CHARTER PARTIES

GENCON – Clause 18

General Ice Clause

CLAUSE 18

18. General Ice Clause	345
Port of loading	346
(a) In the event of the loading port being inaccessible by reason of ice when the	347
Vessel is ready to proceed from her last port or at any time during the voyage or	348
on the Vessel's arrival or in case frost sets in after the Vessel's arrival, the	349
Master for fear of being frozen in is at liberty to leave without cargo, and this	350
Charter Party shall be null and void.	351
(b) If during loading the Master, for fear of the Vessel being frozen in, deems it	352
advisable to leave, he has liberty to do so with what cargo he has on board and	353
to proceed to any other port or ports with option of completing cargo for the	354
Owners' benefit for any port or ports including port of discharge. Any part	355
cargo thus loaded under this Charter Party to be forwarded to destination at the	356
Vessel's expense but against payment of freight, provided that no extra	357
expenses be thereby caused to the Charterers, freight being paid on quantity	358
delivered (in proportion if lumpsum), all other conditions as per this Charter	359
Party.	360
(c) In case of more than one loading port, and if one or more of the ports are	361
closed by ice, the Master or the Owners to be at liberty either to load the part	362
cargo at the open port and fill up elsewhere for their own account as under	363
section (b) or to declare the Charter Party null and void unless the Charterers	364
agree to load full cargo at the open port.	365

Port of discharge	366
(a) Should ice prevent the Vessel from reaching port of discharge the	367
Charterers shall have the option of keeping the Vessel waiting until the re-	368
opening of navigation and paying demurrage or of ordering the Vessel to a safe	369
and immediately accessible port where she can safely discharge without risk of	370
detention by ice. Such orders to be given within 48 hours after the Master or the	371
Owners have given notice to the Charterers of the impossibility of reaching port	372
of destination.	373
(b) If during discharging the Master for fear of the Vessel being frozen in deems	374
it advisable to leave, he has liberty to do so with what cargo he has on board and	375
to proceed to the nearest accessible port where she can safely discharge.	376
(c) On delivery of the cargo at such port, all conditions of the Bill of Lading shall	377
apply and the Vessel shall receive the same freight as if she had discharged at	378
the original port of destination, except that if the distance of the substituted port	379
exceeds 100 nautical miles, the freight on the cargo delivered at the substituted	380
port to be increased in proportion.	381

Port of Loading

If the port of loading is inaccessible by reason of ice or if there is a fear of the vessel being frozen in, the master may leave the harbour without cargo and the charter party shall be cancelled. If goods have already been loaded, the ship is at liberty to leave and to load cargo in an other port for the Owners’ benefit.

Port of Discharge

If, due to ice, the ship is unable to enter the port of discharge, the charterers may keep the ship waiting and pay demurrage, or they may order the vessel to another immediately accessible port, where she can safely discharge. Such orders must be given 48 hours after the master or the Owner has given notice to the Charterers of the impossibility of reaching the port of destination.

If the master fears that the ship will be frozen in during discharging, he may leave the harbour with what cargo he still has on board and proceed to another accessible port where she can safely discharge. If the harbour is further than 100 miles, the freight can be increased in proportion.

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