ASBATIME

The ASBATIME restricts its comments to drydocking and to ship’s gear. Yet there might well be additional rider clauses depending on the complexity of the ship type and/or trade involved. For trip charters it is customary to delete the drydocking clause and replace it by a simple statement such as ‘no drydocking during this time charter, except in cases of emergency’. Cargo Claims: For their mutual benefit, it is important that time charterers and owners of time chartered vessels reach an understanding on how cargo claims (if any) will be handled, which of the two is to handle them, and under what authority. Clause 30 of the ASBATIME sets out a very brief division of responsibility but many time charterparties draft a rider clause incorporating into the charterparty the detailed NEW YORK PRODUCE EXCHANGE INTER-CLUB AGREEMENT. Master/Officers: (Clauses 8 & 9). The duties of a ship’s Master are defined and it is spelt out that although a Master is the owner’s legal servant he must act under the orders of the charterers as far as the vessel’s employment is concerned. It is frequently the case that a rider clause lists the duties expected of a time chartered ship’s officers and crew, whereas Clause 9 is a universal clause giving the charterers rights should they feel that the Master and/or his officers are not carrying out their responsibilities towards the charterers in a reasonable manner. Logbooks: (Clause 11). Another protection clause for charterers’ interests. In fact, it is frequently the case that charterers add a clause, or wording to this clause, that they have the right to check a vessel’s performance by reference to a specialised weather-routing company – e.g. Oceanroutes – and in the event that the logbooks and the independent reports disagree, the independent reports take precedence over the logbooks. This is important in respect of off-hire claims and vessel’s performance. Supercargo/Victualling: (Clause 10). Spells out charterer’s right to appoint a supercargo and the costs of exercising this right with regard to meals and accommodation. A right not exercised very frequently, but an invaluable means not only of watching over a time chartered ship’s performance, but of providing training to a charterer’s personnel. The second part of the clause deals with meals which are to be provided by the owners, and the cost of these meals.