Updated Hull Fouling Clause clarifies performance suspension trigger
Overview
BIMCO has published an updated version of its widely used Hull Fouling Clause for Time Charter Parties. The new edition more clearly sets out the circumstances and point in time when responsibility for hull cleaning passes from owner to time charterer.
There have been reported occasions when charterers have ordered an anchored ship to steam for several hours in an attempt to “stop the clock counting” on the number of agreed idling days, after which performance warranties are suspended and charterers become responsible for cleaning the hull.
Although it’s not possible to state for every ship what amount of speed and duration is required to remove hull fouling, short movements of just a few hours are not adequate. The revised wording clarifies that for the agreed waiting period to be reset, the ship has to perform a sea passage of sufficient duration and speed to remove the hull fouling. The paint manufacturer’s recommendations may provide some guidance on this – but factors such as the condition and age of the ship’s marine coating and the degree of fouling, also need to be considered.
It is very important for parties to agree on the aggregated idling period after which the ship’s performance warranties will be suspended. The updated edition of the clause retains the 15 days default if the parties don’t specify an alternative number of days. This is purely a safeguard to avoid disputes.
The Hull Fouling Clause for Time Charter Parties 2019 is available to download from BIMCO’s website or from SmartCon’s Clause Library.
Feedback or a question about this information?
Posted:
19 June 2019
VPS Bunker Alerts
Veritas Petroleum Services (VPS) publish regular Bunker Alerts based entirely on fuel samples and have kindly permitted BIMCO’s Members to access this information.
The Bunker Alerts are not intended to be an evaluation of overall bunker quality in the port or area concerned, but usually highlight a specific parameter within the fuel which has raised a quality issue.
Latest ice reports for members
Latest piracy reports
Latest industry releasable threats
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
Summer Shipping School
- Copenhagen, Denmark
- 16 June, 2025
The Summer Shipping School is designed to provide a thorough overview of skills used in chartering and operations through case studies and first-class teaching....
ELSEWHERE ON BIMCO
Contracts & Clauses
All of BIMCO's most widely used contracts and clauses as well as advice on managing charters and business partners.
Learn about your cargo
For general guidance and information on cargo-related queries.
BIMCO Publications
Want to buy or download a BIMCO publication? Use the link to get access to the ballast water management guide, the ship master’s security manual and many other publications.
About a new business partner
We can help members check new business partners. We also help to recover millions of USD (undisputed) funds every year.
