白海标准定期租船合同(汉译英)(2)

　　　　注：本条款的主要精神是，不论因任何原因（其中包括船长、船员的疏忽或过失）所引起的共同海损，若按法令、合同或其他规定，船东可以免除责任者，则共同海损的牺牲和费用，应由船、货双方共同公摊，如按法令，合同或其他规定应由船方负责者，则应由船方单独负担。另有引用该条款时，应再加两点说明：
　　　　　　（1）“共同海损除按1950年约克——安特卫普规则支付外，其理算应按美国法律及习惯办理者，则以新杰森条款为适用依据”。其用意在于部分地变更约克——安特卫普规则，以减轻船方的责任。按约克——安特卫普规则第四条规定：“共同海损的牺牲或费用，其发生的原因纵系因海上共同航行之某方的过失所造成者，过失方仍有享受被补偿的权利；但因其过失所应负之赔偿责任，并不因此免除”。按新杰森条款的规定，共同海损的牺牲或费用虽属船方责任所造成者，如按法令，合同或其他规定船方不负责者，货方应与船方分摊，分摊后，货方不得因船方的过失而转向船方提出赔偿。
　　　　　　（2）“按照本合同，租船人须获得包含本条款的提单”。其目的是船方避免对第三者负贲。
　　两船碰撞互有过失条款
　　（bothto blame collision clause）
　　　　若一船和另一船碰撞，系因对方船舶的疏忽和本承运人的船长、水手、引水员或雇员在航行方面或船舶管理方面的任何行为，疏忽或过失所造成者，则对方的船或非承运船或其船东的一切损失，由本承运人担负者，应由承运人所承运的货物的货主补偿本承运人，此项损失或责任仅限于上述货主所受的损失或任何赔偿要求，已从或应从对方的船或非承运船或其船东得到偿付，并从对方的船或非承运船或其船东向本承运船或本承运人提出赔偿，而从已得到赔偿的部分中扣除者。
　　　　除相撞的船舶以外，又碰撞或触及其他船舶或货物，而且所有人，经营人或管理人有过失时，本条款亦应适用。
　　　　注：本条款的中心内容是：甲方的船舶和货物的损失由乙方的船东赔半数；乙方船舶和货物（转载自第一范文网http://www.网址未加载，请保留此标记。）的损失由甲方船东赔偿半数。另有租船合同中引用此条款时，应加两点说明：
　　　　　　（1）“在履行租船合同时，本船涉及因任何碰撞所发生的责任需按美国法律裁判者。应以本条款为适用。”按一船国家的条例，若两船碰撞，互有过失，则按彼此过失的大小，各向对方的船或货负责的。而按美国法律，不论彼此过失的大小，均以相等的过失来处理。
　　　　　　在租船合同中所以要列入此条款，主要因非美国籍的船舶若与美国籍的船舶碰撞，而又互有过失，不论在何处碰撞，均须按此条款解决，否则，非美国船籍的船东的任何其他船只在美国港口时，美国籍船的船东都可采取手段将其扣留。船东不愿放弃美国港口的生意，所以在租船合同中要订上此条款。
　　　　　　（2）“租船人在本合同下所签发的提单须包含此条款。”其目的是保证船东向货主索回应由货主负担的赔偿费用。

附件

it is this day mutually agreed between _________ owners of the vessel called _________ of _________ tons gross/tons net register， classed _________ of _________ indicated horse power， carrying about _________ tons deadweight on board of trade summer freeboard inclusive of bunkers， stores， provisions and boiler water， having as per builder's plan _________ cubic-feer grain/bale capacity， exclusive of permanent bunkers， which contain about _________ tons， and fully loaded capable of steaming about _________ knots in good weather and smooth water on a a consumption of about _________ tons bert welsh coal， or a about _________ tons oilfuel， now _________ and _________ of _________ charterers， as follows:
您可以访问第一范文网（www.网址未加载）查看更多与本文《白海标准定期租船合同》相关的文章。1.　the owners let， and the charterers hire the vessel for a period of _________ calendar months from the time into sunday or a legal holiday unless taken over the vessel is delivered and placed at the disposal of the charterers between 9 a. m. and 6p. m.， or between9a， m. and2p.m.if on saturday，at _________ in such available berth where she can safelylie always afloat，as the charterers may direct， she being in every way fitted for ordinary cargo service.
　　the vessel to be delivered
2.　the vessel to be employed in lawful trades for the carriage of lawful merchandise only between good and safe ports or places where she can safely lie always afloat within the following limits:
　　_________
　　_________
　　_________
　　no live stock nor injurious， inflammable or dangerous goods （such as acids， explosives， calcium carbide， ferro silicon， naphtha， motor， spirit， tar， or any of their products） to be shipped.
