Liability for US Chinese Nexus
14 April 2025
Fees Clause
- Notwithstanding any other provision of this charterparty the Charterers shall pay any tariffs, service fees or other fees, charges, penalties, dues (whether port or otherwise) or taxes in any form whatsoever on cargo and/or freight and/or demurrage and/or hire and/or profits and/or the Vessel (whether for entering or leaving a port or area, or on any other basis) (‘Fees’) that are imposed on the Vessel and/or the Owner and/or the Vessel’s manager should Charterers’ order the Vessel to call at ports or areas of the United States of America (including any of its overseas territories and possessions) (‘the US’) for any purpose whatsoever by reason of (i) the Owners or their commercial partners having actual or prospective order(s) for Chinese built vessel(s) and/or (ii) either the Vessel (or any parts of the Vessel) or other vessels within the same fleet or under the same ultimate ownership having been constructed in China or (iii) the Owner and/or the Vessel and/or the Vessel’s managers and/or the Charterers being associated with a Chinese operator or in some other way being deemed to have a nexus with China (together a ‘Chinese Nexus’) and Charterers shall promptly and directly discharge such liability by making payment as required and in full on demand to the US authorities or, if it is not to be paid during the US call/s, as otherwise directed by Owners and shall indemnify the Owner against any claims in relation to the Fees whether or not the Owner was the party on whom the Fees were originally levied;
- Any and all delays, time lost, losses, damages, expenses, legal and/or other costs etc arising under this Charterparty and/or any bill/s of lading issued thereto, arising out of the Fees or actions taken by the US state, federal port or other authorities as a result of the Vessel entering or leaving a port or area by virtue of the Vessel and/or the Owner and/or the Vessel’s manager and/or the Charterers having an actual or alleged Chinese Nexus shall be solely for Charterers’ account, and Charterers shall indemnify, defend and hold harmless Owners and/or the Vessel for any and all such consequences whatsoever and howsoever arising including without limitation providing security if required by the Owners.
Members can click here for a commentary/explanatory notes on the above clause.
[Rev.1 - 14 April 2025]
