Shipman2009

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SHIPMAN 2009 – EXPLANATORY NOTES
1
Comparison between SHIPMAN 2009 and SHIPMAN 98
The following table sets out a comparison between the text of SHIPMAN 2009 and SHIPMAN 98. The clauses of each agreement are laid out side by side to indicate where provisions from SHIPMAN 98 have been moved as part of the re-structuring of the agreement in SHIPMAN 2009. Notes accompany each clause explaining the reasoning behind any amendments and additions that appear in SHIPMAN 2009. Part I

A comparison of the Part I box layout of SHIPMAN is not included as the format of Part I remains largely unchanged from SHIPMAN 98. However, there are several notable changes to the box layout:
Box 5 – this is a new and very important box which the parties must take great care to fill in correctly. It deals with the identity of the “Company” under the agreement for ISM/ISPS purposes. (See item on definitions below).

Boxes 10, 11 and 12 – these boxes all deal with insurances under SHIPMAN 2009 and it is essential that users make a careful reading of the agreement to ensure that the proper entries are made in these boxes when optional choices of insurance are made. Box 10 deals with crew insurance s; Box 11 with general insurance arrangements under the agreement; and Box 12 provides for the parties to agree on optional additional insurances such as K&R and F, D&D. Part II

Sections
For ease of reading, the revised SHIPMAN has been divided into five distinct sections each containing a specific “basket” of common provisions. In keeping with this structure the various optional services under SHIPMAN now appear as separate free-standing clauses within the “Services” section – to make it clear to the owners that they may choose any one or more of the management services offered. The Sections are as follows: Section 1 – Basis of the Agreement

Section 2 – Services
Section 3 – Obligations
Section 4 – Insurance, Budgets, Income, Expenses and Fees
Section 5 – Legal, General and Duration of Agreement
Copies of this explanatory note are also available to download from BIMCO’s website at www.bimco.org. Electronic editable copies of SHIPMAN 2009 can be obtained by subscribing to BIMCO’s online contract editing system, idea – see the products tab of www.bimco.org for more details.

SHIPMAN 2009 – EXPLANATORY NOTES
2
SHIPMAN 2009 SHIPMAN 98 NOTES
SECTION 1 – Basis of the Agreement
1. Definitions
In this Agreement save where the context
otherwise requires, the following words and
expressions shall have the meanings hereby
assigned to them:
“Company” (with reference to the ISM Code
and the ISPS Code) means the organization
identified in Box 5 or any replacement
organization appointed by the Owners from
time to time (see Sub-clauses 9(b)(i) or 9(c)(ii),
whichever is applicable).
“Crew” means the personnel of the numbers,
rank and nationality specified in Annex “B”
hereto.
“Crew Insurances” means insurance of
liabilities in respect of crew risks which shall
include but not be limited to death, permanent
disability, sickness, injury, repatriation,
shipwreck unemployment indemnity and loss
of personal effects (see Sub-clause 5(b) (Crew
Insurances) and Clause 7 (Insurance
Arrangements) and Clause 10 (Insurance
Policies) and Boxes 10 and 11).
“Crew Support Costs” means all expenses of a
general nature which are not particularly
1. Definitions
In this Agreement save where the context
otherwise requires, the following words and
expressions shall have the meanings hereby
assigned to them
“Owners” means the party identified in Box 2.
“Managers” means the party identified in Box 3.
“Vessel” means the vessel or vessels details of
which are set out in Annex “A” hereto.
“Crew” means the Master, officers and ratings
of the numbers, rank and nationality specified
in Annex “B” hereto.
“Crew Support Costs” means all expenses of a
general nature which are not particularly
referable to any...
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