Bunkering Prior to Delivery/Redelivery Clause 2011
Overview
In October 2009 BIMCO initiated a project to develop a suite of standard bunker clauses for use in time charter parties. The rationale behind developing the suite is simply to address the ever increasing importance of bunker issues in time charter parties and the need to ensure that the risk of bunker disputes is minimised by clearly worded clauses that reflect legislative developments. The Suite of Clauses was adopted by BIMCO’s Documentary Committee at its meeting in Vancouver in June 2011. The Suite provides clauses covering matters relating to delivery/redelivery bunkers; bunkering operations; sampling; fuel testing programmes; and ECA trading, all of which are matters that are frequently absent from or insufficient in many standard time charter parties. Many older time charter forms contain bunker clauses covering the fundamental principles under the charter, but simply do not contemplate today’s situation where vessels are required to carry and use several grades of fuel and where sampling and testing regimes are an integral part of the process.
Bunkering Prior to Delivery/Redelivery Clause 2011
BIMCO Bunkering Prior to Delivery/Redelivery Clause 2011
Provided that it can be accomplished at ports of call, without hindrance to the working or operation of or delay to the Vessel, and subject to prior consent, which shall not be unreasonably withheld, the Owners shall allow the Charterers to bunker for their account prior to delivery and the Charterers shall allow the Owners to bunker for their account prior to redelivery. If consent is given, the party ordering the bunkering shall indemnify the other party for any delays, losses, costs and expenses arising therefrom.
Explanatory notes
Background
In October 2009 BIMCO initiated a project to develop a suite of standard bunker clauses for use in time charter parties. The rationale behind developing the suite is simply to address the ever increasing importance of bunker issues in time charter parties and the need to ensure that the risk of bunker disputes is minimised by clearly worded clauses that reflect legislative developments. The Suite of Clauses was adopted by BIMCO’s Documentary Committee at its meeting in Vancouver in June 2011.
The Suite provides clauses covering matters relating to delivery/redelivery bunkers; bunkering operations; sampling; fuel testing programmes; and ECA trading, all of which are matters that are frequently absent from or insufficient in many standard time charter parties. Many older time charter forms contain bunker clauses covering the fundamental principles under the charter, but simply do not contemplate today’s situation where vessels are required to carry and use several grades of fuel and where sampling and testing regimes are an integral part of the process.
It is not the intention that BIMCO’s Suite of Bunker Clauses should be a direct replacement for the existing bunker clauses in a time charter - there is, for example, no intention to deal with the actual pricing or quantities of bunkers, as this will already be dealt with. What the Suite offers is a means of supplementing standard time charters with bunker provisions that are missing or poorly worded. Each clause within the Suite is designed to be self-standing and independent of the other clauses in the Suite. As always, users should be careful when incorporating any additional clauses so that the new clauses do not conflict with existing provisions.
The current suite of standard bunker clauses for use in time charter parties consists of:
- 2020 Marine Fuel Sulphur Content Clause for Time Charter Parties
- Bunkering Prior to Delivery/Redelivery clause
- Bunkering Operations and Sampling Clause
- Bunker Quality and Liability clause
- Fuel Testing Programme clause
- Types and Quantities of Bunkers on Redelivery clause
Explanatory notes
The following explanatory notes provide some background to the thinking behind the Bunkering Prior to Delivery/Redelivery clause.
This Clause provides for the bunkering of the vessel by the charterers immediately prior to delivery or by the owners prior to redelivery – provided the bunkering operation does not in any way interfere with or cause delay under the current charter (particularly in the case of bunkering prior to delivery). Each party is to bunker for their own account and indemnify the other for any delays, losses, costs and expenses that occur as a result of the bunkering.
It should be noted that this is a mutual provision – each party consenting to the other party to allow bunkering prior to delivery/redelivery. Although the prior consent of the other party to bunkering before delivery needs to be obtained, this consent is “not to be unreasonably withheld” – i.e. it should reflect common commercial practice – so any refusal by either party must be on “reasonable” grounds.
Originally published in BIMCO Special Circular No. 4, 4 November 2011 (Updated 25 June 2014) - BIMCO Suite of Bunker Clauses for Time Charter Parties
Related Help & Advice
Create or edit a contract
The one-stop digital shop for all the standard maritime contracts and clauses you’ll ever need.
Related publication
Check Before Fixing
This publication builds upon decades of BIMCO’s experience as the world leader in developing standard shipping contracts and clauses and its daily practic...
Related training
Time Charters Masterclass Online
- Online, Online
- 24 February, 2025
Time Charters Masterclass Online is a series of 10 online sessions delivered over 5 days. Each day will run for 120 minutes with a short break in between and wi...
Latest Related News
-
IBIA and BIMCO team up to collaborate on fuel and maritime challenges
IBIA - The International Bunker Industry Association and BIMCO have signed a Memorandum of Understanding (MoU) to collaborate on some of the monumental challenges and opportunities within the areas of bunker, marine energy and maritime sectors and help facilitate shipping’s decarbonisation efforts.
-
VPS Bunker Alerts
Veritas Petroleum Services (VPS) publish regular Bunker Alerts based entirely on fuel samples. The bunker samples are analysed by VPS whenever a short-term quality issue is identified in a specific port or region.
-
BIMCO adopts portfolio of four ETS clauses
The shipping industry is facing an increase in new regulations from the International Maritime Organization (IMO) and the European Union (EU) and an increase in the urgency to decarbonise. To support the industry, BIMCO has developed a portfolio of new emission trading scheme (ETS) clauses.
-
BIMCO adopts new CII clause for Voyage Charter Parties
The shipping industry is facing an increase in new regulations from the International Maritime Organization (IMO) and the European Union (EU) and an increase in the urgency to decarbonise. To support the industry, BIMCO has developed a new CII Clause for Voyage Charter Parties. The clause was adopted by BIMCO’s Documentary Committee on 11 October and is the latest addition to BIMCO’s portfolio of carbon clauses.
-
BIMCO’s CII clause adopted
The BIMCO Documentary Committee has adopted a CII Operations Clause for Time Charter Parties which will help the industry commercially navigate the complexities of the new CII regulations from the International Maritime Organization (IMO).
ELSEWHERE ON BIMCO
Holiday calendar
BIMCO's Holiday Calendar covers general holidays in over 150 countries, plus local holidays and working hours in more than 680 ports around the world.
Learn about your cargo
For general guidance and information on cargo-related queries.
