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CHARTER PARTIES
GENCON – Clause 17
War Risks (Voywar 1993)
CLAUSE 17
17. War Risks ("Voywar 1993") |
247 | ||
| (1) | For the purpose of this Clause, the words: | 248 | |
| (a) The "Owners" shall include the Ship Owners, bareboat charterers, | 249 | ||
| disponent owners, managers or other operators who are charged with the | 250 | ||
| management of the Vessel, and the Master; and | 251 | ||
| (b) "War Risks" shall include any war (whether actual or threatened), act of | 252 | ||
| war, civil war, hostilities, revolution, rebellion, civil commotion, warlike | 253 | ||
| operations, the laying of mines (whether actual or reported), acts of piracy, | 254 | ||
| acts of terrorists, acts of hostility or malicious damage, blockades | 255 | ||
| (whether imposed against all Vessels or imposed selectively against | 256 | ||
| Vessels of certain flags or ownership, or against certain cargoes or crews | 257 | ||
| or otherwise howsoever), by any person, body, terrorist or political group, | 258 | ||
| or the Government of any state whatsoever, which, in the reasonable | 259 | ||
| judgement of the Master and/or the Owners, may be dangerous or are | 260 | ||
| likely to be or to become dangerous to the Vessel, her cargo, crew or other | 261 | ||
| persons on board the Vessel. | 262 | ||
| (2) | If at any time before the Vessel commences loading, it appears that, in the | 263 | |
| reasonable judgement of the Master and/or the Owners, performance of | 264 | ||
| the Contract of Carriage, or any part of it, may expose, or is likely to expose, | 265 | ||
| the Vessel, her cargo, crew or other persons on board the Vessel to War | 266 | ||
| Risks, the Owners may give notice to the Charterers cancelling this | 267 | ||
| Contract of Carriage, or may refuse to perform such part of it as may | 268 | ||
| expose, or may be likely to expose, the Vessel, her cargo, crew or other | 269 | ||
| persons on board the Vessel to War Risks; provided always that if this | 270 | ||
| Contract of Carriage provides that loading or discharging is to take place | 271 | ||
| within a range of ports, and at the port or ports nominated by the Charterers | 272 | ||
| the Vessel, her cargo, crew, or other persons onboard the Vessel may be | 273 | ||
| exposed, or may be likely to be exposed, to War Risks, the Owners shall | 274 | ||
| first require the Charterers to nominate any other safe port which lies | 275 | ||
| within the range for loading or discharging, and may only cancel this | 276 | ||
| Contract of Carriage if the Charterers shall not have nominated such safe | 277 | ||
| port or ports within 48 hours of receipt of notice of such requirement. | 278 | ||
| (3) | The Owners shall not be required to continue to load cargo for any voyage, | 279 | |
| or to sign Bills of Lading for any port or place, or to proceed or continue on | 280 | ||
| any voyage, or on any part thereof, or to proceed through any canal or | 281 | ||
| waterway, or to proceed to or remain at any port or place whatsoever, | 282 | ||
| where it appears, either after the loading of the cargo commences, or at | 283 | ||
| any stage of the voyage thereafter before the discharge of the cargo is | 284 | ||
| completed, that, in the reasonable judgement of the Master and/or the | 285 | ||
| Owners, the Vessel, her cargo (or any part thereof), crew or other persons | 286 | ||
| on board the Vessel (or any one or more of them) may be, or are likely to be, | 287 | ||
| exposed to War Risks. If it should so appear, the Owners may by notice | 288 | ||
| request the Charterers to nominate a safe port for the discharge of the | 289 | ||
| cargo or any part thereof, and if within 48 hours of the receipt of such | 290 | ||
| notice, the Charterers shall not have nominated such a port, the Owners | 291 | ||
| may discharge the cargo at any safe port of their choice (including the port | 292 | ||
| of loading) in complete fulfilment of the Contract of Carriage. The Owners | 293 | ||
| shall be entitled to recover from the Charterers the extra expenses of such | 294 | ||
| discharge and, if the discharge takes place at any port other than the | 295 | ||
| loading port, to receive the full freight as though the cargo had been | 296 | ||
| carried to the discharging port and if the extra distance exceeds 100 miles, | 297 | ||
