REF: .18 TENDER SCHEDULEbsc.portal.gov.bd/sites/default/files/files/bsc.portal.gov.bd... · BSC...

BSC Bhaban, Saltgola Road, P.O. Box-641, Chittagong-4100, Bangladesh.

Phone: 0088-031-728269/720699, Fax: 0088-031-710506/722380, E-mail: [email protected]

REF: 18.16.0000.373.02.061.18 DATE: 19.11.2018 TENDER REF: COMC- 014, DATED 19.11.2018 RE: TRANSPORTATION OF 8th LOT (2017-2018) OF 25,000 MT (+/-5% SUPPLIER’S

OPTION) TSP FERTILIZER IN BULK FROM SAFI, MOROCCO TO CHITTAGONG AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT, BANGLADESH A/C BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION (BADC).

PLEASE OFFER FIRM FOR TRANSPORTATION OF 25,000 MT (+/-5% SUPPLIER’S OPTION) TSP FERTILIZER IN BULK FROM SAFI, MOROCCO TO CHITTAGONG AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT, BANGLADESH A/C BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION (BADC) AS PER FOLLOWING TERMS AND CONDITIONS:- 1. MINISTRY : MINISTRY OF AGRICULTURE. 2. PROCURING ENTITY & : BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION, CHARTERERS KRISHI BHABAN, 49-51 DILKUSHA C/A, DHAKA-1000, BANGLADESH

3. CHARTERERS AGENTS : BANGLADESH SHIPPING CORPORATION (BSC), BSC BHABAN, SALTGOLA ROAD CHITTAGONG, BANGLADESH.

4. SHIPPER / SUPPLIERS : OCP S. A., 2, RUE AL ABTAL - HAY ERRAHA, CASABLANCA – MOROCCO, TELEPHONE : (+212 22) 230424, FAX : (+212 22) 23 06 35/ 99 83 95 / 99 83 96, EMAIL: [email protected], [email protected], [email protected], [email protected], post-

[email protected], [email protected] 5. CARGO : TSP FERTILIZER IN BULK PLUS SUPPLY OF EMPTY WPP BAGS WITH

INNER POLYTHENE LINER AS PER ATTACHED SPECIFICATION (ANNEXURE-1).

6. TOTAL QUANTITY : 25,000 MT (+/-5% SUPPLIER’S OPTION) TSP FERTILIZER IN BULK PLUS SUPPLY OF EMPTY BAGS (WPP BAGS WITH INNER POLYTHENE LINER) AS PER FOLLOWING LOADING SCHEDULE:-01-05 DECEMBER, 2018

7. LOAD PORT : 1/2 SB(S), 1 SP SAFI, MOROCCO WHERE DRAFT IS SAID TO BE 30

FEET. HOWEVER, SHIP OWNER / CARRIER HAVE TO SATISFY THEMSELVES THROUGH THEIR LOCAL AGENT ABOUT ANY RESTRICTIONS / LIMITATIONS / INSTALLATIONS IN THAT PORT.

8. LAY-CAN : 01-05 DECEMBER, 2018, ALWAYS SUBJECT TO SUPPLIER’S APPROVAL.

9. DISCHARGE PORT : 1/2 SA (S) 1/2 SB(S) 1/2 SP (S) CHITTAGONG AND SHIROMONI GHAT

(KHULNA) VIA MONGLA PORT, BANGLADESH (CHARTERER’S OPTION). DISCHARGE AT CHITTAGONG PRIVATE GHATS ALSO ALLOWED.

10. DISCHARGE RATIO : ABOUT 40%:60% BASIS CHITTAGONG PORT AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT. BADC RESERVES THE RIGHTS TO CHANGE DISCHARGE RATIO UPTO 25% ON PREVAILING SITUATION.

TENDER SCHEDULE

mailto:[email protected]









11. OWNERS : NAME AND FULL ADDRESS INCLUDING TELEX, FAX, E-MAIL, PHONE & PIC OF OWNERS & DISPONENT OWNERS MUST BE MENTIONED IN THE OFFER. (Dealing in Bangladesh Dhaka, Chittagong & Khulna)

OFFERS IN THE NAME OF CORRESPONDING OFFICE SHALL BE TREATED AS NON-RESPONSIVE.

12. VESSEL : VESSEL TO BE SELF TRIMMING BULK CARRIER, SINGLE DECKER SUITABLE FOR SAFE CARRIAGE OF BULK TSP FERTILIZER. OFFERS MUST BE SUPPORTED BY A NAMED PERFORMING VESSEL HAVING CLASS WITH MEMBER OR ASSOCIATE MEMBER OF INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETY (IACS) WITH AUTHORITY FROM OWNERS. OFFERS WITHOUT NAME OF THE PERFORMING VESSELS AND AUTHORITY LETTERS FROM OWNERS SHALL BE TREATED AS NON-RESPONSIVE.

ALL VESSELS TO BE ENGAGED UNDER THIS CONTRACT MUST BE CLASSED WITH MEMBER OR ASSOCIATE MEMBER OF INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCIETY (IACS), FULLY ISPS COMPLIANT, COVERED BY P&I CLUB, COMPLY WITH ALL MARITIME REGULATIONS AT PORTS OF CALL.

THE VESSEL MUST HAVE ALL VALID DOCUMENTS / CERTIFICATE ON-BOARD IN GOOD ORDER FOR INSPECTION BY PORT AUTHORITIES AND ALL CONCERNED BEFORE BERTHING AND MUST PASS SHIP’S VETTING SYSTEM AS PER PORT AUTHORITY REGULATIONS. VESSELS MUST HAVE ON BOARD ALL CORRECT AND UPDATED DOCUMENTS, CALIBRATION SCALES, BALLAST TANKS CALIBRATION TABLES, HYDROSTATIC CURBS ETC. AND SHOULD HAVE READABLE DRAFT/SCALE MARKS TO ALLOW THE SURVEYOR TO EXECUTE A CORRECT AND ACCURATE DRAFT SURVEY AT LOADING PORT ACCORDING TO THE INTERNATIONAL SHIPPING PRACTICE FOR DETERMINATION OF CARGO QUANTITY LOADED.

THE MASTER OF THE NOMINATED VESSEL HAS TO FACILITATE THE

RAPID LOADING OF HIS VESSEL BY ALL MEANS ON BOARD. VESSEL SHALL LEAVE THE LOADING BERTH AS SOON AS LOADING IS COMPLETED FAILING WHICH OWNERS ARE TO INDEMNIFY SUPPLIERS/SHIPPER FOR ANY TIME SO LOST BY OTHER VESSELS WAITING FOR BERTH AT DEMURRAGE RATE OF THESE OTHER VESSELS.

13. AGE : MAXIMUM UP TO 25 YEARS WITH OVERAGE INSURANCE PREMIUM

(OAIP) ON OWNERS ACCOUNT.

14. FLAG : EXCLUDING ISRAEL.

15. INACCESSIBLE AREAS OF VESSEL : NO CARGO TO BE LOADED INTO DEEP-TANKS OR PLACES NOT EASILY ACCESSIBLE, UNLESS WITH SHIPPERS CONSENT, IN WHICH CASE ANY EXTRA COSTS AND ADDITIONAL TIME INCURRED FOR LOADING/STOWAGE TO BE BORNE BY OWNERS.

16. P&I AND HULL UNDERWRITERS : OWNERS TO MENTION NAME & ADDRESS OF THEIR P&I CLUB AND HULL UNDERWRITERS.

17. ELIGIBILITY OF TENDERER : (i) SHIP OWNERS / DISPONENT OWNERS / AGENTS AND SHIPBROKERS.

(ii) PARTIES BLACKLISTED/DEFAULTERS/UNABLE TO PERFORM/BARRED BY ANY MINISTRY OR GOVT. ENTERPRISES ARE PROHIBITED TO PARTICIPATE IN THE TENDER.



18. DESCRIPTION OF VESSEL: OWNERS TO DECLARE VESSEL’S DETAILED DESCRIPTION INCLUDING TYPE, CLASS, IMO

NUMBER, LOA, BREADTH, DRAFT, SPEED, BUILT (WITH YEAR AND MONTH), GRT/NRT, CARGO CAPACITY (GRAIN/BALE), NUMBER OF HO / HA, DIMENSION OF HO / HA, ISSUE AND EXPIRY DATE OF ISSC, LAST DD/SS, NEXT DD/SS, PRESENT POSITION, ETA LOAD PORT ETC IN THE OFFER.

