ICE CLAUSE (INTERTANKVOY-76)
In case port or place of loading or discharge should be inaccessible owing to ice, the vessel shall direct her course according to Master's judgment, notifying by telegraph or radio, if available, Charterers, the shipper or consignee, who is bound to telegraph or radio orders for another port, which is free from ice and where there are facilities for the loading or reception of the cargo in bulk. The whole of the time occupied from the time the vessel is diverted by reason of the ice until her arrival at an icefree port of loading or discharge, as the case may be, shall be paid for by Charterers at the demurrage rate stipulated in Part I (j) plus the cost of actual consumption of bunkers less normal bunker consumption in port. If, on account of ice the Master considers it dangerous to enter or remain at any loading or discharging port or place for fear of the vessel being frozen in or damaged, the Master shall communicate by telegraph or radio, if available, with Charterers, the shipper or consignee of the cargo, who shall telegraph or radio him in reply, giving orders to proceed to another port or place as per Clause 21 where there is no danger of ice and where there are the necessary facilities for the loading or reception of the cargo in bulk, or to remain at the original port or place at their risk, and in either case Charterers to pay for the time that the vessel may be delayed, at the demurrage rate stipulated in Part I (j) plus the cost of actual consumption of bunkers less normal bunker consumption in port.
GENERAL AVERAGE. JASON CLAUSE (BEEPEEVOY)
General Average shall be adjusted in London and payable according to the York/Antwerp Rules 1950.
If notwithstanding Clause it is agreed that General Average adjustment be made in accordance with the law and practice of the United States of America, the following clause shall apply: In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible, by statute, contract or otherwise, the cargo, shippres, consignees or owners of the cargo shall contribute with the carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special sharges incurred in respect of the cargo. If salving ship is owned or operated by the carrier, salvage shall be paid for as if the said salving ship or ships belonged to strangers. Such deposit as the carrier or his agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the cargo to the carrier before delivery.
BOTH TO BLAME CLAUSE (INTERTANKVOY-76)
If the liability for any collision in which the vessel is involved performing this Charter-Parry falls to be determined in accordance with the laws of the United States of America, the following clause shall apply. "If the vessel comes into collision with another vessel as a result of the negligence of the other vessel and/or any act, neglect or default of the Master, mariner, pilot or the servants of Owners in the navigation or in the management of the vessel, the owners of the cargo carried hereunder will indemnify Owners against all loss or liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of the said cargo, paid or payable by the other or non-carrying vessel or her owners of the said cargo and set off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessels or Owners. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect to a collision or contact", and Charterers shall procure that all bills of lading issued under this Charter-Party shall contain this clause.