West of England has informed members that BIMCO’s Hull Fouling Clause for Time Charter Parties, first developed in 2013 to transfer hull cleaning obligations to charterers in certain circumstances, had been revised in 2019 to address feedback on the use of the clause and to improve clarity.
A number of amendments were made, amongst which perhaps the most important was subclause (a) which was amended with additional words to clarify that the ship could remain not only within a port or alongside a berth, but also at any “place” including waiting areas outside port limits.
The revised wording also now excluded any “shifting” of the ship during the waiting period that was not of sufficient speed and duration to remove any fouling that had happened during the wait. This meant that allowing the ship to sail around the harbour or immediate vicinity for just a few hours at a reduced speed would not be enough to “reset” the clock for the suspension of the performance warranty.
The wording in subclause (a) was expanded to clarify that it was the speed and duration of a sea passage and its effect on the removal of marine growth that will impact on the counting of aggregate waiting time.
BIMCO revises Hull Fouling Clause for Time Charter Parties fhttps://www.westpandi.com/Publications/News/new-hull-fouling-clause-2019/