CHARTER PARTIES

GENCON – Clause 16

General Strike Clause

CLAUSE 16

16. General Strike Clause	217
(a) If there is a strike or lock-out affecting or preventing the actual loading of the	218
cargo, or any part of it, when the Vessel is ready to proceed from her last port or	219
at any time during the voyage to the port or ports of loading or after her arrival	220
there, the Master or the Owners may ask the Charterers to declare, that they	221
agree to reckon the laydays as if there were no strike or lock-out. Unless the	222
Charterers have given such declaration in writing (by telegram, if necessary)	223
within 24 hours, the Owners shall have the option of cancelling this Charter	224
Party. If part cargo has already been loaded, the Owners must proceed with	225
same, (freight payable on loaded quantity only) having liberty to complete with	226
other cargo on the way for their own account.	227
(b) If there is a strike or lock-out affecting or preventing the actual discharging	228
of the cargo on or after the Vessel's arrival at or off port of discharge and same	229
has not been settled within 48 hours, the Charterers shall have the option of	230
keeping the Vessel waiting until such strike or lock-out is at an end against	231
paying half demurrage after expiration of the time provided for discharging	232
until the strike or lock-out terminates and thereafter full demurrage shall be	233
payable until the completion of discharging, or of ordering the Vessel to a safe	234
port where she can safely discharge without risk of being detained by strike or	235
lock-out. Such orders to be given within 48 hours after the Master or the	236
Owners have given notice to the Charterers of the strike or lock-out affecting	237
the discharge. On delivery of the cargo at such port, all conditions of this	238
Charter Party and of the Bill of Lading shall apply and the Vessel shall receive	239
the same freight as if she had discharged at the original port of destination,	240
except that if the distance to the substituted port exceeds 100 nautical miles,	241
the freight on the cargo delivered at the substituted port to be increased in	242
proportion.	243
(c) Except for the obligations described above, neither the Charterers nor the	244
Owners shall be responsible for the consequences of any strikes or lock-outs	245
preventing or affecting the actual loading or discharging of the cargo.	246

Port of Loading

In the port of loading, the Charterer must give, within the 24 hours to the master or the Ship Owner a written declaration that the time lost through the strike or lock-out will be reckoned as laydays, otherwise the Owner will have the right to cancel the contract of affreightment.

If a part of the cargo is already on board then the Owner must leave with same. Freight is only due on the loaded quantity, but the Ship Owner has the right to complete with other cargo on the way for his own account.

Port of Discharge

In the port of discharge the receivers of the goods can keep the vessel waiting until the strike or lock-out is terminated against payment of half the demurrage to count after expiration of the laytime, or order the ship to a safe port. In both cases this must be confirmed within the 48 hours, after the master or the Ship Owner has informed the Charterer of the strike or lock-out. All terms and conditions of the charter party or bills of lading remain valid, unless the new discharging port exceeds more than 100 miles, in which case the freight will be increased proportionally.

According to Paragraph (c), the strike or the lock-out must only affect or prevent the actual loading or discharging of the cargo.

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