Idling and marine growth addressed in new clause

30.01.12

A new standard clause to deal with removal of marine growth caused by vessels lying idle over a prolonged period is currently being developed by BIMCO. The aim is to draft a clause that makes a fair apportionment of costs and responsibilities in the event a vessel spends a disproportionate amount of time idle while awaiting charterers’ orders.

Over the past years vessels have been prone to encounter longer periods of inactivity, partly as a consequence of a decrease in goods to be transported as well as the current over-supply of trading vessels. These circumstances have triggered an increase in disputes relating to underperformance of the vessel and overconsumption of bunkers caused by the vessel’s bottom being fouled – disputes that could have been avoided if owners and charterers had agreed beforehand on how to deal with bottom fouling and cleaning following prolonged idling on charterers’ orders.

The clause will address bottom fouling issues under a time charter party, in particular who arranges and pays for inspection of the vessel’s underwater parts and subsequent cleaning, if necessary. The drafting group will also consider potential responsibilities if the vessel’s anti-fouling system is damaged as a result of the bottom being cleaned; off-hire, including cleaning of the hull fouled under a previous charter party; and appropriate damages/compensation to owners if the vessel is redelivered without being cleaned.

The specialist Working Group, appointed to undertake the task of developing this clause, met in London recently to begin the drafting work. The group includes representatives from F. Laeisz, Cargill, the Chamber of Shipping of the UK and Marine Coatings. It is expected that a first draft will be ready to be reviewed by BIMCO’s Documentary Committee in April 2012.

Source: BIMCO