Off-Hire

Hire: (Clauses 4, 5 and 29). Amount, when, where and to whom hire is payable, and arrangements for other payments, less deductions for items such as port expenses and cash for master. Agreement for procedure in case of late payment of hire. (The subject of time charter hire is dealt with at length in Lesson Five). Off-Hire: (Clause 15). Provisions leading to off-hire situations – e.g. poor performance; strike of crew; drydocking; etc. – and appropriate deductions from hire payments. (See also Lesson Five). Vessel Performance: There is no especial stipulation about vessel performance in the ASBATIME which, in common with most dry-cargo charters penalises through its off hire provisions (see Clause 15) for poor performance but, in contrast to tanker time charterparties, does not reward dry-cargo owners in the event that their vessel performance exceeds the contractual speed and/or consumes less bunkers than specified. There is a valid case for dry-cargo timecharterers to copy tanker traditions and to enter in the charterparty a range of speeds and consumptions, say from 8 knots up to 15 knots, in both laden and ballast conditions. Ideally a master should be given specific instructions at the commencement of each voyage leg as to a charterer’s performance requirements, and failure to perform as per charter commitments should be penalised whereas extra performance should be rewarded. Vessel Maintenance: (Clauses 20 & 21). 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 – e.g. a reefer or a logger. 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’.