3.　the owners to provide and pay for all provisions and wages，for insurance of the vessel，for all deck and engine - room stores and maintain her in a thoroughly efficient state in hull and machinery during service.
　　the owners to provide one winchman per hatch. if further winchmen are required，or if the stevedores refuse or are not permitted to work with the crew， the charterers to provide and pay qualifiedshore - winchmen.
4.　the charterers to provide and pay for all coals，including galley coal， oil - fuel， water for boilers， port charges， pilotages（whether compulsory or not（转载自第一范文网http://www.网址未加载，请保留此标记。））， canal steersmen， boatage， lights， tug - assistance， consular charges（except those pertaining to the master， officers and crew）， canal， dock and other dues and charges，including any foreign general municipality or state taxes， also all dock，harbour and tonnage dues at the ports of delivery and re - delivery unless incurred through cargo carried before（delivery or after re- delivery）， agencies， commissions， also to arrange and pay for loading， trimming，stowing（including dunnage and shifting boards， excepting any already on board）， unloading， weighing，tallying and delivery of cargoes， suveys on hatches， meals supplied to officials and men in their service and all other charges and expenses whatsoever including detention and expensee through quarantine （including cost of fumigation and disinfection）.
　　all ropes， slings and special runners actually used for loading and discharging and any special gear， including special ropes， hawsers and chains required by the custom of the port for mooring to for the charterers' account. the vessel to be fitted with winches， derricks， wheels and ordinary run- hers capable of handling lifts up to 2 tons.
5.　the charterers at port of delivery and the owners at port of re - delivery to take over and pay for all coal or oil - fuel remaining in the vessl' s bunkers at current price at the respective ports. the vessel to be re - deliverde with not less than _________ tons and not exceeding _________ tons of coal or oil- fuel in the vessel's bunkers.
您可以访问第一范文网（www.网址未加载）查看更多与本文《白海标准定期租船合同》相关的文章。bal time form
6.　the charterers to pay as hire:_________ per 30 days，commencing in accordance with clause luntil her redelivery to the owners.
　　payment of hire to be made in cash，in _________ without discount， every 30 days，in advance.
　　in default of payment the owners to have the right of withdrawing the vessel from the service of the charterers，without noting any protest and without interference by any court or any other formality whatsoever and without prejudice to any claim the owners may other - wise have on the charterers under the charter.
7.　the vessel to be re - delivered on the expiration of the charter in the same good order as whet deliverde to the charterers（fair wear and tear excepted）at an ice- free port in the charterers' option in _________ between 9a.m. and 6p.m.， and 9a.m. and 2p.m. on saturday，but the day of redelivery shall not be a sunday or legal holiday.
　　the charterers to give the owners not less than ten days'notice at which port and on about which day the vessel will be re - delivered.
　　should the vessel be ordered on a voyage by which the charter period will be exceeded th charterers to have the use of the vessel to enable then to complete the voyage， provided it could be reasonably calculated that the voyage would allow re - delivery about the time fixed for the termination the charter， but for any time exceeding the termination date the charterers to pay the market rate if higher than the rate stipulated herein.
8.　the whole reach and burthen of the vessel， including lawful deck - capacity to be at the charterers'disposal ，reserving proper and sufficient space for the vessel's master， officers， crew， tackle， apparel， furnitur（转载自第一范文网http://www.网址未加载，请保留此标记。）e， provisions and stores.
