BPVOY5 which is designed for use by BP as charterers came into force on 21 March 2016. The main changes from BPVOY 4 are:
- an onerous compliance clause in cl 2.2 obliging owners to “comply with all applicable requirements stipulated in respect of zones and/or areas regulated by regional and/or national and/or international authorities.”
- Clause 9 cuts back any safe port warranty by providing “Charterers do not, in any part of this charter or otherwise howsoever, warrant the safety of any port unless Charterers fail to exercise due diligence to ascertain the vessel can lie safely afloat.” The clause also provides that “Where the Vessel has to (a) take additional measures to keep her safely alongside and/or (b) has to move from a particular location within the port, Charterers will reimburse 50% of additional costs directly incurred by the Owners. If the Vessel has to move from a particular location within the port, Charters will reimburse 50% of the cost of bunkers consumed in shifting from that location and back to any other location.”
To the list of scenarios in cl. 11(4) that count as one half laytime or demurrage is added:
“closure of, or any restriction of operation at, any port of terminal by order of any local authority”, and all delays are now qualified so that they only count as half laytime or demurrage if the delay could not have reasonably have been prevented by charterers or owners
- Under cl.13 ship to shore transfers are now expressly permitted and Charterers are to provide and pay for all necessary equipment and may at their expense engage supervisors to attend on board the vessel, including a mooring master, to assist the STS Operation.
- A new exception to laytime and demurrage appears in cl. 15(2). If tanks are inspected and rejected, time used for gas-freeing shall not count towards laytime or demurrage, and laytime or demurrage shall not commence or recommence, until such tanks have been re-inspected, approved by Charterers’ inspector, and re-inerted. Charterers shall reimburse Owners for bunkers consumed for gas-freeing/re-inerting.
- Under cl. 26 charterers are permitted to order the Vessel to discharge and backload a full or part cargo, with freight to be calculated in accordance with Worldscale for the whole voyage, and all time used in backloading to count as laytime or demurrage, with charterers reimbursing additional port costs and bunkers.
- Clause 27 provides for a virtual arrival scheme whereby charterers may instruct owners to proceed at a set speed, such that the vessel will reach the discharge port at a particular date and time. Extra passage time is to count as laytime and demurrage.
- Clause 30 allows for electronic Bills of Lading to be transmitted using the ESS-Databridge, as an eDoc.
- Clause 31 provides for blending and commingling. Charterers warrant that any cargoes to be blended shall be stable and compatible and no precipitation of solid deposits in cargo tanks, pipes, pumps or valves will occur;
Charterers shall return to Owners for cancellation all three Bills of Lading issued in respect of the cargoes being blended and Owners will issue replacement Bills of Lading stating the place and date that the blending took place and the nature of the original cargo, the original quantity, and the date and place of loading.
Charterers will be deemed to indemnify Owners against any liability, loss, damage of expense arising out of the blending, commingling and additives, but not if the damage or expense could have been avoided by the exercise of due diligence.
Charterers’ liability is limited to no more than twice the CIF value of the cargo at the discharge port on completion of the discharge. Owners have three years from disconnection of the hoses at discharge port within which to issue a written notice of a claim.
Clause 59 allows charterers to carry up to 15 drums of cargo additive. Time used to load or discharge such drums shall count as laytime or demurrage, unless it happens concurrently with loading or discharging of the cargo.
- Under cl. 42 owners warrant that the vessel is entered in the Tanker Oil Pollution Indemnification Agreement 2006.