19. NOMINATION OF VESSEL:

VESSEL MUST BE NOMINATED TO SUPPLIERS AT LEAST 3 DAYS BEFORE COMMENCEMENT 0F LAY-CAN.

IF OWNER FAILS TO DECLARE NAME OF THE PERFORMING VESSEL WITH ALL DETAILS IN TIME

JUST AFTER NOMINATING THE VESSEL, THEN ANY CONSEQUENTIAL CHARGES FOR SUCH FAILURE WILL BE ON OWNER'S ACCOUNT

20. VESSEL’S ACCEPTANCE : ALWAYS SUBJECT TO CHARTERER’S / SHIPPER’S / SUPPLIER’S

APPROVAL. SUPPLIERS SHALL HAVE THE RIGHT OF REFUSING ANY VESSEL WHICH ARRIVES BEYOND HER CANCELING DATE. IN CASE OF ITS ACCEPTANCE BY THE SUPPLIERS, N.O.R. TO BE TENDERED / ACCEPTED WHEN VESSEL IS AT BERTH AND ANY WAITING TIME AT ANCHORAGE WILL BE FOR OWNERS ACCOUNT AND TIME TO START TO COUNT UPON COMMENCEMENT OF LOADING.

21. LOADING RATE / TERMS:

THE CARGO SHALL BE LOADED AND SPOUT TRIMMED BY THE SHIPPERS, WITHOUT ANY

EXPENSE TO THE VESSEL AT THE DAILY RATE INDICATED IN THE FOLLOWING SCHEDULE PROVIDED THE VESSEL PUTS AT LEAST TWO WORKABLE HATCHES AT THE DISPOSAL OF THE SUPPLIERS/ SHIPPER PER WORKING DAY OF TWENTY-FOUR (24) CONSECUTIVE HOURS, WEATHER PERMITTING, IN THE USUAL MANNER ALONGISDE THE WHARF RESERVED TO THE SHIPPERS AT THE PLACE INDICATED BY THEM AND ACCORDING TO THEIR ORDERS:

1. 5,000 METRIC TONS, BETWEEN 20,000 AND 24,999 METRIC TONS LOADED. 2. 7,500 METRIC TONS, BETWEEN 25,000 LOADED AND ABOVE.

THE ABOVE RATES APPLY TO SINGLE DECK BULK CARRIERS. ANY OTHER TRIMMING REQUIRED

BY THE SHIP’S MASTER SHALL BE AT THE SHIPOWNER’S EXPENSE AND THE TIME SHALL NOT COUNT.

22. DISCHARGING TERMS :

CARGO TO BE DISCHARGED ON LINER TERMS AND DELIVERED IN 50 KG NET WPP BAGS WITH

INNER POLYTHENE LINER WHICH WOULD BE STRONG ENOUGH TO WITHSTAND DROP TEST

FROM UP TO 10 FEET HEIGHT IN LOADED CONDITION. COST/ARRANGEMENT OF LIGHTERAGE (IF REQUIRED) TO BE OWNER’S RISK AND RESPONSIBILITY. COST/ARRANGEMENT OF BAGGING AS PER ATTACHED SPECIFICATION (ANNEXURE-1), WEIGHTMENT BY FDR TO ON OWNERS ACCOUNT. EMPTY BAGS AS PER ATTACHED SPECIFICATION (ANNEXURE-1) REQUIRED FOR DISCHARGING TO BE SUPPLIED BY OWNERS AT THEIR COST, EXPENSES, ARRANGEMENTS AND RESPONSIBILITIES. TRANSPORTATION OF ALL EMPTY BAGS TO THE DISCHARGING POINTS AT CHITTAGONG AND SHIROMONI GHAT (KHULNA) VIA MONGLA PORT INCLUDING 0.5

(HALF) PERCENT EXTRA EMPTY BAGS SHALL BE ON OWNERS ACCOUNT. BADC’S C&F AND TRANSPORT AGENT WILL RECEIVE THE DELIVERY OF 50.00 KG NET PER BEG FERTILIZER FROM THE BROKER AT DIFFERENT GHATS OF CHITTAGONG PORT AND SHIROMONI GHAT VIA MONGLA PORT AS MENTIONED IN THE TRANSPORT PROGRAMME ISSUED BY BADC. DUE TO UNAVOIDABLE CIRCUMSTANCES THE SHIP BROKER WILL BE FULLY RESPONSIBLE FOR THE UNDELIVERED FERTILIZER UNTIL RECEIVED BY BADC OR IT’S AGENT.

23. FREIGHT RATE : OWNERS TO QUOTE FREIGHT RATE IN US DOLLAR BASIS FREE IN/LINER OUT, OWNERS SUPPLYING REQUIRED EMPTY BAGS (WWP BAG WITH INNER



LINER AS PER ATTACHED SPECIFICATION IN ANNEXURE-1), COST OF BAGGING (@50 KG NET PER BAG), LIGHTENING AND WEIGHMENT BY FDR.

0.5 (HALF) PERCENT EXTRA EMPTY BAGS TO BE SUPPLIED FREE OF

CHARGES. TRANSPORTATION OF ALL EMPTY BAGS TO THE DISCHARGING POINTS AT CHITTAGONG AND SHIROMONI GHAT (KHULNA) VIA MONGLA

INCLUDING 0.5 (HALF) PERCENT EXTRA EMPTY BAGS SHALL BE ON

OWNERS ACCOUNT. OWNERS ARE TO QUOTE FREIGHT AND COST OF BAGS SEPARATELY.

24. ETA NOTICES : BEFORE LEAVING THE LAST PORT OF CALL, AND IN ANY CASE THREE (3)

DAYS BEFORE ARRIVAL AT THE LOADING PORT, THE SHIP’S MASTER SHALL SEND MESSAGE TO THE SHIPPERS STATING THE VESSEL’S PROBABLE DATE OF ARRIVAL THERE, OTHERWISE THE SHIPPERS SHALL BE ENTITLED TO DELAY UP TO TWENTY-FOUR (24) HOURS THE ACCEPTANCE OF THE NOTICE OF READINESS FOR LOADING TENDERED BY THE SHIP’S MASTER. MASTER’S NOTICE(S) TO SUPPLIERS / SHIPPERS AND LOAD PORT AGENTS TO CONTAIN THE TENTATIVE STOWAGE PLAN CALCULATED BASIS STOWAGE FACTOR INDICATING THE EXACT QUANTITY OF CARGO REQUIRED AND VESSEL ETA AT LOAD PORT. A FURTHER 5 DAYS, 72 HOURS, 48 HRS AND 24 HRS NOTICE(S) OF THE APPROXIMATE DATE ON WHICH THE VESSEL WILL ARRIVE AT PORT OF LOADING TO FOLLOWING PARTIES.

i) OCP S.A., 2, RUE AL ABTAL - HAY ERRAHA, CASABLANCA – MOROCCO, FAX : (+212 22) 230635/ 99 83 95 / 998396, EMAIL: [email protected], [email protected], [email protected], [email protected], [email protected] ii) BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION, DHAKA FAX : 0088-02-9564357 / 9552193 E-MAIL: [email protected], [email protected]

iii) BANGLADESH SHIPPING CORPORATION, CHITTAGONG. FAX NO. 00880-031-710506 / 722380 E-MAIL: [email protected] ANY CHANGE OF ETA OF MORE THAN 24 HOURS IS TO BE ADVISED

IMMEDIATELY TO ALL PARTIES. 25. ARRIVAL CONDITION OF SHIP AT LOADPORT: AT THE NOMINATED LOADING PORT(S), MASTER TO TENDER VESSEL WITH HOLDS INCLUDING

FREE BOARD (DECK AREA) PROPERLY SWEPT, CLEANED AND DRIED, AND FREE OF RUST, TOTALLY FREE OF RESIDUES OF ALL PREVIOUS CARGOES TO SHIPPER’S INDEPENDENT SURVEYOR’S SATISFACTION, AND IN ALL RESPECTS READY TO RECEIVE THE INTENDED CARGO OF FERTILIZERS. PRIOR TO TENDERING THE VESSEL FOR LOADING CARGO BATTENS ARE TO BE REMOVED, BILGE BOARDS AND TIMBER BOARDS ARE TO BE IN PLACE AND MADE RIGHT AGAINST CARGO SEEPAGE AND ROSE BOXES ARE TO BE SUITABLY COVERED AGAINST CARGO SEEPAGE.