9.　the master to prosecute all voyages with the utmost despatch and to render customary assistance with the vessel's crew.the master to be under the orders of the charterers sa regards employment agency， or other arrangements.the - charterers to indemnify the owners against all consequences or liabilities arising from the master， officers or agents signing bills of lading or other documents or otherwise complying with such orders， as well as from any irregularity in the vessel's papers or for overcarrying goods.the owners not to be responsible forshortage， mixture， matks， not for number of pieces or packages， nor for damage to or claims on cargo caused by bad stowage or otherwise.
　　if the charterers have reason to be dissatisfied with the conduct of the master， officers， or engineers，the owners， on receiving particulars of the complaint， promptly to investigate the matter， and， if necessary and practicable，to make a change in the appointments.
10.　the charterers to furnish the master with all instructions and sailing directions and the master and engineer to keep full and correct logs accessible to the charterers or their agents.
11.　（a）in the event of drydocking or other necessary measures to maintain the efficiency of the vessel， deficiency of men of owners' stores， breakdown of machinery， damage to hull or other accident， either hindering or pre venting the working of the vessel and continuing for more than twentyfour consecutive hours， no hire to be paid in respect of any time lost thereby during the period in which the vessel is unable to perform the service immediately required. any hire paid in advance to be adjustde accotdingly.
您可以访问第一范文网（www.网址未加载）查看更多与本文《白海标准定期租船合同》相关的文章。（b）in the event of the vessel being driven into port or to anchorage through stress of weather， trading to shallow harbors or to rivers or ports with bars or suffering an accident to her catgo， any detention of the vessel and/or expenses resulting from such detention to be for the charterers account even if such detention to be for the charterers account even if such detention and/or expenses，or the cause by reason of which either is incurred， be due to， or be contributed to by ，the negligence of the owners' servants.
12.　cleaning of boliers whenever possible to be done during service， but if impossible the charterers to give the owners necessary time for cleaning. should the vessel be detained beyond 48 hourshire to cease until again ready.
13.　the owners only to be responsible for delay in delivery of the vessel or for delay during the currency of the charter and for loss or damage to goods onboard ， if such delay or loss has been caused by want of due diligence on the part of the owners of their maneger in making the vessel seaworthy and fitted for the voyage or any other personal act or omission or default of the owners or their manager in making the vessel seaworthy and fitted for the voyage or any other personal act or omission or default of the owners or their maneger. the owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default of their servants .the owners not to be liable for loss or da（转载自第一范文网http://www.网址未加载，请保留此标记。）mage arising or resulting from strikes，lockouts or stoppage or restraint of labour （including the master， officers or crew） whether partial or general.
　　the charterers to be responsible for loss or damage caused to the vessel or to the owners by goods being loaded contrary to the trems of the charter or by improper or careless bunkering or loading，stowing or discharging of goods or any other improper or negligent act on their part or that of their servants.
14.　the charterers or their agents to advance to the master， if required， necessary funds for ordinary disbursements for the vessel's account at ant port charging only interesr at 6 per cent p.a.， such advances to be deducted from hire.
15.　the vessel not to be ordered to nor bound to enter:a） any place where fever or epidemics are prevalent or to which the master， officers and crew by law are not bound to follow the vessel. b） any ice - bound place or any place where lights，lightships， marks and buoys are or are likely to be withdrawn by reason of ice on the vessel's arrival or where there is risk that ordinarily the vessel will not be able on account of ice to reach the place or to get out after having complered loading or discharging. the vessel not to be obliged to force ice. if on account of ice the master considers it dangerous to remain at the loading or discharging place for fear of the vessel being frozen in and/or damaged， he has liberty to sail to a convenient open place and await the charterers' fresh instructions.
您可以访问第一范文网（www.网址未加载）查看更多与本文《白海标准定期租船合同》相关的文章。unforeseen detention through any of above causes to be for the charterers' account.
16.　should the vessel be lost or missing，hire to cease from the date when she was lost. if the date of loss cannot be ascertained half hire to be paid from the date the vessel was last reported until the calculated date of arrival at the destinaton. any hire paid in advance to be adjusted accordingly.
17 .the vessel to work day and night if required. the charterers to refund the owners their outlays for all overtime paid to officers and crew according to the hours and rates stated in the vessel articles.
18.　the owners to have a lien upon all cargoes and sub - freights belonging to the time charterers and any bill of lading freight for all claims under this charter， and the charterers to have a lien on the vessel for all moneys paid in advance and not earmed.
