金康合同94中英文版

产品购销合同

?

“Gencon” Charter

(As Revised 1922,1976 and 1994)

1.

It is agreed between the party mentioned in Box 3 as the Owners of the Vessel named in Box 5, of the

GT/NT indicated in Box 6 and carrying about the number of metric tons of deadweight capacity all told

on summer loadline stated in Box 7, now in position as stated in Box 8 and expected ready to load under this

Charter Party about the date indicated in Box 9, and the party mentioned as the Charterers in Box 4 that:

The said Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or

place(s) stated in Box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and

complete cargo (if shipment of deck cargo agreed same to be at the Charterers'

risk and responsibility) as stated in

Box 12, which the Charterers bind themselves to ship, and being so loaded the Vessel shall proceed to the

discharging port(s) or place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto as

she may safely get and lie always afloat, and there deliver the cargo.

1

< br>．兹由第

3

栏所列的下述船舶所有人与第

4

栏所指的承租人，双方协议如下：

上述船舶一旦完成前个合同，应驶往第

10

栏所列的装 货港口或地点，或船舶能安全抵达并

始终浮泊的附近地点，装载第

12

栏所列的货物，满舱满载，

（如协议装运甲板货，则由承 租

人承担风险。

）

（承租人应提供所有 垫船用席子和

/

或木料及所需隔板。如经要求，船舶所有

人准许使用船上任何垫舱木料。

）承租人约束自己装运该货，船舶经此 装载后，应驶往第

11

栏所列的，

在签 发提单时指定的卸货港口或地点，

或船舶能安全抵达并始终浮泊的附近地点，

2. Owners'

Responsibility Clause

The Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods only

in case the loss, damage or delay has been caused by personal want of due diligence on the part of the Owners

or their Manager to make the Vessel in all respects seaworthy and to secure that she is properly manned,

equipped and supplied, or by the personal act or default of the Owners or their Manager.

And the Owners are not responsible for loss, damage or delay arising from any other cause whatsoever, even from

the neglect or default of the Master or crew or some other person employed by the Owners on board or ashore

页脚内容

?

产品购销合同

?

for whose acts they would, but for this Clause, be responsible, or from unseaworthiness of the Vessel on loading

or commencement of the voyage or at any time whatsoever.

2.

船舶所有人责任条款

损坏或延迟交付的责任限于造成灭失损坏或延迟 的原因是由于船

舶所有人或其经理人本身未尽谨慎使船舶各方面适航，

< br>并保证适当配备船员，

装备船舶和配

备供应品，

或由于船舶所有人或其经理人本身的行为或不履行职责。

船舶所有人对由 于其他

任何原因造成的货物灭失、

损坏或延迟，

即使是由于船长或船员或船舶所有人雇佣的船上或

岸上人员的疏忽或不履行职责 （如无本条规定，船舶所有人应对他们的行为负责）

，或由于

船 舶在装货或开航当时或其他任何时候不适航所造成的，亦概不负责。

3. Deviation Clause

The Vessel has liberty to call at any port or ports in any order, for any purpose, to sail without pilots, to tow and/or

assist Vessels in all situations, and also to deviate for the purpose of saving life and/or property.

3.

绕航条款

船舶有权为任何目的以任何顺序挂靠任何港口，

有无引航员在船均可航行，

带和

/

或 救助他船，亦可为拯救人命和

/

或财产而绕航。

4. Payment of Freight

(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the intaken quantity of cargo.

(b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be deemed earned and

non-returnable, Vessel and/or cargo lost or not lost.

Neither the Owners nor their agents shall be required to sign or endorse bills of lading showing freight prepaid unless

the freight due to the Owners has actually been paid.

(c) On delivery. If according to Box 13 freight, or part thereof, is payable at destination it shall not be deemed

earned until the cargo is thus delivered. Notwithstanding the provisions under (a), if freight or part thereof is payable

on delivery of the cargo the Charterers shall have the option of paying the freight on delivered weight/quantity

页脚内容

?

产品购销合同

?

provide d such option is declared before breaking bulk and the weight/quantity can be ascertained by official weighing

machine, joint draft survey or tally.