IF AFTER INSPECTION THE VESSEL IS FOUND TO BE NOT READY TO LOAD OR REFRAINED

FROM LOADING FOR ANY REASON WHATSOEVER, THE INITIAL N.O.R. WILL BE CONSIDERED AS INVALID AND LAYTIME NOT TO START COUNTING AND THE MASTER HAS TO TENDER A FRESH N.O.R. AFTER THE VESSEL BEING CONSIDERED IN ALL RESPECTS AS READY TO LOAD. IF AFTER BERTHING ANY CLEANING AND/OR DRYING HAS TO BE DONE, SAME TO BE FOR OWNER’S TIME AND ACCOUNT.











THE OWNER SHALL INDEMNIFY THE SUPPLIERS / SHIPPER FOR ANY LOSS OR DAMAGE CAUSED

TO THE PORT / SHIPPER / SUPPLIERS PROPERTIES / FACILITIES OR EQUIPMENTS RESULTING FROM VESSEL’S ACTS OF NEGLIGENCE / OMISSION.

26. HOLDS INSPECTION

THE NOTICE OF READINESS IS TO BE TENDERED AFTER VESSEL PASSING OF THE PRE-

LOADING HOLDS INSPECTION BY AN INDEPENDENT GENERAL MARINE SURVEYOR APPOINTED BY SUPPLIERS.

IF CARGO HOLDS INCLUDING FREE BOARD (DECK AREA) ARE FOUND IN UNSATISFACTORY

CONDITION AND NOT ACCEPTABLE BY AN INDEPENDENT GENERAL MARINE SURVEYOR, THE OWNERS TO CLEAN THE VESSEL’S HOLD AT THEIR TIME AND COST. THE LAY TIME TO STOP COUNTING FROM THE TIME VESSEL FAILS HOLD INSPECTION TILL VESSEL PASSING RE-INSPECTION. LAY TIME TO START COUNTING FROM THE ACTUAL COMMENCEMENT OF LOADING. THE COST OF SUBSEQUENT INSPECTION IS FOR OWNERS ACCOUNT. OWNERS TO REPRESENT THE VESSEL FOR SECOND INSPECTION WITHIN MAXIMUM 72 HOURS. INCASE VESSEL FAILS THE HOLDS INSPECTION FOR THE SECOND TIME THE SAID NOMINATION STANDS CANCELLED.

HOLDS SURVEY INSPECTION WILL BE CARRIED OUT IN DAYLIGHT ONLY. ALL TIME LOST FROM BERTHING TILL ACCEPTANCE BY SURVEYOR, INCLUDING WAITING FOR DAYLIGHT WILL BE EXCLUDED FROM LAY-TIME.

27. NOTICE OF READINESS (NOR)

THE NOTICE OF READINESS IS TO BE TENDERED AFTER VESSEL PASSING OF THE PRE-LOADING HOLDS INSPECTION BY AN INDEPENDENT GENERAL MARINE SURVEYOR. N.O.R. CANNOT BE TENDERED PRIOR TO COMMENCEMENT OF LAY-DAYS.

UPON VESSEL’S ARRIVAL AT THE USUAL CUSTOMARY WAITING PLACE OF THE LOADING PORT WHICH SHOULD BE WITHIN THE GEOGRAPHICAL, LEGAL AND ADMINISTRATIVE AREA OF THE LOADING PORT, AND AFTER THE VESSEL BEING IN FREE PRATIQUE, THE MASTER SHOULD TENDER A VALID N.O.R. THAT THE SHIP IS IN ALL RESPECTS READY TO LOAD THE CARGO AND SHE IS AT THE IMMEDIATE AND EFFECTIVE DISPOSITION OF THE SHIPPER / SUPPLIERS. SUCH N.O.R. SHOULD BE TENDERED DURING ORDINARY BUSINESS HOURS AS STATED BELOW.

NOR TO BE GIVEN ON NORMAL WORKING DAYS DURING OFFICE HOURS, MONDAY TO FRIDAY

0800 HRS AM TO 0500 HRS PM TO SUPPLIERS / SHIPPER AND ON SATURDAY FROM 0800 HRS TO 1200 HRS.

SUPPLIERS SHALL HAVE THE RIGHT OF REFUSING ANY VESSEL WHICH ARRIVES BEYOND HER CANCELING DATE. IN CASE OF ITS ACCEPTANCE BY THE SUPPLIERS, N.O.R. TO BE TENDERED / ACCEPTED WHEN VESSEL IS AT BERTH AND ANY WAITING TIME AT ANCHORAGE WILL BE FOR OWNERS ACCOUNT AND TIME TO START TO COUNT UPON COMMENCEMENT OF LOADING.

28. LOADING TURN:

IF THE VESSEL IS KEPT WAITING FOR HER BERTH, IN OR OFF THE LOADING PORT, TIME SHALL NOT COUNT UNTIL EXPIRY OF TURN WITH A MAXIMUM OF FORTY EIGHT (48) HOURS (SUNDAYS AND LEGAL AND LOCAL HOLIDAYS INCLUDED) COMMENCING AT 13:00 HOURS OR 07:00 HOURS, RESPECTIVELY, AFTER THE SHIP’S MASTER HAS GIVEN A WRITTEN NOTICE OF READINESS TO LOAD TO THE SHIPPERS DURING USUAL OFFICE HOURS.

29. COMMENCEMENT OF TIME:

LAY-TIME SHALL COMMENCE, WHETHER THE VESSEL IS IN BERTH OR NOT, EXCEPT IF THE VESSEL IS ON TURN, AT 13:00 HOURS IF THE VESSEL IS IN EVERY RESPECT READY TO LOAD AND IF A WRITTEN NOTICE OF READINESS IS GIVEN TO THE SHIPPERS BY THE SHIP’S MASTER DURING USUAL OFFICE HOURS BEFORE NOON, OR AT 07:00 HOURS THE NEXT WORKING DAY IF THE SAID NOTICE IS GIVEN DURING USUAL OFFICE HOURS AFTER NOON.



LEGAL AND LOCAL HOLIDAYS, EACH BEING CONSIDERED AS A DAY OF TWENTY-FOUR (24)

HOURS, AND THE TIME BETWEEN 13:00 HOURS ON SATURDAY AND 07:00 HOURS ON MONDAY SHALL NOT COUNT AS LAY-DAYS BUT, IF THE LOADING PROCEEDS DURING THESE EXCEPTED PERIODS, OR BEFORE LAY-DAYS COMMENCE, ONLY HALF SUCH TIME ACTUALLY EMPLOYED SHALL COUNT. ALL TIME USED IN WARPING AT THE SHIPPERS REQUEST SHALL COUNT AS LAY-DAYS. THE VESSEL SHALL LEAVE THE LOADING BERTH AS SOON AS LOADING IS COMPLETED IF THE SHIP’S MASTER IS REQUIRED TO DO SO, FAILING WHICH THE SHIP OWNERS SHALL INDEMNIFY THE SHIPPERS FOR TIME THUS LOST AT THE DEMURRAGE RATE STIPULATED IN

CLAUSE (J) HEREAFTER.

LOADING TIME SHALL BE CALCULATED ON THE BASIS OF THE BILL OF LADING WEIGHT EXPRESSED IN METRIC TONS.

TIME ACTUALLY USED BEFORE COMMENCEMENT OF LAY-TIME NOT TO COUNT. TIME USED IN SHIFTING FROM ROADS TO BERTH NOT TO COUNT WHETHER VESSEL IS ON

DEMURRAGE OR NOT. TIME USED IN DRAFT OPERATIONS BY THE BOARD AND THE SURVEYOR BEFORE START OF LOADING AND AFTER COMPLETION OF LOADING NOT TO COUNT AS LAY-TIME OR TIME ON DEMURRAGE.

VESSEL WAITING FOR HIGH TIDE BEFORE BERTHING OR AFTER COMPLETION OF LOADING NOT TO COUNT AS LAY-TIME OR TIME ON DEMURRAGE. AT LOADING TIME TAKEN FOR OPENING AND CLOSING OF HATCH NOT TO COUNT. CREW OVERTIME TO BE IN ANY CASE FOR VESSEL / OWNER’S ACCOUNT TIME AND EXPENSES. NO TIME SHALL COUNT AGAINST LAYTIME WHEN SPENT OR LOST DUE TO BREAKDOWN, INEFFICIENCY OR OTHER CAUSE ATTRIBUTABLE TO THE VESSEL AND/OR OWNERS / SERVANTS AS A RESULT OF STRIKE, LOCKOUT STOPPAGE OR RESTRAINT OF LABOUR OF MASTER, OFFICERS OR CREW OF THE VESSEL ON AN INWARD PASSAGE INCLUDING AWAITING PILOT, TUGS OR DAYLIGHT MOVING FROM ANCHORAGE OR BERTHING.

