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11 Maintenance Clause

Time Charters

11 Maintenance Clause Maintenance Clause “36. 1. That the Owners shall provide and pay for all provisions, wages and consular shipping and discharging fees of the Crew; shall pay for the 37. insurance of the vessel, also for all the cabin, deck, engine-room and other necessary stores, including boiler water and maintain her class and keep 38. the vessel in a thoroughly efficient state in hull, machinery and equipment for and during the service.” 11.1 Clause 1 of the New York Produce form sets out the owners’ principal obligations with respect to the running and upkeep of the ship during the charter period. Clause 6 of the NYPE 1993 form contains the same obligations, though it also adds an express obligation on the owners to maintain “a full complement of officers and crew”: see Clause 6, Lines 78 to 82. Clause 3 of the Baltime form contains substantially the same obligations. Where, as is common, the charter incorporates the Hague or Hague-Visby Rules, those rules will also impose on the owners a duty to exercise due diligence to make the ship seaworthy before and at the beginning of each voyage performed under the charter: see paragraphs 11.15 and 34.13 , below.

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