New
Oil Pollution Charter Party Clause
THE FOLLOWING
NEW oil pollution charter party clause has been introduced to cover all certain
tank vessels carrying persistent oil in bulk:“Financial responsibility in respect of pollution (applicable to all self propelled tank vessels and to non-self propelled tank vessels carrying more than 2,000 tons of persistent oil in bulk as cargo)
(1) Owners warrant that throughout the currency of this charter they will provide the vessel with the following certificates:
(a)
Certificates issued pursuant to the Civil Liability Convention 1969 (“CLC”) and
pursuant to the 1992 protocols to the CLC, as and when in force.
(b) Certificates issued pursuant to Section 1016 (a) of the Oil Pollution Act 1990, and section 108 (a) of the Comprehensive Environmental Response, Compensation and Liability Act 1980, as amended in accordance with Part 138 of Coast Guard Regulations 33 CFR, so long as these can be obtained by the owners from or by (identify the applicable scheme or schemes).
(2) Notwithstanding
anything whether printed or typed herein to the contrary,(b) Certificates issued pursuant to Section 1016 (a) of the Oil Pollution Act 1990, and section 108 (a) of the Comprehensive Environmental Response, Compensation and Liability Act 1980, as amended in accordance with Part 138 of Coast Guard Regulations 33 CFR, so long as these can be obtained by the owners from or by (identify the applicable scheme or schemes).
(a)
save as required for compliance with paragraph (1) hereof, owners shall not be
required to establish or maintain financial security or responsibility in
respect of oil or other pollution damage to enable the vessel lawfully to
enter, remain in or leave any port, place, territorial or contiguous waters of
any country, state or territory in performance of this charter.
(b) Charterers shall indemnify owners and hold them harmless in respect of any loss, damage, liability or expense (including but not limited to the costs of any delay incurred by the vessel as a result of any failure by the charterers promptly to give alternative voyage orders) whatsoever and howsoever arising which owners may sustain by reason of any requirement to establish or maintain financial security or responsibility in order to enter, remain in or leave any port, place or waters, other than to the extent provided in paragraph (1) hereof.
(c) Owners shall not be liable for any loss, damage, liability or expense whatsoever and howsoever arising which charterers and/or the holders of any bill of lading issued pursuant to this charter may sustain by reason of any requirement to establish or maintain financial security or responsibility in order to enter, remain in or leave any port, place or waters, other than to the extent provided in paragraph (1) hereof.
(3) Charterers
warrant that the terms of this clause will be incorporated effectively into any
bill of lading issued pursuant to this charter.”(b) Charterers shall indemnify owners and hold them harmless in respect of any loss, damage, liability or expense (including but not limited to the costs of any delay incurred by the vessel as a result of any failure by the charterers promptly to give alternative voyage orders) whatsoever and howsoever arising which owners may sustain by reason of any requirement to establish or maintain financial security or responsibility in order to enter, remain in or leave any port, place or waters, other than to the extent provided in paragraph (1) hereof.
(c) Owners shall not be liable for any loss, damage, liability or expense whatsoever and howsoever arising which charterers and/or the holders of any bill of lading issued pursuant to this charter may sustain by reason of any requirement to establish or maintain financial security or responsibility in order to enter, remain in or leave any port, place or waters, other than to the extent provided in paragraph (1) hereof.
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