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INTERTANKO Time Charter Hull Fouling Clause
6 May 2020
INTERTANKO Time Charter Hull Fouling Clause
1. If, as a result of Charterers’ orders, the vessel remains at or shifts within one place for longer than a single period not to exceed XXX continuous days or a cumulative period of YYY days **, Owners may arrange, at Charterers’ expense, a diver’s inspection (with video photography, if possible) of the vessel’s underwater parts to evidence the condition of the vessel’s hull at that time. Owners and Charterers agree to be bound by the findings of the diver’s inspection. If, following the diver’s inspection, hull growth is found any cleaning/scrubbing shall be undertaken by Charterers at their risk, cost and time. All cleaning shall be subject to Owners’ approval of the cleaning process/equipment to be used, such approval not to be unreasonably withheld, and under the supervision and satisfaction of the Master.
**{if no period is agreed the default single period shall be 18 days, and the cumulative period shall be 60 days}
2. If, cleaning/scrubbing as required under sub-clause 1 above is not possible, permitted, or Charterers choose to postpone cleaning/scrubbing, the speed and consumption warranties shall be suspended until such cleaning/scrubbing as required has been performed. However, if Owners, despite availability of suitable cleaning/scrubbing facilities at the port or place, delay or refuse to allow the cleaning/scrubbing of the hull, the speed and consumption warranties shall remain in effect.
3. Notwithstanding sub-clause 1, hull cleaning/scrubbing pursuant to this clause shall be carried out prior to redelivery. If hull cleaning services are not available at any port or place within the trading range of the Vessel prior to redelivery, or Owners elect to not clean/scrub at the port of redelivery, Charterers agree to pay Owners a lumpsum amount of USD XXXXXX***, being the estimated costs and expenses payable by Charterers pursuant to this clause, and Owners agree to waive any rights under this clause.
***{if no sum is agreed the default sum shall be USD 50,000}.
Time Charter Hull Fouling Clause - Alternative short form
If during this charterparty, the Vessel remains at or shifts within one place for longer than XXX days (the Idle Period’} Charterers agree to pay Owners a lumpsum amount of USD XXXXXX***, being the estimated costs and expenses of hull cleaning/scrubbing on redelivery.
**{if no period is agreed the default period shall be 18 days}
***{if no sum is agreed the default sum shall be USD 50,000}
Once the Idle Period exceeds YYY days, the speed and consumption warranties shall be suspended.