Obligatory inspection on the berth is arranged by the Agents to whom the vessel is consigned and the Master should not delay the presentation of Notice of Readiness if the vessel is not inspected immediately upon arrival. Inspections carried out upon arrival of a vessel at the roads or while waiting for its assigned berth/grain terminal, are of a preliminary nature and in no way exempt the vessel from the obligatory inspection prior to actual commencement of loading.
Grain cargoes are also inspected upon reception into silos and during actual loading by independent grain quality control inspectors (appointed by either shippers or buyers of the grain cargo).
a) CLAUSES USUALLY MAINTAINED:
12) Lay days and canceling.
17) Cargo alongside.
21) Bills of lading and lien.
27) Charterers right to be on board.
b) CLAUSES NORMALLY ADAPTED TO THE PARTICULAR CIRCUMSTANCES OF THE CASE:
1) Agreement between parties.
2) Description of the cargo.
3) Loading ports. Clause amended, printed clause deleted.
4) Destination. Clause amended, printed clause deleted.
5) Freight and options. Clause amended, printed clause deleted.
9) Loading berths. Rider clause added, printed clause deleted.
11) Loading orders. Clause amended. Reference to bags and shifting boards deleted (see also additional comments Item 6 below).
13) Rate of loading and demurrage. Rider clause added, printed clause deleted.
14) Extra work. Rider clause added, printed clause deleted.
16) Despatch money. Rider clause added, printed clause deleted.
18) Stevedores. Rider clause added stating cargo to be loaded and discharged free of expense to the vessel. Printed clause deleted.
20) Freight payable. Clause amended, printed clause deleted.
22) Orders for port of discharge. Rider clause added, printed clause deleted.
25) Time for discharging. Rider clause added, printed clause deleted.
26) Insufficient water at discharging port. Rider clause added, printed clause deleted.
31) General average. Clause amended.
33) Clearance at loading port. Rider clause added, printed clause deleted.
35) Discount. Clause maintained, adjusted or deleted.
37) Brokerage. Clause maintained, adjusted or deleted.
c) CLAUSES NORMALLY DELETED:
6) Other cargoes.
7) Option of other loading ports (see also clause 3)
15) Time not to count.
23) Final orders.
24) Tillbury docks and Avonmouth.
d) CLAUSES NOT CONTEMPLATED IN THE CENTROCON CP AND USUALLY ADDED AS RIDER CLAUSES:
1) Notice of Readiness presentation clause WIBON, WIPON, WIFPON, WICCON.
2) Not always afloat but safely aground (NAABSA) clause.
3) Necochea swell clause.
4) Congestion clause re vessel being detained by Coastguard authority at
c). Zone or Recalada due congestion at up-river loading ports.
5) Inspection of hatches prior to loading clause.
6) Cargo separation clause.
7) Cargo fumigation clause.
8) Overtime clause.
9) Use of ship’s gear and winchmen (see item f below).
10) Clause re vessels insurance.
11) Clause re extra insurance on cargo due to vessels age.
12) Clause re taxes, dues, etc. levied on cargo (charterers).
Clause re taxes, dues, etc. levied on vessel (owners).
Clause re Argentine freight tax (owners, if applicable).
13) P&I bunkering clause.
14) War risk clauses (CSUK).
15) Clause stipulating CP subject to Hague-Visby rules.
16) Cesser clause.
17) New Jason clause.
18) New “both to blame” collision clause.
19) General paramount clause.
e) ADDITIONAL COMMENTS:
Arbitration clause: CP’s should be signed abroad in order to avoid arbitration according to Argentine law in Argentine courts.
NOTICE OF READINESS: This must be presented immediately on arrival.
a) On berthing if the berth is free.
b) From the roads if the berth is not free.
c) From Zona Común, Recalada or elsewhere if detained by Coastguard authority or otherwise prevented from proceeding on passage to the loading port. If in any doubt, the notice should be presented. Should the vessel be detained the steaming time from the place of detention to the loading port is not counted as laytime.
d) Bills of lading. Should shippers present only one B/L for the entire cargo, then the names of the actual loading ports should be recorded on the bill, together with the date of completion of loading at the last port.
e) Vessels loading grain are required to appoint a Head Tally Clerk who acts as a liaison between the Master and the Shippers during loading. Unless otherwise specified, the clerk is considered as being for Owners account.
f) Winchmen. The charter party makes no reference to winchmen, and a clause should be inserted stating that winchmen, if used, are for charterers account both at loading and discharge ports or vessels cranes to be at Charterers disposal at load and discharge ports. Vessel’s crew to drive winches/cranes if so permitted by local regulations, otherwise winchmen/craneman to be provided by Charterers at their cost.
g) Loading port orders. When a vessel is fixed with charterers option to load within the full range of Argentine ports, it is advisable to insert Orders for first loading port shall be given within 48 hours of receipt of written or telegraphic applications by the Master or vessels Agents in Buenos Aires to Charterers or their Agents in Buenos Aires, such application to be made 96 hours before vessel is due to pass off Maldonado (or equivalent), otherwise all time lost to vessel through awaiting orders shall be reckoned as loading time, or in the event of the charter being cancelled, paid for at the stipulated demurrage rate. Should the vessel already be discharging at an Argentine port, orders, for first loading port or place shall be given within 24 hours after receipt of written application by the Master or vessels Agents to Charterers or their Agents in Buenos Aires, such application to be made 48 hours before expected completion of discharge. The words in the standard form ‘free pratique’ should be replaced by the words ‘Notice of arrival by any suitable means’.
h) Agency fee. It is usual to add a clause to the effect that Agency fees at the loading port shall be as per the ruling tariff.
i) Stamp tax. Charter parties signed locally are subject to a Stamp Tax.