Cash for Vessel'

s

ordinary disbursements at the port of loading to be advanced by the Charterers, if required, at

highest current rate of exchange, subject to two (2) per cent to cover insurance and other expenses.

4.

运费支付

（

a

）

运费应按第

13

栏规定的费率，按所装货物 的数量计算以现金支付。

（

b

）

运费预付。如按第

13

栏规定运费应预付， 则运费视为已挣得，无论船舶

/

货物是否灭

失，不得返还。除非运费已支付给船东，否则船东或其代理无需签发运费预付提单。

（

c

）

运费到付。

如按第

13

栏规定运费或部分运费为到付，

则运费直到货物卸完才视为挣得。

< br>不论（

a

）款如何规定，如运费或部分运费为到付，租家 有权在开舱前选择按卸货重量

/

数量

支 付运费，且该重量

/

数量可由官方计量器或联检或理货确定。如 经要求，承租人应现金垫

付船舶在装货港的经常费用，而按最高兑换率折合并附加

2%

抵偿保险费和其他费用。

5. Loading/Discharging

(a) Costs/Risks

The cargo shall be brought into the holds, loaded, stowed and/or trimmed, tallied, lashed and/or secured and taken

from the holds and discharged by the Charterers, free of any risk, liability and expense whatsoever to the Owners.

The Charterers shall provide and lay all dunnage material as required for the proper stowage and protection of the

cargo on board, the Owners allowing the use of all dunnage available on board. The Charterers shall be responsible

for and pay the cost of removing their dunnage after discharge of the cargo under this Charter Party and time to

count until dunnage has been removed.

(b) Cargo Handling Gear

Unless the Vessel is gearless or unless it has been agreed between the parties that the Vessel'

s

gear shall not be

used and stated as such in Box 15, the Owners shall throughout the duration of loading/discharging give free use

of the Vessel'

s

cargo handling gear and of sufficient motive power to operate all such cargo handling gear. All such

equipment to be in good working order. Unless caused by negligence of the stevedores, time lost by breakdown of

the Vessel'

s

cargo handling gear or motive power - pro rata the total number of cranes/winches required at that time

for the loading/discharging of cargo under this Charter Party - shall not count as laytime or time on demurrage.

页脚内容

?

产品购销合同

?

On request the Owners shall provide free of charge cranemen/winchmen from the crew to operate the Vessel'

s

cargo

handling gear, unless local regulations prohibit this, in which latter event shore labourers shall be for the account of

the Charterers. Cranemen/winchmen shall be under the Charterers'

risk and responsibility and as stevedores to be

deemed as their servants but shall always work under the supervision of the Master.

(c) Stevedore Damage

The Charterers shall be responsible for damage (beyond ordinary wear and tear) to any part of the Vessel caused

by Stevedores. Such damage shall be notified as soon as reasonably possible by the Master to the Charterers

or their agents and to their Stevedores, failing which the Charterers shall not be held responsible. The Master

shall endeavour to obtain the Stevedores'

written acknowledgement of liability.

The Charterers are obliged to repair any stevedore damage prior to completion of the voyage, but must repair

stevedore damage affecting the Vessel'

s

seaworthiness or class before the Vessel sails from the port where such

damage was caused or found. All additional expenses incurred shall be for the account of the Charterers and any

time lost shall be for the account of and shall be paid to the Owners by the Charterers at the demurrage rate.

5.

装卸

（

a

）

费用

/

风险

承租人负责把货物送至舱内，

装船、

积 载和

/

或平舱，

绑扎和

/

或加固，

并从舱内提取和卸货，

船舶所有人不承担任何风险，

责任和费用。

如要求并为保护 所装货物，

承租人应提供并放置

所有垫舱物料，

船东允许在船上使用所有有用的垫料。

承租人根据本租约负责在卸货后移走

所有垫料，并计入装卸时间。

（

b

）

船吊

除非船舶无船吊或双方同意并在 第

15

栏中记载不使用船舶装卸设备，船舶应在整个装