| to additional freight which shall be the same percentage of the freight | 298 | ||
| contracted for as the percentage which the extra distance represents to | 299 | ||
| the distance of the normal and customary route, the Owners having a lien | 300 | ||
| on the cargo for such expenses and freight. | 301 | ||
| (4) | If at any stage of the voyage after the loading of the cargo commences, it | 302 | |
| appears that, in the reasonable judgement of the Master and/or the | 303 | ||
| Owners, the Vessel, her cargo, crew or other persons on board the Vessel | 304 | ||
| may be, or are likely to be, exposed to War Risks on any part of the route | 305 | ||
| (including any canal or waterway) which is normally and customarily used | 306 | ||
| in a voyage of the nature contracted for, and there is another longer route | 307 | ||
| to the discharging port, the Owners shall give notice to the Charterers that | 308 | ||
| this route will be taken. In this event the Owners shall be entitled, if the total | 309 | ||
| extra distance exceeds 100 miles, to additional freight which shall be the | 310 | ||
| same percentage of the freight contracted for as the percentage which the | 311 | ||
| extra distance represents to the distance of the normal and customary | 312 | ||
| route. | 313 | ||
| (5) | The Vessel shall have liberty:- | 314 | |
| (a) to comply with all orders, directions, recommendations or advice as to | 315 | ||
| departure, arrival, routes, sailing in convoy, ports of call, stoppages, | 316 | ||
| destinations, discharge of cargo, delivery or in any way whatsoever which | 317 | ||
| are given by the Government of the Nation under whose flag the Vessel | 318 | ||
| sails, or other Government to whose laws the Owners are subject, or any | 319 | ||
| other Government which so requires, or any body or group acting with the | 320 | ||
| power to compel compliance with their orders or directions; | 321 | ||
| (b) to comply with the orders, directions or recommendations of any war | 322 | ||
| risks underwriters who have the authority to give the same under the terms | 323 | ||
| of the war risks insurance; | 324 | ||
| (c) to comply with the terms of any resolution of the Security Council of the | 325 | ||
| United Nations, any directives of the European Community, the effective | 326 | ||
| orders of any other Supranational body which has the right to issue and | 327 | ||
| give the same, and with national laws aimed at enforcing the same to which | 328 | ||
| the Owners are subject, and to obey the orders and directions of those who | 329 | ||
| are charged with their enforcement; | 330 | ||
| (d) to discharge at any other port any cargo or part thereof which may | 331 | ||
| render the Vessel liable to confiscation as a contraband carrier; | 332 | ||
| (e) to call at any other port to change the crew or any part thereof or other | 333 | ||
| persons on board the Vessel when there is reason to believe that they may | 334 | ||
| be subject to internment, imprisonment or other sanctions; | 335 | ||
| (f) where cargo has not been loaded or has been discharged by the | 336 | ||
| Owners under any provisions of this Clause, to load other cargo for the | 337 | ||
| Owners' own benefit and carry it to any other port or ports whatsoever, | 338 | ||
| whether backwards or forwards or in a contrary direction to the ordinary or | 339 | ||
| customary route. | 340 | ||
| (6) | If in compliance with any of the provisions of sub-clauses (2) to (5) of this | 341 | |
| Clause anything is done or not done, such shall not be deemed to be a | 342 | ||
| deviation, but shall be considered as due fulfilment of the Contract of | 343 | ||
| Carriage. | 344 | ||
Clause 17 of the GENCON incorporates the Voywar 1993 War Risks Clause which has been revised and modernised.
Paragraph (1) gives a number of definitions, including the definition of “War Risks”. This definition has been largely emphasized taking into account modern ways of war, interventions and possible actions. War Risks doesn’t include actual war or military operations but also war threats, belligerent events, etc.
This clause also stipulates in detail what the master and/or the Owner may do in case the ship, the crew (or other person on board) or the cargo are exposed to war risks.
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