Shipman2009

SHIPMAN 2009 – EXPLANATORY NOTES 1 Comparison between SHIPMAN 2009 and SHIPMAN 98 The following table sets out a comparison between the text of SHIPMAN 2009 and SHIPMAN 98. The clauses of each agreement are laid out side by side to indicate where provisions from SHIPMAN 98 have been moved as part of the re-structuring of the agreement in SHIPMAN 2009. Notes accompany each clause explaining the reasoning behind any amendments and additions that appear in SHIPMAN 2009. Part I A comparison of the Part I box layout of SHIPMAN is not included as the format of Part I remains largely unchanged from SHIPMAN 98.

However, there are several notable changes to the box layout: Box 5 – this is a new and very important box which the parties must take great care to fill in correctly. It deals with the identity of the “Company” under the agreement for ISM/ISPS purposes. (See item on definitions below). Boxes 10, 11 and 12 – these boxes all deal with insurances under SHIPMAN 2009 and it is essential that users make a careful reading of the agreement to ensure that the proper entries are made in these boxes when optional choices of insurance are made.

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Box 10 deals with crew insurance s; Box 11 with general insurance arrangements under the agreement; and Box 12 provides for the parties to agree on optional additional insurances such as K&R and F, D&D. Part II Sections For ease of reading, the revised SHIPMAN has been divided into five distinct sections each containing a specific “basket” of common provisions. In keeping with this structure the various optional services under SHIPMAN now appear as separate free-standing clauses within the “Services” section – to make it clear to the owners that they may choose any one or more of the management services offered.

The Sections are as follows: Section 1 – Basis of the Agreement Section 2 – Services Section 3 – Obligations Section 4 – Insurance, Budgets, Income, Expenses and Fees Section 5 – Legal, General and Duration of Agreement Copies of this explanatory note are also available to download from BIMCO’s website at www. bimco. org. Electronic editable copies of SHIPMAN 2009 can be obtained by subscribing to BIMCO’s online contract editing system, idea – see the products tab of www. bimco. org for more details. SHIPMAN 2009 – EXPLANATORY NOTES 2 SHIPMAN 2009 SHIPMAN 98 NOTES SECTION 1 – Basis of the Agreement 1. Definitions

In this Agreement save where the context otherwise requires, the following words and expressions shall have the meanings hereby assigned to them: “Company” (with reference to the ISM Code and the ISPS Code) means the organization identified in Box 5 or any replacement organization appointed by the Owners from time to time (see Sub-clauses 9(b)(i) or 9(c)(ii), whichever is applicable). “Crew” means the personnel of the numbers, rank and nationality specified in Annex “B” hereto. “Crew Insurances” means insurance of liabilities in respect of crew risks which shall include but not be limited to death, permanent isability, sickness, injury, repatriation, shipwreck unemployment indemnity and loss of personal effects (see Sub-clause 5(b) (Crew Insurances) and Clause 7 (Insurance Arrangements) and Clause 10 (Insurance Policies) and Boxes 10 and 11). “Crew Support Costs” means all expenses of a general nature which are not particularly 1. Definitions In this Agreement save where the context otherwise requires, the following words and expressions shall have the meanings hereby assigned to them “Owners” means the party identified in Box 2. “Managers” means the party identified in Box 3. “Vessel” means the vessel or vessels details of hich are set out in Annex “A” hereto. “Crew” means the Master, officers and ratings of the numbers, rank and nationality specified in Annex “B”

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Shipman2009. (2016, Nov 27). Retrieved from https://graduateway.com/shipman2009/