x Does your business want to charter a ship for a limited time to transport large quantities of goods?
x Do you want to learn about the most common time charter contract form today?
x You need to find a professional, quality shipping unit with a clear and transparent charter contract?
PROSHIP will provide you with detailed information about the form of a fixed-term charter contract, determining the time from the charter until the end. If your business is having difficulty finding a professional, affordable shipping service with a clear contract, we are the most reliable address on the market today.
The most commonly used time charter contract form
Time Charter Party – This is a contract in which the lessor delivers a fully equipped and manned ship to the lessee for use for a certain period of time. .
Below is the sample content of a Time Charter Contract with the latest updated details:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
Ho Chi Minh City, Date...month...year 2021
TIME CHARTER CONTRACT
Number:
LATEST UPDATE PICTURES OF CONTAINER PROSHIP LOGISTICS TRACTOR
- Pursuant to the 2015 Civil Code
- Pursuant to the 2005 Commercial Law;
- Pursuant to the Maritime Law 2015;
- Based on the capabilities and needs of the parties.
Today, Date…month…year 2021, at,…we include:
PARTY A: LESSOR
X JOINT STOCK COMPANY
Headquarters:…………………………………..
Tax code:…………………………………..
Phone number:…………………………………..
Representative:…………………………………..
Position:…………………………………..
PARTY B: CHARTER PARTY
Mr.: Nguyen Van B
Date of birth:…………………………………..
Permanent residence:…………………………………..
ID number:…………………………………..
Phone number:…………………………………..
After agreement and discussion, the parties agreed to sign a time charter contract with the following content:
Acticle 1: Content of contract
Party A agrees to lease and Party B agrees to charter ship number...
Basic technical parameters of the ship:
- Ship level
- Payload
- Engine capacity
- Capacity
- Speed
- Fuel consumption
Ship's operating area:…………………………………..
Uses:…………………………………..
Contract term:…………………………………..
In case the ship completes its last trip beyond the ship return time determined in the ship charter contract, Party B has the right to continue using the ship to complete that trip, Party B must pay the rental fee for the time. exceed that according to the price determined in the charter contract. If the market charter price is higher than the price determined in the charter contract, Party B must pay the charter price at the market price at that time. .
Article 2. Contract performance
Delivery and return of the ship: Party A is responsible for delivering and receiving the ship at the location...
- Ship delivery time:…………………………………..
- Ship return time:…………………………………..
Party A shall provide all relevant documents and crew list upon handing over the ship.
Article 3. Price and payment method
Rental price: ... VND/year
Deposit: ... VND
Payment term: Party B pays the charter fee every 6 months in the last week of the 6th month.
Payment method: Bank Transfer
Recipient:…………………………………..STK:…………………………………..
Late payment: in case Party B is late in paying Party A, Party B must pay interest on the late payment amount according to the average overdue debt interest rate on the market at the time of payment corresponding to the late payment period.
When the contract expires, or the parties agree to terminate the contract, Party A returns the deposit to Party B within 03 days from the date the contract terminates.
Party B does not have to pay the ship rental fee during the time the ship is not capable of operating due to damage, lack of spare parts or lack of necessary crew capacity. In this case, Party B is exempted from responsibility for costs to maintain the ship.
In case the ship is not capable of operating due to Party B's fault, Party B must still pay the charter fee according to regulations and compensate for damages (if any).
In case Party B does not pay the charter fee according to the contract agreement, Party A has the right to keep the goods and assets on the ship if those goods and assets belong to Party B.
In case the chartered vessel is missing, the charter fee is calculated up to the actual date of receiving the last information about that vessel.
Article 4. Rights and obligations of Party A
4.1. Party A's rights
Be paid in full and on time by Party B.
4.2. Party A's obligations
- Party A is obliged to deliver the ship to Party B at the right place and time with the necessary technical safety state. Have adequate reserves suitable for the agreed use and remain so throughout the charter period.
- Party A provides competent crew members suitable for the purpose of using the ship agreed in the contract, pays salaries and ensures other legal rights for crew members during the charter period.
Article 5. Rights and obligations of Party B
5.1. Party B's rights
- Party B has full rights to use specialized areas on the ship to transport goods
- In case Party B wants to use another area on the ship, it must have the consent of the ship owner.
