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Charterparty
A charterparty (sometimes charter-party) is a maritime contract between a shipowner and a "charterer" for the hire of either a ship for the carriage of passengers or cargo, or a yacht for pleasure purposes. Charter party is a contract of carriage of goods in the case of employment of a (charter boat). It means that the charter party will clearly and unambiguously set out the rights and responsibilities of the ship owner and the charterers and any subsequent dispute between them will be settled in the court of law or any agreed forum with reference to the agreed terms and conditions as embodied in the charter party. The name "charterparty" is an anglicisation of the French ''charte partie'', or "split paper", i.e. a document written in duplicate so that each party retains half. Types of charterparty There are three main types of charterparty: time, voyage and demise and another. * In a demise (or bareboat) charter, the charterer takes responsibility for the crewing and mainte ...
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Bill Of Lading
A bill of lading () (sometimes abbreviated as B/L or BOL) is a document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment. Although the term historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order. A bill o ...
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Suisse Atlantique Societe D'Armament SA V NV Rotterdamsche Kolen Centrale
''Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale'' 9671 AC 361 is a landmark English contract law decision of the House of Lords, concerning the notions of fundamental breach of contract and inequality of bargaining power. It was subsequently upheld by another House of Lords case, '' Photoproductions v Securicor'', and together these two cases form the definitive statement of the common law prior to the Unfair Contract Terms Act 1977. Facts The case involved a two-year time charter to export coal from Europe to the USA. The ship was to make as many trips as possible, and the owners were to be paid an agreed freight rate according to the amount of cargo carried. If the laytime were exceeded, the charterers were to pay demurrage of $1000 per day. Serious delays occurred because the charterers had difficulty both in getting cargo to the port, and in loading and unloading efficiently. Nevertheless, the shipowner did not cancel the contract, but allowed ...
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Anglicisation
Anglicisation is the process by which a place or person becomes influenced by English culture or British culture, or a process of cultural and/or linguistic change in which something non-English becomes English. It can also refer to the influence of English culture and business on other countries outside England or the United Kingdom, including their media, cuisine, popular culture, technology, business practices, laws, or political systems. Linguistic anglicisation is the practice of modifying foreign words, names, and phrases to make them easier to spell, pronounce or understand in English. The term commonly refers to the respelling of foreign words, often to a more drastic degree than that implied in, for example, romanisation. One instance is the word "dandelion", modified from the French ''dent-de-lion'' ("lion's tooth", a reference to the plant's sharply indented leaves). The term can also refer to phonological adaptation without spelling change: ''spaghetti'', for example, ...
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Layday
In commercial shipping, laytime is the amount of time allowed in a voyage charter for the loading and unloading of cargo. Under a voyage charter or time charter, the shipowner is responsible for operating the vessel, and the master and crew are the employees of the shipowner, not the charterer. However, once the vessel has "arrived" at a port the charterer then assumes responsibility for the loading and unloading of cargo, having a period of laytime in which to carry this out. (Note that the actual loading may be performed by a third-party stevedore). The moment when laytime commences is determined by a Notice of Readiness (or "NOR"), which the master or agent of the ship must give to the port when the ship has arrived at the port of loading or discharge. The charterparty contract determines the precise meaning of "arrival". Usually, "arrival" is when the ship has arrived at the port and is ready in all respects to load or discharge; but it may be, say, when the ship has passed ...
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Laytime
In commercial shipping, laytime is the amount of time allowed in a voyage charter for the loading and unloading of cargo. Under a voyage charter or time charter, the shipowner is responsible for operating the vessel, and the master and crew are the employees of the shipowner, not the charterer. However, once the vessel has "arrived" at a port the charterer then assumes responsibility for the loading and unloading of cargo, having a period of laytime in which to carry this out. (Note that the actual loading may be performed by a third-party stevedore). The moment when laytime commences is determined by a Notice of Readiness (or "NOR"), which the master or agent of the ship must give to the port when the ship has arrived at the port of loading or discharge. The charterparty contract determines the precise meaning of "arrival". Usually, "arrival" is when the ship has arrived at the port and is ready in all respects to load or discharge; but it may be, say, when the ship has passed ...
