Circular 7/16:Draft charterparty clause promoting the use of the Inter-Club New York Produce Exchange Agreement 1996 (as amended September 2011)


OUTLINE

  • The International Group recommends that the 2011 Inter-Club Agreement should be applied to all NYPE/Asbatime charterparties. The Group has therefore drafted a charterparty clause to promote the application and incorporation of the 2011 Agreement into all NYPE/Asbatime charterparties.


TO THE MEMBERS

Draft charterparty clause promoting the use of the Inter-Club New York Produce Exchange Agreement 1996 (as amended September 2011)

The Inter-Club New York Produce Exchange Agreement 1996 (as amended September 2011) (“the 2011 Agreement”) provides a mechanism whereby liability for cargo claims arising under the New York Produce Exchange Form (NYPE) or Asbatime charterparties and/or contracts of carriage authorised under such charterparties can be swiftly and fairly apportioned between owners and charterers.

The International Group recommends that the 2011 Agreement should be applied to all NYPE/Asbatime charterparties and claims arising under such charterparties whenever entered into and whether or not they incorporate the 2011Agreement or any other version of the Inter-Club NewYork Produce ExchangeAgreement.

In order to further promote the application and incorporation of the 2011 Agreement into all NYPE/Asbatime charterparties, the Group has drafted a charterparty clause which provides as follows:


“Cargo claims
Cargo claims as between Owners and the Charterers shall be settled in accordance with the Inter-Club New York Produce Exchange Agreement 1996 (as amended 2011), or any subsequent modification or replacement thereof. This clause shall take precedence over any other clause or clauses in this charterparty purporting to incorporate any other version of the Inter-Club New York Produce Exchange Agreement into this charterparty”.

The NYPE 2015 charterparty contains a similar clause,which also promotes application and use of the 2011 Agreement and is equally acceptable.


All Clubs have issued a similar circular.


Yours faithfully,

THE MANAGERS

For more information:
Members requiring further information should contact Alan Speed (Email: alan.speed@thomasmiller.com) or
their usual club contact.

Industry developments

Polar Shipping

Legal, navigational and environmental resources, news and updates on the development of polar shipping. Read more


US VRP Compliance

With effect from 30th January 2014 non-tank as well as tankships calling at US ports will be required to submit VRPs.  For Club and other resources to assist in compliance click here


International Environmental compliance

Environmental Compliance resource page collates material in respect of International environmental compliance issues affecting our Members. Information from the Club, Loss Prevention and external resources has been collated in one place for ease of reference.


MLC 2006

The Maritime Labour Convention enters into force in August 2013 - resources, news & advice on implementation can be found in this dedicated section.  READ MORE


International sanctions

Recent guidance & corresponding material in respect of international sanctions against various countries has been updated with respect to temporary easing of sanctions against Iran.  READ MORE


Piracy

Essential precautions and preparation against piracy, as well as additional information and resources, loss prevention advisories and useful external web links


Emergency Contacts


If you need to call our offices out of hours and at weekends, click After Office hours for a up to date list of the names of the Duty Executives and their mobile phone numbers. 

Ship Finder


This Ship Finder is updated on a daily basis. Members who need to advise the Club of updates to their recorded ships' details should advise their usual underwriting contact.