Changes to Gencon 1976 are shown by underlining.
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 partie 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.
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 acknowledgment of liability.
The Charterers are obliged to repair any stevedore damage prior to completio 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.
Under Gencon 1976 there are two alternatives: gross terms under which loading, stowage and discharging is carried out by the owners with the charterer responsible for bringing and receiving the cargo alongside; and f.i.o. and free stowed/trimmed under which the charterer is responsible for loading, stowage and discharging. Under Gencon 1994 the gross terms alternative has been removed, reflecting the practice that fixtures on the Gencon form are normally on f.i.o.s. terms.
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