Voyage Charters

Page 885

Chapter 28


Association of Ship Brokers & Agents (U.S.A.). Inc. October 1977 CODE WORD FOR THIS CHARTER PARTY ASBATANKVOY TANKER VOYAGE CHARTER PARTY PREAMBLE ____________ ___________ Place Date IT IS THIS DAY AGREED between ______________________________________________________________ chartered owner/owner (hereinafter called the “Owner”) of the ____________________________________________ SS/MS ______________________________________________________________ (hereinafter called the “Vessel”) and ______________________________________________________________ (hereinafter called the “Charterer”) that the transportation herein provided for will be performed subject to the terms and conditions of this Charter Party, which includes this Preamble and Part I and Part II. In the event of a conflict, the provisions of Part I will prevail over those contained in Part II.

Origin and layout of the charter

28.1 The Asbatankvoy charterparty was formerly known as the Exxonvoy 1969. When the latter was withdrawn in 1977, the Association of Ship Brokers and Agents (USA) Inc. reissued it under the name Asbatankvoy but otherwise in identical terms. Decisions arrived at under the Exxonvoy 1969 form are therefore directly applicable to the Asbatankvoy. 28.2 The charterparty printed form consists of a Preamble, Part I and Part II. Part II contains the standard printed clauses, and Part I, which the parties must complete by inserting such matters as loading and discharging ports, cargo and freight rates, is specifically expressed in the Preamble to prevail over Part II in the event of conflict. Special typed clauses agreed by the parties are also included in Part I.

Formation of the charter

28.3 See .

Parties to the charter

28.4 See .

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“Chartered owner/owner”

28.5 The Asbatankvoy form, unlike the Gencon, expressly recognises that the “owner” may be a chartered owner. Thus, the commentary at paragraphs 3.13–3.14 is not directly relevant to the Asbatankvoy charter, unless the words “Chartered Owner” are struck out. It does not specify the type of “chartered owner”. It would clearly include a demise charterer and it would probably include a time-charterer, at least if the timecharter gives it the capacity of performing the owner’s obligations under the voyage charter. It is less clear whether the “owner” is merely in the position by virtue of being a voyage charterer.

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