SUPPLIER/CHARTERERS SHALL NOT BE LIABLE FOR TIME LOST / DEMURRAGE CAUSE BY FAULT OF VESSEL/SHIP OWNER/ THEIR SERVANTS. LAY-TIME SHALL CEASE WHEN THE LOADING HAS BEEN COMPLETED. TIME ALLOWED WILL BE CALCULATED BASIS THE BILL OF LADING WEIGHT EXPRESSED IN METRIC TONS. ANY TIME LOST DUE TO STRIKE, LOCK OUT OR ANY OTHER CAUSE BEYOND THE SUPPLIERS/SHIPPER’S CONTROL SHALL NOT COUNT AS LAY-TIME OR TIME ON DEMURRAGE.

IF UPON ENTERING THE PORT, THE VESSEL FAILS TO OBTAIN FREE PRATIQUE OR CUSTOMS CLEARANCE OR IS FOR ANY OTHER REASON FOUND UNFIT TO LOAD THE CARGO THEN TIME SHALL CEASE TO COUNT AS USED LAYTIME OR TIME ON DEMURRAGE UNTIL THE VESSEL IS FULLY READY TO PROCEED WITH THE LOADING OPERATION. IF, BY VIRTUE OF SUCH FAILURE AND VESSEL LOSSES IT PLACES IN LOADING LINING THEN TIME SHALL CEASE TO COUNT AS USED LAYTIME OR TIME OR DEMURRAGE UNTIL THE VESSEL HAS BEEN FULLY SECURED ALONGSIDE THE LOADING FACILITY AND IS READY IN ALL RESPECTS TO RECEIVE CARGO.

SUPPLIER SHALL BE ENTITLED FOR DISPATCH TO THE EXTENT OF WORKING TIME SAVED, TO BE COUNTED TILL THE VESSEL COMPLETION OF LOADING AT HALF DEMURRAGE RATE.

THE SHIP’S MASTER SHALL FACILITATE THE REPAID LOADING OF HIS VESSEL BY ALL MEANS ON BOARD. ANY DELAY ATTRIBUTABLE TO THE VESSEL OR HER CREW SHALL NOT COUNT AS LAY-TIME.

30. LAY-DAY AND CANCELING:

IN CASE THE VESSEL IS NOT EXPECTED TO ARRIVE TO LOADING PORT WITHIN THE CANCELING DATES, THE OWNER SHOULD THEN REQUEST THE SUPPLIERS FOR AN EXTENSION OF THE CANCELING DATE WITH SUPPLIERS HAVE THE OPTION OF EITHER CANCELING THE NOMINATION OR GRANT EXTENSION, WHICH IS TO BE DECLARED WITHIN 1 (ONE) WORKING DAY. IF THE VESSEL IS DELAYED BEYOND THE REVISED EXTENSION OF CANCELING DATE, THE NOMINATION IS DEEMED TO BE CANCELLED. LAY DAYS NOT TO COMMENCE PRIOR TO THE AGREED LAY CAN.



31. LOAD PORT DRAFT SURVEY:

THE BILL(S) OF LADING QUANTITY WILL BE DETERMINED AS PER VESSEL DRAFT SURVEY. VESSEL SHALL ARRIVE AT LOADING (OR UNLOADING) PORT WITH A TRIM NOT EXCEEDING HER BALLAST TANK TRIM CORRECTION TABLES AND WITHOUT LIST. FOR BULK CARRIER BALLAST TANKS BEFORE INITIAL DRAFT SURVEY, SHOULD BE FULLY IN ORDER TO MINIMIZE THE ERROR TO THE TRIM. FOR THE PURPOSE OF PERFORMING DRAFT SURVEYS, THE VESSEL TO FURNISH FOLLOWING DOCUMENTS ISSUED BY CLASSIFICATION REGISTRY SPECIFICALLY FOR DRAFT SURVEY:

A. CERTIFIED CALIBRATION SCALES FOR ALL TANKS-BALLAST, FRESH WATER, BUNKERS AND SLOP TANKS.

B. A DISPLACEMENT SCALE / TABLE. C. A GENERAL ARRANGEMENT PLAN D. HYDROSTATIC CURVES DATA E. TRIM TABLES AND SOUNDING CHARTS.

PLIMSOLL MARKS MIDSHIP DECKLINE AND DRAFT MARKS SHOULD BE CUT AND MARKED ON THE STEEL PLATING OR WELDED ON THE BOTH FOR PORT AND STARBOARD, FORWARD, AFT AND MIDSHIP.

VESSEL SHALL NOT TAKE, PUMP OUT OR SWITCH FROM ONE TANK TO ANOTHER, BALLAST FRESHWATER OR BUNKERS WHILE DRAFT SURVEY IS CARRIED OUT. IT SHOULD BE AVOIDED HAVING BALLAST IN ONE OF THE HOLDS. OTHERWISE LOADING OPERATIONS NOT TO BE STARTED BEFORE HOLD IS PUMPED OUT COMPLETELY.

UNLESS PROPERLY CALIBRATED, THE BALLAST TANKS SHOULD OR BE MADE BEFORE SURVEY

STARTS (THIS INDIVIDUALLY PER TANK). SOUNDING MUST BE INTACT, FREE OF BLOCKAGE

AND READILY ACCESSIBLE. ALL SOUNDING TO BE EFFECTED IN THE PRESENCE OF THE SURVEYOR. LOADING/UNLOADING OPERATIONS SHALL NOT START BEFORE DRAFT READINGS AND TANK SOUNDING IS COMPLETED.

NOTICE OF READINESS WILL BE CONSIDERED AS ACCEPTED ONLY WHEN THE VESSEL IS READY FOR A DRAFT SURVEY AND COMPLIES WITH THE ABOVE MENTIONED POINTS AND NO OTHER CONDITIONS MAY EXIST ON BOARD WHICH WILL INTERFERE WITH A TOTALLY AND ACCURATE DRAFT SURVEY.

THE MASTER MUST CERTIFY THAT ALL DOCUMENTS SUPPLIED ARE CORRECT AND OFFICERS / CREWS TO OFFER THE SURVEYOR THEIR FULL CO-OPERATION IN THE PERFORMANCE OF HIS

DUTIES. FAILURE TO PRESENT THE VESSEL IN COMPLIANCE WITH THE REQUIRED CONDITIONS MAY RESULT IN THE VESSEL BEING HELD LIABLE FOR CONSEQUENTIAL COSTS BY CHARTERERS UPON DOCUMENTARY CERTIFICATION OF FACTS AND EVENTS BY THE MARINE SURVEYOR.

32. 1-2 LOADING BERTH (S)

AT LOADING PORT, SUPPLIERS AND/OR SHIPPERS WILL HAVE THE OPTION TO USE SECOND BERTH, IN SUCH EVENT SHIFTING EXPENSES FROM 1ST TO 2ND BERTH TO BE FOR THE VESSEL’S ACCOUNT AND TIME NOT TO COUNT AS LOADING TIME.

33. EXPENSES DURING LOADING

THE SHIP OWNER SHALL PAY ALL USUAL PORT DUES AND EXPENSES, ALL TOLLS (“PEAGE” DUES) AND PARTICULAR TAXES, AT THE RATE APPLICABLE AT THE BILL OF LADING DATE, AS WELL AS ALL OTHER CUSTOMARY CHARGES PAYABLE BY THE VESSEL. THE SHIP OWNER SHALL PAY IN CASH ALL THE VESSEL’S DISBURSEMENT AMOUNT DUE BY THEM UNDER THE CLAUSE OF THIS ARTICLE.

PRIOR TO ARRIVAL OF THE VESSEL IN THE LOADING PORT, THE SHIPOWNER SHALL CREDIT THE SHIPPER’S ACCOUNT, AT A BANK TO BE INDICATED BY THE SELLER, WITH A SUFFICIENT DEPOSIT TO COVER DISBURSEMENTS AND POSSIBLE DESPATCH-MONEY. THE SHIPPERS SHALL READJUST THIS OPERATION WHEN RELEVANT DOCUMENTS ON DISBURSEMENT ACCOUNTS AND TIME-SHEET ARE RECEIVED.



SHOULD THE AMOUNT OF SUCH A DEPOSIT NOT BE SUFFICIENT TO COVER ACTUAL DISBURSEMENT, THE SELLER SHALL RESERVE THE RIGHT TO REFUSE LOADING OR TO KEEP THE VESSEL UNTIL SUCH TIME WHEN NECESSARY FUNDS ARE RECEIVED.