5.2. Party B's obligations
- Party B is obliged to use the ship for the purpose agreed in the contract and must pay due attention to the interests of the ship owner.
- Party B has the obligation to ensure that the ship is only used to transport legal goods
- After the ship lease expires, Party B is obliged to return the ship to Party A at the location, time and technical condition agreed in the contract, except for natural wear and tear of the ship.
- Party B has the obligation to pay in full and on time as agreed.
Article 6. Termination of time charter contract
The contract terminates in the event of:
- Party B has the right to terminate the contract and claim compensation for damages if Party A violates the obligations specified in Article 4 of this contract.
- The parties have the right to terminate the contract without compensation if war, riots or coercive measures by competent state agencies prevent the implementation of the contract. that cannot be terminated after a reasonable waiting period.
- The charter contract automatically terminates if the ship goes missing, sinks, is destroyed, is considered irreparably damaged or the repair is not economically viable.
Article 7. Force majeure events
A force majeure event is an event of an objective nature and beyond the control of the parties such as earthquakes, floods, tornadoes, tsunamis, landslides, fires, war or the risk of war. ,..and other unforeseeable disasters, policy changes or prohibitions by competent Vietnamese authorities. When an incident occurs, the party affected by the force majeure event must also has the obligation to notify the other party of the force majeure event within 07 days upon the occurrence of the force majeure event.
Article 8. Responsibility for compensation and penalties for violations
8.1. Damages
Any party that causes damage to the other party must compensate for the damage according to the contract agreement and the provisions of law. Actual damages must be fully and promptly compensated. When the injured party is at fault in causing the damage, he or she cannot compensate for the damage caused by his or her fault. The party whose rights and interests are violated are not entitled to compensation if damage occurs due to failure to apply necessary and reasonable measures to prevent and limit damage to themselves.
8.2. Violations
The parties commit to strictly implement the terms agreed upon above and are not allowed to change or cancel the contract. Any party that fails to perform or unilaterally suspends the performance of the contract without a legitimate reason will be subject to penalty. A fine of 8% of the value of the violated contract.
Article 9. Resolving contract disputes
If a dispute arises, the two sides discuss and resolve it together in the spirit of cooperation and mutual benefit. In case the parties cannot resolve the matter themselves, they will request the competent Court to resolve the matter. Costs for all inspection and verification activities and court fees are borne by the at-fault party.
Article 10. Confidentiality provisions
The parties commit to absolute confidentiality of any information or documents containing confidential information of the parties until: the company has terminated its operations; Confidential information has been widely disseminated to the public. Do not buy, sell, use, transfer or profit in any way that discloses confidential information that you have received during the performance of the contract.
Article 11. General provisions
- This contract takes effect from the date it is certified by a notary agency.
- Any amendments and supplements to this contract are only legally valid when agreed upon in writing by both parties and implemented in accordance with the provisions of law.
- The contents of the ship charter that have not been agreed upon by both parties in this contract will be implemented in accordance with the provisions of law.
- The contract is made into 03 original copies of equal value, each party keeps 01 copy, the Notary Office keeps 01 copy
After re-reading the contract, the parties clearly understand and completely agree with the terms agreed in this contract and voluntarily sign below.
REPRESENTATIVE OF PARTY A REPRESENTATIVE OF PARTY B
(Sign and state full name) (Sign and state full name)
Regulations on termination of charter contracts
Pursuant to Article 228 of the Maritime Code (2015), there are regulations on the case of "Termination of a fixed-term charter contract" as follows:
1. The charterer has the right to terminate the contract and claim compensation for related damages, if the shipowner is at fault when performing the obligations specified in Article 221 of this Code;
2. The ship chartering contract automatically terminates if the ship goes missing, sinks, is destroyed, is considered irreparably damaged or the repair is not economically viable;
3. Both parties have the right to terminate the contract without compensation if war, riots occur or coercive measures by competent State agencies hinder the implementation of the contract without such events cannot be terminated after a reasonable waiting period.
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The latest popular time charter contract sample that Proship has just shared above, hopes to support corporate customers in the process of transporting goods and packages of all kinds by sea, knowing clearly all paperwork procedures. sheet, and how to define the responsibilities of relevant parties to proactively apply and implement them. If you have any questions, please contact hotline 0909 344 247 to receive advice and quotes for the best Container cargo ship charter service from Proship.vn.
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