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SECTION 1.
CHARTERING PROCEDURE
SECTION 2.
CUSTOMARY ABBREVIATIONS
SECTION 3
CHARTERING PRACTICE
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1.
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1.
1.1 Initial order
D It is usual to consider the initial order to come from the
charterer since the movement of cargo is the core element of the
shipping industry. The following is an example the initial order
from the charterer:
D ³Please find a ship of about seven thousand tons which we
could charter for 12 months to take consignment of wheat from
ports of North American to various ports along the China coast.
The question of speed is important as the ship we need must be
able to make a fast turn round. Please advise us if you can get a
suitable ship and let us know the terms´.
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D ðrom legal point of view, a quote is not binding on
the party making it.
D According to the Contract Law of the People¶s
Republic of China, a quote is not an offer, it is
only an invitation for offer. An invitation for offer
is a proposal for requesting other parties to make
offers to the principal.
1.3 Contents of the quote
(1) Quote made by charterers under voyage charters
D The charterer¶s name and domicile.
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5. Subject to
D ³Subject to stem´.
D ³Subject to open´.
D ³Subject to details´.
*2! :!&
D When the parties have in their negotiations used such phrases
as ³Subject to charterers¶ board¶s approval´ or ³Subject to
receiver¶s approval´, it is a matter of construction of all the
exchanges in their contexts to decide whether there is (a) no
binding contract at all; or (b) a contract which binds
immediately but whose main obligations come into operation
only if and when the approval has been given;
D Although the main obligations of the contract will not come
into operation until approval is given, there may, meanwhile,
be an obligation on one or both of the parties not to prevent the
fulfillment of the requirement or even to do what is reasonable
to try to fulfill it.
*+2-
D A typical example may be that of a merchant who wants to secure
shipping space for goods he is about to buy or sell. He may find it
practical to have tonnage at hand and negotiate all arrangements
for shipment prior to buying or selling the goods. In such a case
his charter offer is made ³subject stem´, meaning that he is in no
way committed if the purchase or sale of the goods should not
materialize. It is an expression used to qualify an agreement to
load under a charter by making the obligation subject to the
agreement of suppliers to make cargo available at the relevant time.
D Another example is that of the shipowner who makes a firm offer
³subject open´, meaning that he retains the right to withdraw his
offer in case the vessel should be fixed for other business prior to
acceptance of the offer in question. In general such an offer is no
more than an indication or quote.
*!2"!&-
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[ ] (A) _____safe port(s) at_____________/________________ .
[ ] (B) _____safe berth(s) at port(s) of _______/_ ___________.
D 5$Loading/Discharging Rate: [Indicate Alternative§A or§B or (C) with¥]
[ ] §A _________/__________m/ts per weather working day, Sundays and
holidays excepted unless used (PWWD SHEÕ UU) .
[ ] §B _________/___________m/ts per weather working day , Sundays and
holidays excepted even if used (PWWD SHEÕ EIU).
[ ] §C Customary quick despatch at port(s) of_________[ loading or
discharging](CQD).
D ADCOM 2.5PCT
D DEM/DES USD3000/DHD
D TKS BRGDS
$!( ðirm offer )
D TKS ðOR YR COUNTER 4/4/98 WE ðIRM
OððER ASðLWS
D LOAD /DISCH 2000/2500MT WWDSHEÕ UU
D USD 19.50 PMT ðIOST l/1 BSS
D ADCOM 1 .25PCT
D OTHERS AS PER OUR PREVIOUS TLÕES
D SUBJ OWRS BOD APRVL W/l 24HRS
D BRGDS
$!( Acceptance )
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999, |0 32400
D TKS ðOR YR ðIRM OððER AS GOOD
RELATION BTWN US YR ðIRM OððER
ACPTD PLS ADJST ðRT SUGST USD
19.00PMT
D PLS URG CðM THE ABV
D BRGDS
$!( ðirm offer)
MV RUDIA 6000MT COKE ÕGG/BKK
D
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D BRGDS
D TK U ðOR UR PROðORMA WE SUGST TO DELET
TALLYING N SEPERATION/CGO ðUMIGATION
CLAUSES N ADD CLAUSE Oð ISSUING 2ND SEð Oð
B/LADING AT HKG SUGST USING ðLWG AS NORMAL
PRACTICE:
D "UPON RCPT ðULL ðRT (LESS 1 .25PCT ADCOM), OWRS
AGREE TO ISSUE ðREE Oð CHARGE TO CHTRS A 2ND
SET ðRT PREPAID B/LADING IN HKG AGNST CHTRS
LETTER Oð INDEMNITY IN OWNRS WORDINGS
INDEMNIðING OWRS AGNST ALL CONSEQS
THEREðROM THE 1ST SET Oð B/LADING TB RETURD TO
OWNRS ASAP
D Ið U HV NO OBJTN PLS GO AHEAD TO PREPARE C/P
ðOR EARLIER SIGNATURE.
D TK U VERY MUCH
D BRGS
D Messrs Thailand ðar East ÕYZ International Trading Co. Bangkok
D Dear Sirs,
D Please find enclosed herewith two sets of the Charter Party dated.
Hong Kong 7th April, l998 as per our telexes exchange from 2nd to
7th April, l998 Covering a shipment of 6,000.00 metric tons of coke
in bulk from Õingang to Bangkok.
D Please check and sing them and return us one set which being duly
signed by your goodselves.
D We thank you very much for prompt fixture of the Charter Party
based on your support and our board appreciates cooperation
between our two parties and looking forward to developing our
good relation.
D ðor your information, MV "Rudia" is now sailing to Pushan to
discharge there a full cargo of gypsum in bulk and we expect she
can depart from Pushan around 22nd instance and arrive at Õingang
on 23rd. ________________
Vice President
MARD Shipping Co., Ltd