ALL OPENING AND CLOSING AND HATCHES TO BE ARRANGED BY OWNERS AT THEIR EXPENSE.

ANY OVERTIME AT THE LOADING PORT SHALL BE FOR THE ACCOUNT OF THE PARTY REQUESTING IT, EXCEPT OVERTIME PAYABLE TO THE VESSEL’S OFFICERS AND CREW WHICH SHALL ALWAYS BE FOR THE SHIPOWNER’S ACCOUNT. POSSIBLE OVERTIME ORDERED BY PORT AUTHORITIES SHALL BE REGARDED AS ORDERED BY THE SHIPPERS.

34. CHARGES & DUES : ELEVATOR CHARGES, SERVICE AND FACILITIES CHARGES, ADDITIONAL STEVEDORING (IF REQUIRED BY VESSEL/MASTER), PORT DUES, HARBOR DUES AND OTHER LOAD PORT EXPENSES JUST AFTER NOMINATING THE VESSEL IF ANY TO BE ON OWNERS ACCOUNT.

35. TAXES & LEVY : ALL DUES AND/OR WHARFAGE AND/OR TAXES AND/OR LEVY AND/OR ROYALTIES ON VESSEL OR FREIGHT OR FLAG TO BE FOR OWNERS ACCOUNT EVEN WHEN THE SAME ARE MEASURED BY THE QUANTITY OF CARGO ON BOARD THE VESSEL.

36. SOURCE TAX:

(A) AS PER INCOME TAX ORDINANCE NO. 53 (AA) OF 1984, 5% (FIVE PERCENT) SOURCE TAX WILL BE APPLICABLE ON TOTAL FREIGHT AMOUNT (INCLUDING COST OF BAGS) FOR VESSEL OWNED/CHARTERED BY RESIDENT SHIP OWNERS. SOURCE TAX WILL BE DEDUCTED BY THE CHARTERERS FROM 70% FREIGHT AND 30% BALANCE FREIGHT PAYABLE TO OWNERS.

(B) AS PER INCOME TAX ORDINANCE NO. 56 OF 1984, 7.5% (SEVEN AND HALF PERCENT)

SOURCE TAX WILL BE APPLICABLE ON TOTAL FREIGHT AMOUNT (INCLUDING COST OF BAGS) FOR VESSEL OWNED/CHARTERED BY NON-RESIDENT SHIP OWNERS. SOURCE TAX WILL BE DEDUCTED BY THE CHARTERERS FROM 70% FREIGHT AND 30% BALANCE FREIGHT PAYABLE TO OWNERS.

37. VOYAGE TIME: OWNERS GUARANTEE THAT VESSEL WILL ARRIVE AT 1ST DISCHARGING PORT (CHITTAGONG)

WITHIN 40 (FORTY DAYS) DAYS FOR PASSAGE THROUGH CAPE OF GOOD HOPE AND 30 (THIRTY) DAYS FOR PASSAGE VIA SUEZ CANAL FROM DATE OF SAILING FROM LOADPORT, FAILING OF WHICH OWNERS TO COMPENSATE FOR ALL CONSEQUENTIAL LOSS INCURRED BY THE CHARTERERS / RECEIVERS. IN THE EVENT PERFORMING VESSEL FAILS TO ARRIVE AT

DISCHARGING PORT WITHIN 60 (SIXTY) DAYS FROM THE DATE OF SAILING, MATTER TO BE BROUGHT TO THE NOTICE OF THE CARGO UNDERWRITERS (SADHARAN BIMA CORPORATION, BANGLADESH.

38. VOYAGE ROUTE: IMMEDIATELY UPON SAILING FROM LOADPORT OWNERS TO DECLARE ROUTE/PASSAGE OF

VOYAGE WITH VESSELS ETA TO FIRST DISCHARGING PORT (CHITTAGONG). IN CASE THE VESSEL REQUIRE TO CHANGE COURSE/ROUTE FOR ANY UNFORSEEN REASONS, OWNERS TO TAKE PRIOR PERMISSION FROM CHARTERERS AGENTS (BSC). IN THE EVENT OWNERS FAIL TO COMPLY WITH ABOVE, BROKERS/OWNERS TO BE LIABLE FOR ALL CONSEQUENTIAL LOSS INCURRED BY CHARTERERS (BADC).

39. DUNNAGE MATERIALS: DUNNAGE / SHIFTING BOARDS / SEPARATION MATERIALS AND

AND/OR BAGGING REQUIRED FOR SAFE STOWAGE TO BE FOR OWNERS ACCOUNT AND TIME USED IN BAGGING NOT TO COUNT.

40. POLLUTION

SHIP OWNERS WARRANT THAT THE VESSEL IS FULLY INSURED AND CERTIFIED FOR POLLUTION RISKS IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE NATIONAL PORT AUTHORITIES RELEVANT TO THE TRADING UNDER THIS CONTRACT. IN NO CASE SHALL



CHARTERERS / SHIPPERS AND/OR SUPPLIERS BE LIABLE FOR DEMURRAGE AS A RESULT OF SHIPOWNER FAILURE TO COMPLY WITH SUCH RULES AND REGULATION.

41. NO OTHER CARGO EXCEPT CHARTERER’S CARGO TO BE CARRIED WHICH SHOULD BE THE QUANTITY MENTIONED IN B/L.

42. VESSEL TO PROVIDE AT LOADING AND DISCHARGING PORTS FREE OF EXPENSES TO CHARTERERS, WINCHES AND/OR CRANES AND THE POWER TO DRIVE THEM. GINS AND FALLS IN GOOD WORKING CONDITIONS AND ALSO TO SUPPLY SUFFICIENT LIGHTS FOR NIGHT WORK AS ON BOARD ON DECK AND IN HOLDS. IF REQUIRED VESSEL TO PROVIDE WINCH MEN AT LOADING AND DISCHARGING PORTS.

43. ON COMPLETION OF LOADING WHILE ENROUTE TO DISCHARGE PORT MASTER TO CABLE IMMEDIATELY ON SAILING 15/10/7 DAYS APPROXIMATE AND THEREAFTER 5/3/2/1 DAYS DEFINITE ETA NOTICE TO FOLLOWING IN WRITING EITHER DIRECTLY OR THROUGH THE AGENTS:-

i) BANGLADESH AGRICULTURAL DEVELOPMENT CORPORATION, DHAKA FAX : 0088-02-9564357 / 9552193

E-MAIL: [email protected] [email protected]

i) JOINT DIRECTOR (FERTILIZER), BADC, BADC BHABAN, AGRABAD, C/A, CHITTAGONG FAX : 0088-031-715851 E-MAIL: iii) BANGLADESH SHIPPING CORPORATION, CHITTAGONG. FAX NO. 00880-031-710506 / 722380 E-MAIL: [email protected], 44. TRIMMING/HATCHES/STEVEDORES:

CARGO SHALL BE LOADED BY SHIPPERS FREE OF RISK AND EXPENSES TO THE VESSEL. SHIPPERS SHALL ONLY PAY FOR THE TRIMMING WHICH THE LOADING FACILITIES CAN ACHIEVE. ANY EXTRA LEVELING, TRIMMING OR FILLING IF REQUIRED BY THE VESSEL’S MASTER, TO BE AT VESSEL / OWNER’S RISK AND EXPENSES. TIME USED FOR THE SAME NOT TO COUNT AS USED LAYTIME OR TIME ON DEMURRAGE. SUCH WORK SHALL BE ACCOMPLISHED BY VESSEL. VESSEL TO FURNISH FULL USE OF TACKLES, CRANES, WINCHES WITH NECESSARY STEAM OR POWER TO OPERATE SMOOTH, FREE OF EXPENSE TO SHIPPERS. OPENING AND CLOSING OF HATCHES AT LOADING PORT SHALL BE FOR VESSEL’S ACCOUNT, PROVIDED LOCAL REGULATION PERMIT. THE MASTER SHALL COVER THE HATCH OF EACH HOLD AS SOON AS LOADING INTO SAME IS FINISHED AND ALSO ALL HATCHES WHEN LOADING IS FINISHED FOR THE DAY, OR AS DIRECTED BY SHIPPERS IF THE WEATHER IS WET, HIGHLY HUMID, DUSTY OR THREATENING. VESSEL’S MASTER SHALL ALSO KEEP COVERED ALL HATCHES IN WHICH LOADING IS NOT ACTUALLY BEING PERFORMED. THE SUPPLIER’S/SHIPPER’S SHALL APPOINT STEVEDORES FOR LOADING, HOWEVER, SUPPLIER’S/SHIPPERS SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE, DEFAULT OR ERROR OF JUDGMENT OF STEVEDORES CLAIM FOR STEVEDORE DAMAGE, IF ANY, TO BE SETTLED DIRECTLY BETWEEN STEVEDORES AND SHIP OWNERS.

