BIMCO Gulf of Mexico Oil Spill Clause for Voyage Charter Parties
(a) Without prejudice to the terms of this Charter Party, if the Charterers order the Vessel to proceed to any port or place named in the Charter Party/nominated by the Charterers that is affected by the oil spill from the “Deepwater Horizon” incident, or if the Vessel will have to pass through an area which is affected by the said oil spill in order to reach or depart from the named or nominated port or place, the following terms shall apply:
(b) If the Vessel 's passage or operations are delayed or if the Owners incur extra costs as a result of the oil spill or passing through an area referred to in Sub-clause (a), any additional time and/or expense including, but not limited to, additional bunkers, hull cleaning and/or USCG/Port authorities mandated transit restrictions, shall be for the Charterers’ account.
(c) Any requirement of USCG/Port authorities for the Vessel’s hull to be assessed for pollution contamination and, if required, for the hull to be decontaminated, shall not prejudice the Master’s/Owners’ right to tender Notice of Readiness on arrival at or off the named or nominated port or place. Time used complying with such operational requirements shall count as laytime or, if the Vessel is on demurrage, as demurrage.
(d) Any additional time incurred shall be paid by the Charterers to the Owners at a rate equivalent to the Charter Party demurrage rate.
(e) The Charterers shall indemnify the Owners against any and all claims whatsoever brought by the owners of the cargo and/or the holders of bills of lading against the Owners by reason of such delay.
Source: BIMCO
Published: May 2010
BIMCO Gulf of Mexico Oil Spill Clause for Voyage Charter Parties - Commentary
Suitable for
Voyage charterparties
Purpose
This Clause was issued by BIMCO in response to concern by shipowners about the consequences of delay resulting from response operations and pollution in the aftermath of the Deepwater Horizon incident on 22 April 2010.
In short, the purpose of the Clause is to enable owners to recover from charterers for time lost (to be paid at the demurrage rate) and additional costs. Owners are also able to tender a valid NOR and start time running notwithstanding that the vessel needs to be inspected or cleaned on arrival.