BAY OF BENGAL/JAPAN/BAY OF

BENGAL CONFERENCE

/GREMENT FOR THE CARRIAGE OF

FREIGHT.

The purpose of this Agreement made between ..................................................... hereinafter called the SHIPPER, and the Members of the BAY OF BENGAL/JAPAN/BAY OF BENGAL CONFERENCE hereinafter called the CARRIERS, is to assure to the Shipper on the one hand frequent and regular opportunities by the vessels of the Carriers for the carriage of his cargoes, stable rates of freight and uniform conditions of carriage, whereas the Carriers on the other hand will benefit from the assurance of the Shipper's continued support so long as this Agreement continues in force. Furthermore, the Shppier shall, in consideration of confining all his cargoes to the Carriers, be entitled to the bendifit of the Contract rates of freight.

1. The shipper agrees to forward, or cause to be forwarded, by vessels of the Carriers, all shipments with the exceptions noted below, made directly or indirectly by him, his agents, subsidiaries, associated or parent Companies, from Japan to ports in Burma and East Pakistam, Calcutta and the ports on the East Coast of India North of but not including, Kakinada, whether such shipments are made C.I.F., C.&.F., or F.O.B., ex godown or by any other terms. The following are the exceptions referred to above:―

FULL CARGOES OF ORE, RICE, COAL, CEMENT OR METAL SCRAP.

2. The Carriers agree to carry the Shipper's cargoes, with the exceptions noted above, so far as their regular services are available, at the Contract rartes set out in the Tariff. The Carriers undertake to give the shipper notice of changes by letter, by general posting of revisions of Tarriff rates in the office of the Bay of Bengal/Japan/Bay of Bengal Conference or by press announcement thereof, but any increases, except for transhipment charges and oncarrying rates, shall not become effective until the expiration of the calendar month during which notice is given and of the two calendar months next following. This Clause does not apply to transhipment charges and oncarring rates since these are necessarily subject to increase without notice.

3. All conditions under which cargo is accepted in the Tariff of the Bay of Bengal/Japan/Bay of Bengal Conference and the respective addenda current at the time of shipment of goods are understood and mutually agreed to be a part of this Agreement.

4. The Carriers undertake to maintain a shipping service which shall be adequate to meet the reasonable requirements of the Trade specified in paragraph 1 above. The Shipper may select any vessel in the regular service of the Carriers subject only to mutual agreement as to quantity per vessel and to ability of vessel to carry.

This Agreement is not and shall not be a Space Agreement of a Contract of Carriage. The Shipper may offer his cargo to any one of the Carriers and if space is not then furnished the Shipper may secure space elsewhere without prejudice, provided he notifies the Joint Branch Secretaries of the Bay of Bangal/Japan/Bay of Bengal Conference at Tokyo or Kobe of his requirement of space, and provided the Joint Branch Secretaries do not notify him within seven (7) days thereafter, excluding Sundays and holidays of the availability of space within the ensuing thirty (30) days period.

5. If the shipper shall make or cause to be made any shipment in violation of this Agreement, the Shipper shall pay as liquidated damages to the Carriers for his breach of this Agreement fifty percen tum(50%) of the amount of freight which the Shipper would have paid had such shipment been made in a vessel of the Carriers at the Contract rate currently in effect. Should the shipper fail to pay such liquidated damages within thirty (30) days after receipt by registered mail of demand from the Carriers, the Carriers shall terminate the Shipper's rights to Contract rates until the Shipper pays the Carriers the amount due, provided that the Shipper shall have the right to appeal against such decision should he consider that there has been no breach of the Agreement on his part. In the event of an appeal by the Shipper this shall be forwarded to the Joint Branch Secretaries of the Bay of Bengal/Japan/Bay of Bengal Conference in writing within seven (7) days of receipt of the Carriers' demand for liquidated damages, and the Shipper's appeal shall be circulated by the Joint Branch Secretaries to all Members of the Conference. If the Carriers should decide against the Shipper's appeal, the Shipper shall be informed of the Carriers' decision in writing and his right to the Contract rates shall be terminated unless the liquidated damages due to the Carriers be paid within a period of seven (7) days from receipt by registered mail of the notice rejecting his appeal. If the Shipper is found to have violated this Agreement more than cone in any period of twelve (12) months, the Carriers shall cancel this Agreement by serving written notice on the Shipper. If the Agreement is thus cancelled, the Carriers shall refuse to enter into a new Agreement with the Shipper until ninety (90) days after any unpaid liquidated damages due to the Carriers has been paid in full.

The Shipper shall, upon request, furnish to the Carriers full and complete information with respect to any Shipment made or caused to be made by the Shipper in the trade covered by this Agreement.

6. In the case of urgency or other special circumstances the Joint Branch Secretaries may permit shipments by other means than the vessel of a Carrier. If the Shipper produces prior written proof, which is acceptable to the Joint Branch Secretaries of the Bay of Bengal/Japan/Bay of Bengal Conference, that a Foreign Buyer of a F.O.B. shipment from Japan has designated a Non-Conference vessel for the shipment, then in such an event the shipment is exempted from this Contract and the Shipper is free to make the shipment without thereby becoming subject to any penalty. The Carriers thereafter may deny contract rates on subsequent cargo consigned to or by such Foreign Buyer in vessels of the Carriers to destinations specified under Paregraph 1 above, unless such Foreign Buyer has subscribed to a contract with the Carriers.

7. Shipments under this Agreement are subject to all the terms and conditions of the respective Carrier's engagement note, permit, dock receipt and Bill of Lading in use by the Carrier when shipments are tendered.

8. The Carriers may cancel this Agreement or suspend service in the event of hostilities, or threats thereof, which reasonably may be anticipated to affect the Trade convered by this Agreement.

9. This Agreement may be terminated by either party by notice in writing, and such termination shall become effective three calendar months after receipt by the other party of such written notice.

10. Any dispute under this Agreement which cannot be settled amicably will be referred to arbitration in London in accordance mith the English Arbitration Act of 1950, as amended, each of the opposing parties appointing a commercial Arbitrator who, failing agreement, shall appoint an Umpire whose decision shall be binding.

11. Each Carrier is responsible for its own part only in this Agreement, the Parties to which are:

British India Steam Navigation Co., Ltd.

China-Siam Line Ltd.

Everett Orient Line

Indo-China Steam Navigation Co., Ltd.

……… Sempaku Kaisha

……… Yusen Kaisha

……… Shosen Kaisha

Should additional Carriers become Members of the Bay of Bengal/Japan/Bay of Bengal Conference after the date of this Agreement, the terms of this agreement shall apply fully to such Carrier from the date of Membership; should any Carrier cease to be a Member of this Conference, all future rights of such Carrier under this Agreements shall thereupon terminate.

Executed this .................... day of .................. 195....................

Shipper's Head Office Address:

(Insert all addresses of the Shippers' Branch Offices on the back)

...........................................................

(The Shipper)

By ....................................................

Title ................................................

Revenue

Stamp

Bay of Bengal/Japan/Bay of

Bengal Conference

(The Carriers)

By ..................................................

(Joint Branch Secretaries)

Port ..........................................

저작자표시 비영리 변경금지 (새창열림)