| Summary: | 碩士 === 國立臺灣海洋大學 === 航運管理學系 === 107 === Time Charter is a situation in which a vessel is rented for a particular period of time. The owner provides crew, which comes with the vessel to the charterer, and takes charter hire as remuneration. Since time charters involve the use and transfer of the bunker, and the performance of the ship as well; plus the bunker prices have been skyrocketing these days, in order to avoid unnecessary disputes, the contractual parties are now paying more attention to bunker related clauses than ever before.
In the maritime practice, contracts are usually based on standard forms; NYPE charterparty is one of the most commonly applicable standard forms when it comes to time charter. The latest two revisions of NYPE chartyparty were introduced in 1993 and 2015 respectively. Along with the changing times, business practices, shipping industry trends and environmental regulations have been different. NYPE 93 and NYPE 2015 are also significantly different; among all the differences between the two versions, the rewriting of bunker related clauses is most obvious. Referring to the explanatory note from BIMCO, this article interprets the bunker related clauses of NYPE 2015, then analyses the differences between NYPE 93 and NYPE 2015, and makes recommendations accordingly. For the contractual parties of time charter and chartering brokers, the results of this study could be regarded as a reference when making chartering decisions. The conclusions are briefly shown as follows:
1.Bunker related components in the latest NYPE charterparty include: clause 9 “Bunker”, clause 12 “Speed and Consumption”, clause 30 “Hull Fouling” and clause 38 “Slow Steaming”.
2.The newest bunker related clauses defines the rights of the contractual parties more clearly, plus the operating specifications are more detailed and complete.
3.When adopting the NYPE 2015 bunker related clauses, adjustments shall be made according to actual conditions, contractual parties shall increase or decrease the terms depending on the actual situation.
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