The Charter Agreement serves as the primary contractual document for vessel chartering arrangements under Malaysian jurisdiction. This document is essential when a party (charterer) wishes to hire a vessel from its owner for a specific period or purpose. The agreement comprehensively covers vessel specifications, operational parameters, financial terms, and risk allocation between parties. It must comply with Malaysian maritime law, including the Merchant Shipping Ordinance 1952 and related regulations, while also considering international maritime conventions. The Charter Agreement is particularly crucial for businesses involved in maritime trade, offshore operations, or requiring vessel services for specific projects, as it provides legal protection and clear operational guidelines for all parties involved.
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1. Parties: Identification of the shipowner and charterer, including full legal names, registration details, and addresses
2. Background: Context of the charter arrangement and brief description of the parties' intentions
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Vessel Details: Comprehensive description of the vessel, including specifications, classification, and certificates
5. Charter Period: Duration of the charter, including delivery and redelivery terms
6. Charter Hire: Payment terms, hire rate, and payment schedule
7. Vessel Operation and Management: Responsibilities for vessel operation, crew, and management
8. Trading Limits: Geographical areas where the vessel is permitted to operate
9. Bunkers and Consumables: Terms regarding fuel, oils, and other consumables
10. Insurance and Liability: Insurance requirements and allocation of risks between parties
11. Maintenance and Repairs: Responsibilities for vessel maintenance and repair procedures
12. Health, Safety and Environment: Compliance with health, safety, and environmental regulations
13. Force Majeure: Provisions for unforeseen circumstances and their handling
14. Termination: Conditions and procedures for agreement termination
15. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details
16. Notices: Communication procedures and contact details for official notices
17. Entire Agreement: Confirmation that the document represents the complete agreement between parties
1. Off-hire Provisions: Specific conditions when the vessel may be considered off-hire, used in time charter agreements
2. Special Equipment: Terms regarding specialized equipment if the vessel carries specific gear or machinery
3. War Risks: Additional provisions for operating in high-risk areas, if applicable
4. Ice Clause: Special provisions for operation in ice conditions, if relevant to the trading area
5. Sanctions Clause: Compliance with international sanctions, particularly relevant for international trade
6. Pest Control: Special provisions for pest control measures, particularly relevant for bulk cargo vessels
7. Internet and Communications Equipment: Provisions regarding onboard communication systems and internet access
8. Environmental Performance: Specific environmental performance requirements beyond standard regulations
9. Ballast Water Management: Specific requirements for ballast water management if operating in sensitive areas
1. Schedule 1 - Vessel Specifications: Detailed technical specifications of the vessel
2. Schedule 2 - Vessel Certificates: List and copies of all required certificates
3. Schedule 3 - Condition Survey: Detailed report of vessel condition at delivery
4. Schedule 4 - Inventory of Bunkers and Consumables: Detailed list of fuel, oils, and consumables at delivery
5. Schedule 5 - Insurance Policies: Details of required insurance coverage
6. Schedule 6 - Crew List and Qualifications: Details of crew members and their certifications
7. Schedule 7 - Trading Certificates: Copies of certificates required for intended trading areas
8. Schedule 8 - Form of Hire Statement: Template for monthly hire calculations and statements
9. Appendix A - Port Restrictions: List of ports and any specific restrictions or requirements
10. Appendix B - Emergency Response Procedures: Detailed emergency protocols and contact information
Relevant legal definitions
Clauses
Relevant Industries
Maritime
Shipping
Logistics
International Trade
Oil & Gas
Mining
Agriculture
Manufacturing
Energy
Construction
Relevant Teams
Legal
Operations
Commercial
Finance
Risk Management
Compliance
Technical
Marine Operations
Charter Operations
Insurance
Contract Administration
Relevant Roles
Maritime Lawyer
Ship Manager
Charter Manager
Commercial Director
Operations Manager
Fleet Manager
Risk Manager
Compliance Officer
Technical Superintendent
Chief Financial Officer
Contract Administrator
Marine Superintendent
Insurance Manager
Port Captain
Vessel Operator
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