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.