45. LOAD PORT AGENT:

THE VESSEL SHALL BE CONSIGNED, FOR HER CARGO AND FOR CUSTOM CLEARANCE, TO THE SHIPPER’S RECOMMENDED FOLLOWING AGENTS: -

SAFI AGENCY PHONE : +212 24 46 21 32 / +212 44 46 21 33 FAX : +212 44 46 27 38

THE SHIP OWNER SHALL PAY AGENCY FEES ACCORDINGLY WITH THE RATES IN FORCE.

OWNER TO ARRANGE REMITTANCE OF ENOUGH FUNDS TO THEIR AGENTS TO COVER D/A WELL BEFORE VESSEL’S ARRIVAL AT LOADING PORT, FAILING WHICH ANY TIME SO LOST FOR






VESSEL WAITING FOR FUNDS TO REACH BANK WILL BE FOR OWNER’S ACCOUNT WHETHER

VESSEL IS ON DEMURRAGE OR NOT.

46. BILL OF LADING:

MASTER TO ISSUE CLEAN BILL(S) OF LADING. MASTER OR AUTHORIZED AGENT TO SIGN AS MANY BILLS OF LADING AS REQUESTED BY THE SHIPPERS.

BILL(S) OF LADING MARKED “FREIGHT PAYABLE AS PER CHARTER PARTY” TO BE RELEASED IMMEDIATELY UPON VESSELS SAILING FROM LOADPORT.

47. OWNERS OR OWNERS AGENTS TO AIR FREIGHT OR AIR MAIL BY COURIER ALL NECESSARY

SHIPPING DOCUMENTS FROM LOADING PORT IMMEDIATELY ON COMPLETION OF LOADING TO CHARTERER’S AGENTS:-

BANGLADESH SHIPPING CORPORATION BSC BHABAN, SALTGOLA ROAD, CHITTAGONG – 4100, BANGLADESH. ATTN: GENERAL MANAGER (CHARTERING & TRAMPING).

48. A. THE QUANTITY OF CARGO AS PER BILL OF LADING SHALL BE DELIVERED AT THE PORT OF

DISCHARGE BY THE MASTER/CHIEF OFFICER OF THE SHIP ON BEHALF OF THE OWNERS AND RECEIVED BY THE REPRESENTATIVE OF THE CHARTERERS. DURING TRANSFER OF TITLE OF THE CARGO FINAL DISCHARGE REPORT (FDR) WILL BE PREPARED AND SIGNED BY THE MASTER/CHIEF OFFICER OF THE SHIP OR REPRESENTATIVE OF OWNERS AND CHARTERERS. FDR SO PREPARED WILL BE FINAL AND BINDING ON BOTH THE PARTIES. INCASE OF DISAGREEMENT THE DAILY TALLY REPORT WILL BE FINAL AND BINDING.

B. VESSEL / OWNERS SHALL REMAIN FULLY RESPONSIBLE TO DELIVER THE B/L QUANTITY

OF CARGO TO THE APPOINTED OFFICER/REPRESENTATIVE/AGENT OF BADC. BADC WILL RECEIVE FERTILIZER ON THE BASIS OF ACTUAL QUANTITY HANDED OVER TO BADC.

49. DEMURRAGE / DESPATCH AT LOADING PORT: DEMURRAGE/DESPATCH AS PER AFRICANPHOS C/P. DEMURRAGE AT LOADING PORT IF ANY,

TO BE PAID TO OWNERS AT THE RATE OF 0.16 US DOLLARS PER GROSS REGISTER TON PER RUNNING DAY (PORTIONS PRORATA).

FOR ALL WORKING TIME SAVED AT PORT OF LOADING. OWNERS TO PAY IN CASH TO SHIPPERS DESPATCH-MONEY AT HALF OF THE DEMURRAGE RATE PER DAY (PORTIONS PRORATA). DESPATCH-MONEY WILL ONLY BE CALCULATED ON TIME SAVED AFTER EXPIRATION OF THE ACTUAL TURN IF ANY. ANY DELAYS WHICH MAY BE ATTRIBUTED TO THE VESSEL OR HER CREW SHALL NOT COUNT AS LAYDAYS.

DEMURRAGE / DESPATCH CLAIM IF ANY TO BE PROCESSED / SETTLED WITHIN 30 DAYS FROM THE DATE OF SIGNING OF BILL OF LADING. DEMURRAGE CLAIM AT LOADING PORT IF ANY TO BE PRESENTED TO THE SUPPLIERS WITHIN 30 DAYS FROM THE DATE OF SIGNING OF BILL OF LADING FAILING WHICH ANY CLAIM WILL BE CONSIDERED AS NULL AND VOID.

SIGNED CHARTER PARTY OF THE PERFORMING VESSEL TO BE SUPPLIED BY THE OWNERS TO

THE SUPPLIERS UPON REQUEST IN ORDER TO GET THE LOCAL AUTHORITIES APPROVAL FOR THE TRANSFER OF EVENTUAL DEMURRAGE INCURRED AT LOADING PORT.

50. DEMURRAGE / DESPATCH AT DISPORT: NO DEMURRAGE / DESPATCH APPLICABLE AT DISCHARGE PORT VIEW DISCHARGE ON LINER

TERMS. 51. CHARTERERS WILL NOT BE RESPONSIBLE FOR ANY FINANCIAL COSTS ACCRUING BECAUSE OF

VESSEL’S INABILITY TO LOAD IN CASE OF WORK STOPPAGE AT THE PORT OR ANY CONGESTION OF VESSELS.



52. COMMISSION : 2.5% ADDRESS COMMISSION TO BE PAID TO BANGLADESH SHIPPING

CORPORATION ON 100% GROSS FREIGHT, DEAD FREIGHT AND DEMURRAGE.

53. FREIGHT PAYMENT: PAYMENT OF FREIGHT TO BE MADE BY CONFIRMED AND IRREVOCABLE LETTER OF CREDIT IN US DOLLAR AS FOLLOWS:-

INITIAL 70% (SEVENTY PERCENT) FREIGHT TO BE PAID AFTER DISCHARGING OF 10% ALLOCATION CARGO AT FIRST DISCHARGE PORT (CHITTAGONG OR SHIROMONI GHAT (KHULNA) VIA MONGLA PORT) AND AFTER DEDUCTION OF 2.50 % COMMISSION OF BANGLADESH SHIPPING CORPORATION ON 100% GROSS FREIGHT. COMMISSION SO DEDUCTED TO BE REMITTED / CREDITED BY L/C NEGOTIATING BANK TO BANGLADESH SHIPPING CORPORATION’S FOLLOWING BANK ACCOUNT WHILE PAYING 70% FREIGHT TO OWNERS/BENEFICIARY :-

USD FREIGHT COLLECTION A/C. (FCA) NO. 260-361076-178 THE HONGKONG AND SHANGHAI BANKING CORPORATION, LIMITED 20 RAFFLE PLACE # 02-00 OCEAN TOWERS SINGAPORE 048620 SWIFT CODE: HSBCSGSG BANK CODE: 7232 BENEFICIARY : BANGLADESH SHIPPING CORPORATION

30% (THIRTY PERCENT) BALANCE FREIGHT TO BE PAID ON COMPLETION OF DISCHARGE AND RIGHT AND TRUE DELIVERY OF B/L QUANTITY UPON ADJUSTMENT OF C & F VALUE OF DAMAGE CARGO, SHORTAGE OF CARGO, LOAD PORT DESPATCH, AND OAIP (OVERAGE INSURANCE PREMIUM) AND ALSO AFTER DEDUCTION OF OTHER ANCILLARY COSTS LIKE-INSURANCE, PRE-SHIPMENT INSPECTION, PORT CHARGES/RIVER DUES ETC. OF SHORTAGE/DAMAGE CARGO. - AT DISCHARGING PORT QUANTITY TO BE ASCERTAINED AS PER FDR. - OWNERS TO PROVIDE FOLLOWING SUPPORTING DOCUMENTS WHILE RECEIVING FREIGHT

PAYMENT :-

A) 70% FREIGHT:

i) FREIGHT INVOICE (in three copies). ii) COPY OF NON-NEGOTIABLE BILL OF LADING. iii) VESSEL’S ARRIVAL CERTIFICATE ISSUED BY THE CARGO RECEIVER, BADC.