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Demise Charter
Chartering is an activity within the shipping industry whereby a shipowner hires out the use of their vessel to a charterer. The contract between the parties is called a charterparty (from the French ''"charte partie"'', or "parted document"). The three main types of charter are: demise charter, voyage charter, and time charter. The charterer In some cases a charterer may own cargo and employ a shipbroker to find a ship to deliver the cargo for a certain price, called freight rate. Freight rates may be on a per-ton basis over a certain route (e.g. for iron ore between Brazil and China), in Worldscale points (in case of oil tankers) or alternatively may be expressed in terms of a total sum - normally in U.S. dollars - per day for the agreed duration of the charter. A charterer may also be a party without a cargo who takes a vessel on charter for a specified period from the owner and then trades the ship to carry cargoes at a profit above the hire rate, or even makes a profit in a ...
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Chartering (shipping)
Chartering is an activity within the shipping industry whereby a shipowner hires out the use of their vessel to a charterer. The contract between the parties is called a charterparty (from the French ''"charte partie"'', or "parted document"). The three main types of charter are: demise charter, voyage charter, and time charter. The charterer In some cases a charterer may own cargo and employ a shipbroker to find a ship to deliver the cargo for a certain price, called freight rate. Freight rates may be on a per-ton basis over a certain route (e.g. for iron ore between Brazil and China), in Worldscale points (in case of oil tankers) or alternatively may be expressed in terms of a total sum - normally in U.S. dollars - per day for the agreed duration of the charter. A charterer may also be a party without a cargo who takes a vessel on charter for a specified period from the owner and then trades the ship to carry cargoes at a profit above the hire rate, or even makes a profi ...
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Voyage Charter
Chartering is an activity within the shipping industry whereby a shipowner hires out the use of their vessel to a charterer. The contract between the parties is called a charterparty (from the French ''"charte partie"'', or "parted document"). The three main types of charter are: demise charter, voyage charter, and time charter. The charterer In some cases a charterer may own cargo and employ a shipbroker to find a ship to deliver the cargo for a certain price, called freight rate. Freight rates may be on a per-ton basis over a certain route (e.g. for iron ore between Brazil and China), in Worldscale points (in case of oil tankers) or alternatively may be expressed in terms of a total sum - normally in U.S. dollars - per day for the agreed duration of the charter. A charterer may also be a party without a cargo who takes a vessel on charter for a specified period from the owner and then trades the ship to carry cargoes at a profit above the hire rate, or even makes a profit in ...
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Bunkering
Bunkering is the supplying of fuel for use by ships (such fuel is referred to as bunker), including the logistics of loading and distributing the fuel among available shipboard tanks. A person dealing in trade of bunker (fuel) is called a bunker trader. The term bunkering originated in the days of steamships, when coal was stored in bunkers. Nowadays, the term bunker is generally applied to the petroleum products stored in tanks, and bunkering to the practice and business of refueling ships. Bunkering operations take place at seaports and include the storage and provision of the bunker (ship fuels) to vessels. Singapore is currently the largest bunkering port in the world. Bunkering in maritime law In many maritime contracts, such as charterparties, contracts for carriage of goods by sea, and marine insurance policies, the ship-owner or ship operator is required to ensure that the ship is seaworthy. Seaworthiness requires not only that the ship be sound and properly cr ...
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Berth (moorings)
A berth is a designated location in a port or harbour used for mooring vessels when they are not at sea. Berths provide a vertical front which allows safe and secure mooring that can then facilitate the unloading or loading of cargo or people from vessels. Locations in a port Berth is the term used in ports and harbors for a designated location where a vessel may be moored, usually for the purposes of loading and unloading. Berths are designated by the management of a facility (e.g., port authority, harbor master). Vessels are assigned to berths by these authorities. Most berths are alongside a quay or a jetty (large ports) or a floating dock (small harbors and marinas). Berths are either general or specific to the types of vessel that use them. The size of the berths varies from for a small boat in a marina to over for the largest tankers. The rule of thumb is that the length of a berth should be roughly 10% longer than the longest vessel to be moored at the berth. ...
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Air Charter
Air charter is the business of renting an entire aircraft (i.e., chartering) as opposed to individual aircraft seats (i.e., purchasing a ticket through a traditional airline). Regulation Charter – also called air taxi or ad hoc – flights require certification from the associated country's civil aviation authority. The regulations are differentiated from typical commercial/passenger service by offering a non-scheduled service. Analogous regulations generally also apply to air ambulance and cargo operators, which are often also ad hoc for-hire services. United States In the U.S. these flights are regulated under FAA Part 135. There are some cases where a charter operator can sell scheduled flights, but only in limited quantities. As of 2021, the FAA had made it a priority to crack down on unauthorised charter flights, according to industry experts. Types of service There are several business models which offer air charter services from the traditional charter operator to ...
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