19.　all salvage and assistance to other vessels to be for the owners'and the charterers' equal benefit after deducting the master's and crew's proportion and all legal and other expenses including hire paid under the charter for time lost in the salvage，also repairs of damage and coal of oilfuel consumed. the charterers to be bound by all measures taken by the owners in order to secure payment of salvage and to fix its amount.
20.　the charterers to have the option of subletting the vessel， giving due notice to the owners， but the original charterers always to remain responsible to the owners for due performance of the charter（转载自第一范文网http://www.网址未加载，请保留此标记。）.
21.　（a）the vessel unless the consent of the owners be first obtained not to be ordered nor continue to any place or on any voyage nor be used on any service which will bring her within a zone which is dangerous as the result of any actual or threatened act of war ，war hostilities，warlike operations， acts of piracy or of hostility or malicious damage against this or any other vessel or its cargo by any person， body or state whatsoever， revolution， civil war， civil commotion or the operation of international law， nor be exposed in any way to any risks or penalties whatsoever consequent upon the imposition of sanctions， not carry any goods that may in any way expose her to any risks of seizure， capture， penalties of any other interference of any kind whatsoever by the belligerent of fighting powers of parties or by any government or ruler.
　　（b）should the vessel approach or be brought or ordered within such zone， or be exposed in any way to the said risks， （1）the owners to be entitled from time to time to insure their interests in the vessel and /or hire against any of the risks likely to be involved thereby on such terms as they shall think fit， the charterers to make a refund to the owners of the premium on demandg and （2）notwithstanding the terms of clause 11 hire to be paid for all time lost including any lost owing to loss of or injury to the master， officers， or crew or to the action of the crew in refusing to proceed to such zone or to be exposed to such risks.
您可以访问第一范文网（www.网址未加载）查看更多与本文《白海标准定期租船合同》相关的文章。（c）in the event of the wages of the master，offices and/or crew or the cost of provisions and/or stores for deck and/or engine room and/or insurance premiums being increased by reason of or during the existence of any of the matters mentioned in section（a） the amount of any increase to be added to the hire and paid by the charterers on production of the owners'account therefor， such account being rendered monthly.
　　（d）the vessel to have liberty to comply with any orders or directions as to departure，arrival， routes， ports of call， stoppages， destination， delivery of in any other wise whatsoever given by the govemment of the nation under whose flag the vessel sails of any other government of any person （or body） acting or purporting to act with the authority of such government or by any committee or person having under the terms of the war risks insuance on the vessel the right to give any such orders or directions.
　　（e）in the event of the nation under whose flag the vessel sails becoming involved in war，hostilities，warlike operations， revolution， or civil commotion， both the owners and the charterers may cancel the charter and， unless otherwise agreed，the vessel to be redelivered to the owners at the port of destination or，if prevented through the provisions of section （a） from reaching or entering it， then at a near open and safe port at the owners'option，after discharge of any cargo on board.
　　（f）if in compliance with the provisions of this clause any（转载自第一范文网http://www.网址未加载，请保留此标记。） thing is done or is not done，such notto be deemed a deviation.
22.　should the vessel not be delivered by the _________ day of _________ 19_________，the charterers to have the option of cancelling.
　　if the vessel cannot be delivered by the cancelling date， the charterers， if required， to declare within 48 hours after receiving notice thereof whether they cancel or will take delivery of the vessel.
23.　any dispute arising under the charter to be referred to arbitration in london （or such place as may be agreed ）one arbitrator to be nominated by the owners and the other by the charterers， and in case the arbitrators shall not agree then to the decision of an umpire to be appointed by them，the award of the arbitrators or the umpire to be final and binding upon boty parties.
24.　general average to be settled according to york/antwerp rules， 1974. hire not to contribnte to general average.
25.　the owners to pay a commission of _________ to _________ on any hire paid under the charter， but in no case less than is necessary to cover the actual expenses of the brokers and a reasonable fee for their work. if the full hire is not paid owing to breach of charter by either of the parties the party liable therefor to indemnify the brokers against their loss of commission.
　　should the parties agree to cancel the charter ，the owners to indemnify the brokers against any loss of commission but in such case the commission not to exceed the brokerage on one year's hire.
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