Bimco Stevedore Damage Clause For Voyage Charter

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Multi-State
Control #:
US-01153BG
Format:
Word; 
Rich Text
Instant download

Description

The Bimco stevedore damage clause for voyage charter is designed to address potential damages incurred during loading and unloading operations. This clause clarifies the responsibilities and liabilities between the parties involved, particularly the owner of the vessel and the stevedore. Key features of the clause include specification of liability limits, procedures for claiming damages, and the necessity for clear documentation of any incidents. Users will fill in details such as the specific voyage, the parties involved, and conditions that might lead to damage. Specific use cases for this clause include protecting vessel owners from unforeseen liabilities and clarifying expectations for stevedores and charterers. For legal professionals, such as attorneys and paralegals, this form provides a reliable framework for ensuring accountability in maritime operations. It also serves as a tool for dispute resolution, minimizing the likelihood of litigation. This clause appeals to partners and associates by ensuring streamlined communication between parties regarding damages.

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FAQ

Generally under the terms of a time Charterparty stevedores are employed by charterers and ultimate responsibility for damage caused to the vessel will lie with charterers.

(a) The Charterers shall be responsible for damage (fair wear and tear excepted) to any part of the Vessel caused by Stevedores. The Charterers shall be liable for all costs for repairing such damage and for any time lost, which shall be paid in an amount equivalent to the demurrage rate.

Under time charterpar- ties it is often the charterer who employs and assumes contractual responsibility for stevedores. As a starting point, there- fore, the charterer is responsible for such damage to the vessel and should repair or indemnify the owner for repairs carried out.

Whose servant is the stevedore? Stevedores are employed to assist in the loading and discharging of cargo from a vessel. Responsibility for their actions will depend primarily upon who engages their services, the shipper of cargo, the owner of the ship or the charterers of the ship.

The most common clauses included in a charter party are: bunker clause, ship clause, ice clause, lighterage clause, negligence clause, ready berth clause, loading and unloading time, and liability clause.

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Bimco Stevedore Damage Clause For Voyage Charter