FIXTURE NOTE
No: HHL/PTAPM/2010/01
Dated: 1STH SEF, 2010
This agreement made in (VIET NAM)
12TH AUG, 2010
This Agreement made by and between
On the Terms and Conditions State Below:
Recommended:
On THE BALTIC AND INTERNATIONAL MARITIME COUNCIL UNIFORM
Conferences Uniform General Chapter (as revised 1992 AND 1973, Code Name “GENCON
/ 1993 SV”)
A. OWNER / PLACE / BUSINESS:FIJICO - SHIP JSC, 11/P23/104, Doan Xa, Ngo Quyen, Hai
Phong, Viet Nam.
Tel: 84 936261926
Fax: 84 313765962
B. CHARTER / PLACE / BUSINESS: AN GIANG AGRICULTURE AND FOOD IMPORT
EXPORT COMPANY, 34-36, Hai Ba Trung, Long Xuyen, An Giang.
TWO PARTIES AGREED TO SIGN THE AGREEMENT WITH ALL OTHER DETAILS AS
FOLLOWING:
1. ALL NEGOTIATIONS AND EVENTUAL FIXTURE TO BE KEPT STRICTLY CONFIDENTIAL
AND PRIVATE.
2. PERFORMING VESSEL:
MV: MMP Vessel; Flag: Philippine; Built: 1984; Classification: 2; Registered: Hiroshima port;
Shipowners: FIJICO - SHIP JSC; GT/NT/DWT: 4619/2109/5968; LOA/BM: 98,25/17,5MS;
Grain/Bale : 1,4m3/T CBMS. HO/HA: 2H/2H; Single Decker; Speed: 11Nm/h.
3. OWRS GTEE THAT VSL IS FULLY COVERED / ENTERED INTO THE CLASS, P&I CLUB,
HULL AND MACHINERY INSURANCE AND ISM CERTIFICATES ALWAYS AND VESSEL TO
BE ACCEPTABLE TO RELEVANT AUTHORITIES AND CONFORMS WITH LAWS,
REGULATIONS IN FORCE AT OR APPLICABLE TO THE RESP LOADING AND
DISCHARGING PORTS.
4. CARGO & QUANTITY - CEMENT IN BAGS 3800 T RICE IN BAG.
5. LOAD PORT - 1 SP 1SB SAI GON, VIET NAM.
6. DISPORT - 1 SP 1SB MANILA, PHILIPPIN.
7. FREIGHT RATE – USD PMT (LUMSUMP) 34 USD/T-FI.S, 5% more or less CONTRACT
PERIOD: FOR 2 CONSECUTIVE VOYAGES.
8. LOADING/ DISCHARGING RATE: THE TIME LOADING:
1500/1700 mt/s per weather working days, Sundays and holidays included (WWDSHINC)
9. LAYCAN - 20/10/2010 - 23/10/2010.
10. NOR TO BE TENDERED ANY TIME DAY OR NIGHT UPON VSL ARRIVED PILOT
STATION.
11. LAYTIME FOR LOADING AND DISCH TO COMMENCE 12 HRS AFTER TENDERING
NOR ON ARRIVAL BENDS. IF NOR IS TENDERED AFTER 1700 HRS TIME TO COMMENCE
AT 0800 HOURS NEXT DAY EIU. ANY DELAY IN COMMENCEMENT OF CARGO
OPERATIONS DUE TO REQUIREMENT OF AUTHORITIES, CUSTOMS, IMMIGRATION,
QUARANTINE, ETC TIME RELATED TO VESSEL’S DELAY NOT TO COUNT BEND.
LAYTIME SHALL CEASE TO COUNT ON COMPLETION OF LOADING /DISCHARGE
OPERATION AT BOTH ENDS. LAYTIME TO BE FULLY REVERSIBLE BETWEEN LOADING
AND DISCHARGING PORTS.
