Gencon 94 PART II-中英文分段互译(1)

 


PART II

“Gencon” Charter (As Revised 1922,1976 and 1994)

 

1.       It is agreed between the party mentioned in Box 3 as the Owners of the Vessel named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number of metric tons of deadweight capacity all told on summer loadline stated in Box 7, now in position as stated in Box 8 and expected ready to load under this Charter Party about the date indicated in Box 9, and the party mentioned as the Charterers in Box 4 that:

The said Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and complete cargo (if shipment of deck cargo agreed same to be at the Charterers’ risk and responsibility) as stated in Box 12, which the Charterers bind themselves to ship, and being so loaded the Vessel shall proceed to the discharging port(s) or place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto as she may safely get and lie always afloat, and there deliver the cargo.

1.       兹由第3条所列的下述船舶的所有人与第4栏所指的承租人,双方协议如下:船舶名称见第5,总吨/净吨见第6,按夏季载重线确定的全部载重量公吨数见第7,现在动态见第8,根据本租船合同预计准备装货的大约日期见第9.

上述船舶在其先前义务履行完毕后,应立即驶往第10栏所列的装货港口或地点,或船舶能安全抵达并始终浮泊的附近地点,装载第12栏所列的货物,满舱满载.(如协议装运甲板货,则由承租人承担风险和责任).承租人须自己负责装运该货.船舶经装载后,应驶往第11栏所列,在签发提单时指定的卸货港口或地点,或船舶能安全抵达并始终浮泊的附近地点,交付货物.

2. Owners’ Responsibility Clause 15

The Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods only in case the loss, damage or delay has been caused by personal want of due diligence on the part of the Owners or their Manager to make the Vessel in all respects seaworthy and to secure that she is properly manned, equipped and supplied, or by the personal act or default of the Owners or their Manager.

And the Owners are not responsible for loss, damage or delay arising from any other cause whatsoever, even from the neglect or default of the Master or crew or some other person employed by the Owners on board or ashore for whose acts they would, but for this Clause, be responsible, or from unseaworthiness of the Vessel on loading or commencement of the voyage or at any time whatsoever.

2.所有人责任条款

所有人对货物的灭失,损坏或延迟交付的责任限于造成灭失,损坏或延迟的原因是由于所有人或其经理人本身未尽适当谨慎使船舶各方面适航,并保证适当配备船员,装备船舶和配备供应品,或由于所有人或其经理人本身的行为或不履行职责.

所有人对由于其他任何原因造成的货物灭失,损坏或延迟不负责,即使是由于船长或所有人雇佣的船上或岸上的其他人员的疏忽或不履行职责造成的,如无本条规定,所有人可能须对他们的行为负责,或是由于船舶在装货或开航当时或其他任何时候不适航所造成.

3. Deviation Clause

The Vessel has liberty to call at any port or ports in any order, for any purpose, to sail without pilots, to tow and/or assist Vessels in all situations, and also to deviate for the purpose of saving life and/or property.

3.绕航条款

船舶有权为任何目的以任何顺序挂靠任何港口,没有引航员在船也可航行,在任何情况下拖带和/或帮助他船,亦可为拯救人命和/或财产而绕航.

4. Payment of Freight

(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the intaken quantity of cargo.

(a)运费应按第13栏所列费率,根据装船货物的数量计算,以现金支付.

(b) Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be deemed earned and non-returnable, Vessel and/or cargo lost or not lost.

Neither the Owners nor their agents shall be required to sign or endorse bills of lading showing freight prepaid unless the freight due to the Owners has actually been paid.

(b) 预付.如按第13,运费是在装船时支付,则应视为运费已经收取并且是不可退还的,而无论船舶和/或货物是否发生灭失.

如果应支付给所有人的运费尚未实际支付则不能要求所有人或其代理人签发或背书表明运费已经预付的提单.

(c) On delivery. If according to Box 13 freight, or part thereof, is payable at destination it shall not be deemed earned until the cargo is thus delivered. Notwithstanding the provisions under (a), if freight or part thereof is payable on delivery of the cargo the Charterers shall have the option of paying the freight on delivered weight/quantity provided such option is declared before breaking bulk and the weight/quantity can be ascertained by official weighing machine, joint draft survey or tally.

Cash for Vessel’s ordinary disbursements at the port of loading to be advanced by the Charterers, if required, at highest current rate of exchange, subject to two (2) per cent to cover insurance and other expenses.

(c) 到付. 如按第13,运费或部分运费在目的地支付,则在货物按按这种方式交付之前,不应认为运费已经收取.尽管有(a)款规定,如果运费或部分运费在交付货物时支付,承租人应有选择按交付货物的重量/数量支付运费的权利,只要这种选择是在散货分解之前宣布的,并且该重量/数量可由公认的衡重仪器,共同查验单据或理货加以确定.

如经要求,承租人应现金垫付船舶在装货港的经常费用,而按最高兑换率折合并附加2%抵偿保险费和其他费用。

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