Exxonmobil Voy 2012 .pdf Updated
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ExxonMobil VOY2012: A New Tanker Voyage Charter Party
ExxonMobil has recently released a new version of its tanker voyage charter party, ExxonMobil VOY2012, which updates and replaces the previous ExxonMobil VOY2005. The new charter party is intended to reflect the current market practices and legal developments in the tanker industry, as well as to incorporate some of ExxonMobil's specific requirements and preferences.
The ExxonMobil VOY2012 charter party consists of a Preamble, Part I and Part II. Part I contains the main commercial terms of the charter, such as the vessel description and position, the laydays, the loading and discharging ranges/ports/places, the cargo quantity and description, the freight rate, the billing, the laytime, the demurrage/deviation rate, the special provisions and the incorporated clauses. Part II contains the general terms and conditions of the charter, which cover various aspects such as definitions, cargo operations, bills of lading, freight payment, demurrage/deviation, safe port/berth/place warranty, deviation/liberty clauses, war risks, pollution prevention, ice clause, lien clause, law and arbitration clause, etc.
Some of the notable changes and features of ExxonMobil VOY2012 compared to ExxonMobil VOY2005 are:
The incorporation of the Rotterdam Rules as the default contractual regime for cargo liabilities between the owner and the charterer under clause 27 (a) (i), unless the bill of lading is issued at a place where the Hague Rules, Hague-Visby Rules or Hamburg Rules have been enacted.
The inclusion of a new clause 27 (a) (ii) that allows either party to request a switch from Rotterdam Rules to Hague-Visby Rules or vice versa by giving written notice to the other party before loading.
The revision of clause 18 (g) that specifies the allowed pumping hours for loading and discharging operations based on different cargo types and quantities. The clause also provides for an increase in the allowed pumping hours if crude oil wash is required.
The addition of a new clause 18 (h) that requires the owner to provide a certificate of cleanliness for each cargo tank before loading.
The modification of clause 19 that clarifies the owner's obligation to provide a letter of indemnity to the charterer in case of delivery of cargo without production of original bills of lading.
The amendment of clause 20 that stipulates that freight shall be deemed earned on completion of loading and shall be paid within five banking days after receipt of invoice and supporting documents by charterer.
The alteration of clause 21 that sets out a detailed procedure for calculating demurrage/deviation claims and provides for an interest rate of LIBOR plus two percent per annum for late payment.
The introduction of a new clause 22 that gives the owner an option to claim detention instead of demurrage if loading or discharging is delayed due to reasons beyond charterer's control.
The expansion of clause 23 that defines safe port/berth/place and imposes various obligations on charterer regarding port information, weather conditions, pilotage, tugs, mooring facilities, etc.
The enhancement of clause 24 that grants more liberty to owner to deviate for various purposes such as saving life or property at sea, complying with orders or directions from governmental authorities or international organizations, avoiding actual or potential danger or damage to vessel or cargo or crew or environment, etc.
The update of clause 25 that reflects the latest war risks clauses issued by BIMCO in 2013.
The improvement of clause 26 that incorporates more comprehensive pollution prevention clauses issued by INTERTANKO in 2013.
The deletion of clause 28 that dealt with US Oil Pollution Act 1990 (OPA 90) as it is no longer relevant due to ExxonMobil's policy not to trade vessels in US waters.
The change of clause 29 that specifies London as the place of arbitration under English law unless otherwise agreed by parties.
The ExxonMobil VOY2012 charter party is available in PDF format on various online platforms such as Scribd[^1^], DocPlayer 9160f4acd4
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