B) 30% BALANCE FREIGHT:

i) FREIGHT INVOICE (in three copies). ii) COPY OF FDR AT DISCHARGE PORT . iii) COPY OF SURVEY REPORT SHOWING CONDITION OF CARGO AT THE POINT WHERE

FDR IS PREPARED. iv) DOCUMENTS FOR SETTLEMENT OF DESPATCH / DEMURRAGE AT LOAD PORT AND

DAMAGE CARGO/SHORT LANDING CARGO. v) DOCUMENT SHOWING ADJUSTMENT OF OVERAGE INSURANCE PREMIUM IF ANY.

C) LETTER OF CREDIT CONFIRMATION AND NEGOTIATION AND AMENDMENT CHARGES TO BE

ON OWNERS ACCOUNTS.



54. FORCE MAJURE CLAUSE:

SHOULD LOADING BE RENDERED IMPOSSIBLE IN CONSEQUENCE OF THE STRIKE, LOCK-OUT

OR ANY OTHER CAUSE OF FORCE MAJEURE BEYOND THE SHIPPER’S CONTROL, THE LATTER SHALL GIVE A WRITTEN NOTICE TO HE RECEIVERS / CHARTERERS (BY TELEGRAM IF NECESSARY) AT THE LATEST ON RECEIPT OF THE TELEGRAPHIC NOTICE STIPULATED IN CLAUSE A ABOVE. IF A VESSEL HAS ALREADY TELEGRAPHED THIS NOTICE, THE SHIPPERS SHALL NOTIFY THE RECEIVERS / CHARTERERS OF THE CASE OF FORCE MAJEURE AS SOON AS THIS IS KNOWN TO THEM. AT ANY TIME BEFORE THE VESSEL’S ARRIVAL AT THE PORT OF LOADING, OR BEFORE LOADING COMMENCES, THE RECEIVERS / CHARTERERS MAY NOTIFY TO THE SHIPPERS THEIR INTENTION TO CANCEL THE CHARTER PARTY.

SUCH CANCELLATION SHALL BECOME AFFECTIVE IF, FORTH-EIGHT (48) RUNNING HOURS

FOLLOWING THE RECEIPT OF THIS NOTIFICATION, THE SHIPPERS HAVE NOT DECLARED THAT THEY ARE ABLE TO LOAD. IN CASE THE CHARTER PARTY IS MAINTAINED, TIME SHALL COUNT AS STIPULATED IN CLAUSE E ABOVE, NOTWITHSTANDING THE CASE OF FORCE MAJEURE INVOKED.

AT ANY TIME DURING THE INTERRUPTION OF LOADING OWING TO FORCE MAJEURE, THE

SHIPPERS SHALL HAVE THE OPTION TO CANCEL THE CHARTER PARTY BY A NOTICE OF FORTY-EIGHT (48) RUNNING HOURS TO BE TENDERED TO THE RECEIVERS / CHARTERERS. IF THE VESSEL HAS STARTED LOADING, THE SHIP’S MASTER SHALL HAVE THE OPTION OF SIALING OUT WITH THE QUANTITY ALREADY LOADED, FORTY-EIGHT (48) RUNNING HOURS AFTER THE INTERRUPTION OF LOADING THROUGH FORCE MAJEURE, UNLESS, BEFORE EXPIRY OF THIS DELAY, THE SHIPPERS DECLARE THAT THEY ARE ABLE TO LOAD THE CARGO, THE TIME COUNTING NOTWITHSTANDING THE CASE OF FORCE MAJEURE INVOKED.

UNDER NO CIRCUMSTANCES, THE SHIPPERS SHALL BE HELD RESPONSIBLE FOR PAYMENT OF

ANY DEADFREIGHT IF ONLY A PART CARGO HAS BEEN LOADED. 55. AT LOAD PORT SUPPLIERS / CHARTERERS SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN

PERFORMANCE OF ITS RESPONSIBILITIES HEREUNDER FOR ANY SUCH FAILURE OR DELAY WHICH MAY BE CAUSED BY STRIKES, LOCKOUTS OR OTHER LABOUR DISTURBANCES, RIOTS OR CIVIL COMMOTIONS, WAR OR CONSEQUENCES OF WAR DECLARED OR UNDECLARED, REQUISITION OR THREAT OF REQUISITION, GOVERNMENTAL OR OTHER RESTRAINTS AFFECTING SHIPPING OR IMPORT AND EXCHANGE CONTROLS OR CREDIT OR GOVERNMENTAL AUTHORITY OR AGENCY, ACCIDENTS, FIRE, FLOOD, SEVERE WEATHER OR ANY EXTRAORDINARY OCCURRENCE OF ANY OTHER CAUSES BEYOND CHARTERER’S/SUPPLIERS’S CONTROL.

56. OWNERS/DISPONENT OWNERS MAY SUBSTITUTE VESSEL THROUGH BSC SUBJECT

CHARTERERS / SUPPLIERS / SHIPPERS APPROVAL AND MUST COMPLY WITH TERMS AND CONDITIONS OF TENDER BUT SUCH SUBSTITUTION TO BE DECLARED AT LEAST 3(THREE) DAYS BEFORE COMMENCEMENT OF LAY CAN.

57. TENDER SECURITY

TENDER SECURITY FOR AN AMOUNT OF BDT. 40,00,000/- (FORTY LAC ONLY) IN THE FORM OF PAY ORDER OR DEMAND DRAFT, (BANK GUARANTEE SHALL NOT BE ACCEPTABLE) FROM ANY SCHEDULED BANK IN BANGLADESH TO BE SUBMITTED IN FAVOUR OF BANGLADESH SHIPPING CORPORATION ALONG WITH OFFER. THE TENDER SECURITY IS REFUNDABLE. HOWEVER, THE SAME WILL BE RETURNED TO SUCCESSFUL BIDDER ON SUBMISSION OF PERFORMANCE GUARANTEE BY THE PRINCIPAL.

58. PERFORMANCE GUARANTEE:

10% PERFORMANCE GUARANTEE (IN US DOLLAR) ON 100% GROSS FREIGHT TO BE

SUBMITTED BY OWNERS TO BANGLADESH SHIPPING CORPORATION (IN CHITTAGONG)

THROUGH A SCHEDULED BANK IN BANGLADESH WITHIN 3 BANKING DAYS ON CONCLUSION

OF FIXTURE AND BEFORE SIGNING OF C/P AS PER BANGLADESH SHIPPING CORPORATION’S



PROFORMA. PG WILL BE RELEASED AFTER SATISFACTORY COMPLETION OF THE DISCHARGE

QUANTITY. VALIDITY OF THE PERFORMANCE GUARANTEE SHOULD BE MINIMUM 180 (0NE

EIGHTY) DAYS.

IF THE BIDDER FAILS TO COMPLY WITH THE TERMS & CONDITIONS OF TENDER/CP, THE

PERFORMANCE SECURITY/GUARANTEE SHALL BE FORFEITED WHETHER THE BIDDER

SUFFERED ANY LOSS OR NOT. 59. IF THE OPTION OF CANCELING THIS C/P OR TENDERING NOTICE AFTER THE EXPIRATION OF

LAY-DAYS IS NOT EXERCISED, THE OWNERS/OPERATORS ARE TO BE FULLY RESPONSIBLE FOR ALL CHARGES ATTRIBUTABLE TO THE FAILURE TO TENDER NOTICE BEFORE THE CANCELING DATE OF THE CHARTER INCLUDING BUT NOT LIMITED TO THE CARRYING CHARGES (COVERING INTEREST, STORAGE AND INSURANCE), IN WHICH CASE, IT WILL BE A CONDITIONS OF PAYMENT OF FREIGHT COST THAT OWNERS OR OPERATORS MUST SUBMIT AS PART OF THE DOCUMENTATION “PAID” INVOICES FROM THE SUPPLIERS FOR CARRYING CHARGES OR A CERTIFICATION FROM THE SUPPLIERS THAT CARRYING CHARGES DID NOT ACCRUE.