12. DEMMURAGE / DESPATCH - USD 4,000 PDPR / HALF DESPATCH.
13. FREIGHT PAYMENT: 10% OCEAN FREIGHT WILL BE PAID IN ADVANCE AFTER
FIXTURE NOTE SIGNED AND STAMPED BETWEEN TWO PARTIES AND 90% FREIGHT
PAYABLE IN US DOLLARS TO OWNERS NOMINATED BANK ACCT WHEN VESSEL
ARRIVAL MANILA PORT, PHILIPPINE (BEFORE DISCHARGING). IN CASE CHARTERS
REQUIRE “FREIGHT PREPAID” BS/L SAME TO BE ISSUED UPON RECEIPT OF SWIFT
COPY FROM BANK CONFIRMING PAYMENT OF FREIGHT.
14. FREIGHT DEEMED EARNED UPON COMPLETION OF LOADING VSL AND/OR CARGO
LOST OR NOT LOST.
15. OAP IF ANY TO BE FOR CHRTS ACCT. IF CARGO TO BE TRANSFERRED ONTO
BARGES, ALL BARGE TO HAVE STRONG FENDERS, ALL CHARGE TO BE CHRTR
ACCOUNT.
16. CARGO TO BE DISCHGD AND RELEASED TO THE RCVRS AGAINST CHARTERERS’
LETTER OF INDEMNITYIF ORIGINAL BS/L ARE NOT AVAILABLE AT DISCH PORT.
17. CHARTERS AGENT AT BENDS: LOAD PORT D/A TO BE CHRTS ACCOUNT AND
DISCH PORT D/A TO BE OWNERS ACCOUNT.
18. VSLS HOLDS TO BE SWEPT, CLEANED AND DRIED UP BEFORE COMMENCE LDG
CARGO AND TO PASS HOLD INSPECTION BY SHIPPERS/CHRTS AT LOAD PORT. IF THE
VSL FAILS TO PASS HOLD INSPECTION, LAYTIME TO COUNT ONLY AFTER PASSING
SAME. IF VSL FOUND RUSTED AND IF ANY COATINGS REQD, THE SAME TO BE
CARRIED OUT BEFORE LDG OF CARGO AND DELAY IF ANY NOT TO COUNT.
19. ALL TAXES / DUES ON CARGO TO BE FOR CHARTERERS ACCT BENDS.
20. ALL TAXES / DUES ON VSL / FLG / FRT TO BE FOR OWNERS ACCT BENDS.
21. LIGHTERAGE/LIGHTERING IF ANY TBF CHRTS’ ACCT.
22. SHIFTING IF ANY TBF OWNS’ ACCT.
23. VSL GEAR TO BE IN WORKING ORDER AND IF ANY GEARS INOPERATIVE, TIME NOT
TO COUNT INPRO-RATA, IN CASE VSL GEAR BROKEN DOWN, CHRTS HAVE TO
ARRANGE SHORE CRANE BUTTO BE FOR OWNS ACCT.
24. B/L QUANTITY TO BE ASCERTAINED BY INTAKE JOINT DRAFT SHIPPER/
RECEIVER’S SURVEY ATLOAD PORT/DISPORT.
25. DEAD FREIGHT: IF VSL ARRIVES AT LDG PORT THAT CHTRS HAVE NO OR NOT
ENOUGH CARGO TO LOAD, FAIL TO LOAD CARGO AS AGREED, CHTRS MUST PAY
DEAD FREIGHT TO OWNS AS CL 7&13 ABV.
26. STOPPAGES CAUSED BY FORCE MAJEURE NOT TO COUNT.
27. ARBITRATION IN PHILIPPINE ENGLISH LAW TO APPLY.
28. GENERAL AVERAGE IF ANY TO BE SETTLED ACCORDING TO YORK-ANTWERP
RULES.
29. OTHERWISE GENCON 94.
30. COMMISSION 0%.
31. THIS CONTRACT WILL BE VALUED BY FAX.
32. IF CANCELLATION DATE, IF SHIPMENT IS CANCELLED, THE PENALTY TO BE PAID
BY CANCEL PARTY CHRTS BSS USD 60,000.
OWNER CHARTERER