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11 Maintenance Clause

Time Charters


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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