Preamble

Contrary to the MULTIFORM and the AMWELSH, the preamble of the ASBATIME is lengthy, taking up most of the first page of the charterparty, and covering a wide range of subjects within its text, not least the place where the contract is made, the date of the charterparty and the names and domiciles of the contracting parties. (NYPE 93 follows the same pattern.) Vessel Description: (Preamble lines 5/23). Depending upon the complexity of the intended trade, the description of the vessel may be more or less as for voyage charterparties, with the important addition of speeds and bunker consumptions. For the sake of clarity, it is also advisable to include clarification of the term ‘good weather conditions’ (in line 19), usually with reference to weather and sea conditions (e.g. Beaufort Wind Scale and, perhaps Douglas Sea State – see NYPE 93 and Lesson Nine) against which factors a vessel’s performance should be measured. Not forgetting the vessel’s position and readiness (line 23) which is as important to a time charterer as to a voyage charterer. Duration of Period/Description of Trip(s): (Preamble lines 27/30). The duration of a period time charter should be entered, together with a margin either side of the formal period – e.g. ’15 days more or less, at charterers’ option’. The parties can agree an exact redelivery date, but in practice this is difficult to comply with and, in the event of legal disputes, most courts would imply a reasonable margin. For trip-charters designed for specific voyages, it is commonplace to insert an approximation of the voyage duration – e.g. ’45 days’ – although this is normally qualified by the addition of the words ‘all going well’ or ‘about’ or ‘without guarantee’.