ISPS Clause for Time Charter Parties

条項提供：	松井孝之弁護士（マリタックス法律事務所）
協力：	Darrl Kennard (Solicitor/Partner, Thomas Cooper & Stibbard)

ISPS Clause for Time Charter Parties

(i) From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel and thereafter during the currency of this Charter Party, the Owners shall procure that both the Vessel and "the Company" (as defined by the ISPS Code) shall use their best endeavours to comply with the requirements of the ISPS Code relating to the Vessel and "the Company". Upon request the Owners shall provide a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate or statement of compliance) to the Charterers. The Owners shall provide the Charterers with the full style contact details of the Company Security Officer (CSO).
(ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, solely caused by failure on the part of the Owners or "the Company" to comply with the requirements of the ISPS Code or this Clause shall be for the Owners' account.
(i) The Charterers shall provide the CSO and the Ship Security Officer (SSO)/Master with their full style contact details and, where sub-letting is permitted under the terms of this Charter Party, shall ensure that the contact details of all sub-charterers are likewise provided to the CSO and the SSO/Master. Furthermore, the Charterers shall ensure that all sub-charter parties they enter into during the period of this Charter Party contain the following provision:
"The Charterers shall provide the Owners with their full style contact details and, where sub-letting is permitted under the terms of the charter party, shall ensure that the contact details of all sub-charterers are likewise provided to the Owners".
(ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, caused by failure on the part of the Charterers to comply with this Clause shall be for the Charterers' account.
Notwithstanding anything else contained in this Charter Party all delay, costs or expenses whatsoever arising out of or related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections (regardless of whether it is required compulsorily or by custom), shall be for the Charterers' account~~, unless such costs or expenses result solely from the Owners' negligence~~. All measures required by the Owners to comply with the Ship Security Plan shall be for the Owners' account.
If either party makes any payment which is for the other party's account according to this Clause, the other party shall indemnify the paying party.

Additional Clauses: Any port or facility operating at security level 3 (as referred to under the ISPS Code) shall be deemed to be unsafe for the purposes of this charter. If the vessel is ordered to proceed to or call at a port or facility operating at security level 3, or subsequently operating at security level 3, then the charterers' order to proceed to such port or facility shall be or become illegitimate. If the owners nevertheless decide (in their absolute option) to visit the aforesaid port or facility, then the charterers hereby agree to indemnify fully the owners and hold them harmless in respect of any losses or damage the owners may suffer by reason of visiting the port or facility.
If a port of discharge named in bills of lading issued under this charter is operating or subsequently operates at security level 3, then the owners shall have the option of calling upon charterers/shippers/receivers/merchants to nominate an alternative port of discharge for delivery of the cargo. In the absence of any such nomination, the owners shall have the option of discharging and/or delivering the cargo at a nearby port (of their choosing) operating at level 2 or below. Any such discharge/delivery shall be solely at the charterers'/shippers'/receivers'/merchants' liability, cost, expense and responsibility and the charterers hereby agree to indemnify fully the owners and hold them harmless in respect of any liability they may incur to any party as a result of their exercising their rights under this clause.

凡例
　■追加：use their best endeavours to
　■削除：~~unless such costs or~~