60. RESTRICTIONS/REGULATIONS ETC AT LOADPORT/DISPORT: OWNERS ARE FULLY AWARE OF AND RESPONSIBLE TO COMPLY WITH RULES / REGULATIONS /

RESTRICTIONS OF LOAD PORT / DISCHARGE PORTS. 61. COMPLIANCE WITH LAWS: OWNERS WARRANT THE VESSEL IS, OR WILL BE PRIOR TO TENDERING ANY NOTICE OF

READINESS, ELIGIBLE FOR TRADING TO THE PORTS AND PLACES SPECIFIED IN TENDER AND IN FULL COMPLIANCE WITH ALL LAWS AND REGULATIONS OF ALL PORT AUTHORITIES AND OF ALL OTHER GOVERNMENTAL AUTHORITIES HAVING JURISDICTION, AS INTERPRETED AND APPLIED BY SUCH AUTHORITIES, WHICH APPLY TO THE VESSEL FOR WHICH REGULATE LOADING OF FERTILIZER AS CONTRACTED. ANY TIME LOST BY FAILURE OF THE VESSEL TO MAINTAIN SUCH ELIGIBILITY OR TO BE IN SUCH COMPLIANCE SHALL NOT COUNT AS USED LAYTIME OR TIME ON DEMURRAGE. ANY EXPENSES TO OBTAIN ELIGIBILITY OR TO COME IN TO COMPLIANCE OR INCURRED DUE TO NON-ELIGIBILITY OR NON-COMPLIANCE SHALL BE FOR OWNERS ACCOUNT. OWNERS WARRANT THAT THE VESSEL HAS NOT ENTERED AND WILL NOT ENTER ANY PORT IN VIOLATION OF ANY APPLICABLE RESTRICTIONS OF ANY GOVERNMENT HAVING JURISDICTION.

62, OWNERS GUARANTEE TO PLACE THE VESSEL AT CHARTERERS NOMINATED LOAD PORT

WITHIN CANCELING DATE. HOWEVER IF THEY FAIL TO PLACE THE VESSEL, ALL STORAGE/CARRYING CHARGES, OTHER RELATED CHARGES AND INTEREST SHOULD BE BORNE BY THE OWNERS, IF CHARTERERS DO NOT EXERCISE OPTION FOR CANCELLATION OF FIXTURE.

63. SUBMISSION OF OFFER : ALL OFFERS MUST BE SUBMITTED IN CLOSED ENVELOPE

IN TENDER BOX TO BE KEPT AT BSC DHAKA OFFICE, “BSC TOWER” (22ND FLOOR), PLOT NO. 2 & 3, RAJUK AVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL COMMERCIAL AREA, DHAKA - 1000.

OFFER THROUGH BSC’S FAX / E-MAIL WILL NOT BE ACCEPTED.

64. LETTER OF AUTHORITY FROM OWNERS/ DISPONENT OWNERS AND PAST PERFORMANCE OF PRINCIPAL:

(I) OFFER MUST BE ACCOMPANIED BY A LETTER OF AUTHORITY FROM OWNERS/ DISPONENT OWNERS IN SUPPORT OF OFFERED VESSEL.

(II) DETAIL BACKGROUND OF PRINCIPAL TO BE SUBMITTED ALONGWITH INCORPORATION/ REGISTRATION CERTIFICATE.



(III) 01 (ONE) YEAR EXPERIENCE OF PRINCIPAL IN CHARTERING BUSINESS OR PERFORMENCE OF SUCCESSFULL COMPLETION OF AT LEAST 02 (TWO) SHIPMENTS ALONGWITH COPY OF RELEVENT CHARTER PARTY (C.P.) TO BE SUBMITTED IN THE FORMAT GIVEN BELOW :

SL NO.

NAME OF THE VESSEL

D.W.T C.P. DATE

ROUTES OF VESSELS

NAME OF THE OWNERS/DISPONENT

OWNERS

65. DOCUMENTS TO BE SUBMITTED ALONGWITH THE OFFER:

A) BID BOND IN THE FORM OF PAY ORDER OR DEMAND DRAFT FROM ANY SCHEDULED BANK IN BANGLADESH. BANK GUARANTEE SHALL NOT BE ACCEPTABLE.

B) AUTHORISATION FROM OWNERS/DISPONENT

OWNERS. C) IN CASE OF DISPONENT OWNERS, DISPONENT

OWNERS TO SUBMIT A LETTER OF AUTHORITY TO PARTICIPATE IN THE TENDER MENTIONING THE NAME AND FULL ADDRESS OF HEAD OWNERS AND CHARTER PARTY DATE.

D) DETAIL BACKGROUND OF PRINCIPAL.

E) BIDDERS WHO WISH TO SUBMIT THEIR OFFER ON

BEHALF OF NEW PRINCIPAL MUST SUBMIT THE NEW PRINCIPAL’S INCORPORATION / REGISTRATION CERTIFICATE. F) 01 (ONE) YEAR EXPERIENCE OF PRINCIPAL IN

CHARTERING BUSINESS OR PERFORMENCE OF SUCCESSFULL COMPLETION OF AT LEAST 02 (TWO) SHIPMENTS. COPY OF RELEVENT CHARTER PARTY (C.P.) OF THE MENTION SHIPMENTS TO BE SUBMITTED.

66. CLOSING TIME & DATE : 11:00 HRS. (BST) ON 28TH NOVEMBER, 2018 AT BSC DHAKA OFFICE, “BSC TOWER” (2ND FLOOR), PLOT NO. 2 & 3, RAJUK AVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL COMMERCIAL AREA, DHAKA - 1000.

67. OPENING TIME & DATE : 11:05 HRS. (BST) ON 28TH NOVEMBER,2018 AT BSC DHAKA OFFICE, “BSC TOWER” (22ND FLOOR), PLOT NO. 2 & 3, RAJUK AVENUE, DAINIK BANGLA CIRCLE, MOTIJHEEL COMMERCIAL AREA, DHAKA - 1000.

68. VALIDITY OF OFFER : OFFER MUST REMAIN VALID FOR 168 HOURS OR 7 DAYS

FROM THE TIME OF OPENING OF OFFERS. 69. OWNERS TO TAKE WAR RISK INSURANCE COVERAGE IF APPLICABLE.

70. ARBITRATION:

ANY DISPUTE RELATING TO THE C/P FOR TRANSPORTATION OF THE CARGO OR BREACH THEREOF SHALL BE SETTLED OR ADJUSTED AMICABLY BY NEGOTIATIONS BETWEEN THE OWNERS AND THE CHARTERERS. IN CASE NO SETTLEMENT CAN BE REACHED, THE DISPUTE SHALL BE REFERRED TO TWO ARBITRATORS ONE OF EACH TO BE NOMINATED BY THE OWNERS AND THE CHARTERERS UPON NOTICE OF TWO WEEKS BY EITHER SIDE, THE ARBITRATOR SHOULD BE A COMMERCIAL MAN. IN CASE OF FAILURE OF THE ARBITRATORS TO ARRIVE AT ON AGREED DECISION THE ARBITRATORS SHALL APPOINT IN WRITING AN UMPIRE WHOSE



DECISION ON THE DISPUTE OR DISPUTES SHALL BE FINAL AND BINDING ON BOTH THE OWNERS AND THE CHARTERERS. THE PROVISION OF THE ARBITRATION ACT 2001 OF BANGLADESH SHALL BE FOLLOWED AND THE VENUE OF THE ARBITRATION SHALL BE DHAKA, BANGLADESH. THE OWNERS AND THE CHARTERERS SHALL BEAR THE COST IN RESPECT OF THEIR RESPECTIVE ARBITRATOR AND THE COST IN RESPECT OF THE UMPIRE SHALL BE BORNE BY THE BOTH THE OWNERS AND THE CHARTERERS EQUALLY.

71. OTHER TERMS AND CONDITIONS : ALL OTHER TERMS AND CONDITIONS AS PER GENCON CHARTER PARTY WITH LOGICAL

AMENDMENTS/ALTERATIONS. 72. ALTERNATIVE AND CONDITIONAL OFFER SHALL BE REJECTED OUTRIGHT. 73. CHARTERERS RESERVE THE RIGHT TO ACCEPT/REJECT ANY/OR ALL OFFERS IN PART OR FULLY

WITHOUT ASSIGNING ANY REASONS WHATSOEVER. 74. THE CHARTER PARTY HAVE TO COMPLETE HANDING OVER THE B/L QUANTITY OF FERTILIZER

TO BADC END WITHIN 40 DAYS (MAXIMUM) FROM THE DATE OF COMMENCEMENT OF DISCHARGING THE CARGO. FAILURE TO DO SO WILL BE TREATED AS POOR PERFORMANCE.

BEST REGARDS CAPT MD MOZIBUR RAHMAN GENERAL MANAGER (CHARTERING & TRAMPING)

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