Bimco plans idling clause

Bimco is developing a new standard clause to deal with the removal of marine growth caused by ships lying idle for an extended period.

The new Bimco clause will try to determine who should pay for hull cleaning

“We are aware that there is an increase in vessels ‘awaiting orders’ under time charters and in some cases this has led to vessels idling for several weeks,” Bimco’s Chief Officer Legal and Contractual Affairs Grant Hunter tells TradeWinds.

Bimco says these circumstances have triggered an increase in disputes relating to underperformance of the vessel and overconsumption of bunkers caused by the vessel’s bottom being fouled.

It argues that these disputes "could have been avoided" if owners and charterers had agreed beforehand on how to deal with bottom fouling and cleaning after prolonged idling on charterers’ orders.

“What we have observed is that if ships are ordered to idle in tropical waters for periods in excess of about 15 days then the chances of excessive marine growth affecting the vessel’s performance are high,” says Hunter.

“Rates of marine growth outside the tropical zones are much slower, so we are looking at periods in excess of 30 days – and our clause covers that too.”

“There will of course be a number of other factors at place such as type of marine coating and its efficiency as well as environmental factors such as temperature.”

Hunter admits that it’s not so much a “new problem” as one that has “simply not been properly addressed in charter parties before.”

The clause will address bottom fouling issues under a time charter party, in particular who arranges and pays for inspection of the vessel’s underwater parts and subsequent cleaning, if necessary.

The drafting group will also consider potential responsibilities if the vessel’s anti-fouling system is damaged as a result of the bottom being cleaned; off-hire, including cleaning of the hull fouled under a previous charter party; and appropriate damages/compensation to owners if the vessel is redelivered without being cleaned.

The specialist Working Group, appointed to undertake the task of developing this clause, recently met in London to begin the drafting work.

The group includes representatives from German owner Reederei F Laeisz, Cargill, the UK Chamber of Shipping and PPG Protective & Marine Coatings.

Bimco said it expects that a first draft will be ready to be reviewed by the association’s Documentary Committee in April 2012.

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