Shipowners Club has published a detailed comparison of WINDTIME and SUPPLYTIME.
In 2013 BIMCO issued their standard time Charterparty form, WINDTIME, which was designed for the purpose of transferring wind farm personnel and equipment to and from offshore wind farm installations. Although the WINDTIME form was modelled on SUPPLYTIME 2005, many of the adjustments that were made for WINDTIME were later incorporated into SUPPLYTIME 2017. In some ways, therefore, WINDTIME is more closely aligned with SUPPLYTIME 2017.
Some of the changes made to WINDTIME reflect the nature of operations and bring the form in line with its intended use, for example the removal of cargo-specific clauses.
WINDTIME is a contract tailored to the offshore wind service industry. Changes such as the addition of a working day and the removal of references to cargo were intended to avoid the need for extensive alterations of more general supply boat forms.
However, SUPPLYTIME 2017 contains some significant improvements to specific clauses that WINDTIME and SUPPLYTIME have in common. It also contains a purer knock-for-knock, which makes it more attractive, providing greater clarity on the scope of liabilities, the Club said.
In the years since WINDTIME was drafted, BIMCO has also released several standard clauses which are now included in the SUPPLYTIME 2017 form. Some other clauses have also been significantly updated in SUPPLYTIME 2017.
Shipowners Club concluded that many Members operating in the offshore wind industry would no doubt consider that they would be best served through the use of a WINDTIME form with adaptations to incorporate some of the latest BIMCO standard clauses and certain SUPPLYTIME 2017 revisions.
The Club recommended that any amendments to standard form contracts are reviewed carefully to ensure they are cohesive with the remainder of the form into which they are placed, and legal advice should be sought where appropriate.
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