October 2, 2020 By admin 0


By publishing BARECON , BIMCO hopes to bring the industry-standard bareboat charterparty terms fully up to date, reflecting commercial. BIMCO has recently published its new BARECON following a review of its being a timely intervention by BIMCO, required to bring the version into. One of BIMCO’s most widely used documents. › Revision scope; general update and modernisation. › Drafting committee;. – Ajay Hazari, Anglo-Eastern.

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As this imposes a severe restriction on the charterers’ rights, BIMCO has decided to extend the obligations on the owners in relation to the condition of the vessel on delivery. Your Message Providing us with as much detail as possible will help us to deal with your enquiry quickly. Home eAlerts Barecon – Ringing in the Changes.

Whilst several new features are included, the basic structure of the form remains the same and it should still be suitable for bareboat charters for a variety of transactions and assets. Although the time of delivery is the latest point at which the charterers can raise claims relating to the condition of the vessel, an exception is made for “latent defects” — defined in BARECON unlike earlier versions of the form as defects “which could not be discovered on such an examination as a reasonably careful skilled person would make”.

Familiarisation BARECON has a new clause allowing the charterers to “place a maximum of two 2 representatives on board the Vessel at their sole risk and expense” for “a reasonable period prior to delivery of the Vessel”.

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Barecon – Ringing in the Changes

The latent defects must, however, manifest themselves within a fixed period after delivery if they are to form the basis of a claim against the owners. No specific formula for the cost-sharing was ever included in the form, leading to uncertainty and potential disagreement.

New class and regulatory requirements: A requirement for the charterer to gross-up its payments in case of withholdings was previously often included in rider clauses, but is now expressly set out in the standard text. This removes an element of uncertainty in the drafting. Lines are open The revised optional Part III regarding newbuilding vessels also includes some important amendments.


Condition on delivery BARECON maintains the position under the form that the charterers cannot claim against the owners for not meeting any conditions, representations or warranties in relation to the vessel once delivery has taken place.

Maintenance BARECON had prescribed that, in the event of any structural changes or new equipment becoming necessary for the continued operation of the vessel by reason of new Class requirements or by compulsory legislation, the cost of compliance would if above a certain level be shared between the parties in such bmco way as to achieve “a reasonable distribution” of the cost between them, bearing in mind the length of the period remaining under the charter badecon.

However, whilst the owners previously only had an obligation to exercise “due diligence” to satisfy these requirements, compliance is now made an absolute obligation which may increase the owner’s liability should the vessel fail to meet the requirements. Different versions of the formula apply depending on barscon the modification will remain to the end of the expected lifespan of the vessel, or only for a shorter period.

If you agree to this use of cookies please click any button to continue using our website. We use cookies to see how our website is being used, to help us to improve it and if applicable, to allow us to recognise your login details and country preferences. Contact IT support on: Latent defects Owners are still liable for the cost of repairs arising out of latent defects. Filter Filter by type Contract Delivery condition The shipowner now owes an absolute obligation to deliver the vessel in a seaworthy condition, as opposed to being obliged to exercise due diligence to make the vessel seaworthy on delivery.

Hot off the press The charterer is now allowed to place two representatives on board the vessel for barecin purposes for a reasonable period prior to delivery under the charter.

Barecon 2017 – Ringing in the Changes

Standard Escrow Agreement for Disputes 1. Our combination of practice excellence and deep industry expertise provides a distinct competitive advantage to our clients, bringing together legal expertise, commercial insight and close professional support. Stay up to date? Related Content Articles Publications All Articles Events Publications. While it is expected that parties will continue to adapt and amend BARECON to reflect their specific circumstances, the contract is now much clearer and easier to read and remains relevant for a wide range of bareboat charter situations.


Considering that the shipping and offshore industry is subject to an increasing number of regulatory requirements, in particular related to environmental issues, this change will likely be of significant practical importance.

The charterers and their representatives are required to sign “the Owners’ usual letter of indemnity prior to embarkation”. In its explanatory comments accompanying the new form, BIMCO says that “the representatives are there to familiarise themselves with the ship but without interfering with its operation”.

Charterers would be well-advised to ensure that an inspection is carried out before delivery to take advantage of this protection. BARECON is a bareboat charter where the charterer obtains possession and full control of the vessel along with the legal and operational responsibility for it.

Right to extend — the charterer has the right to extend the charter period, at a charter rate which is to be pre-agreed.

BARECON – a broad brush revision of a widely used form

varecon The parties have a choice: Trond Eilertsen Bimc tei wr. Your message was sent successfully! Redelivery Late redelivery by charterers now results in the payment of an enhanced hire rate. The parties are now required to expressly state the number of day’s approximate and definite notices to be given as the standard fall-back position in BARECON of 30 days’ preliminary and 14 days’ definite notice have been removed in this latest iteration of the form.

Press release Priority news Contract Bunkers. Novation Agreement for Shipbuilding Contracts. The starting point is that the costs of the required modification up to an agreed amount shall be baercon the charterer’s account.

Delivery of the vessel under a bareboat charter is a key milestone, as after it has accepted delivery, the charterer is generally prevented from asserting any claims based on the condition of the vessel. Only two Panamax bulkers demolished in Reflections The second alternative is based on a formula with three main scenarios: The insurance and repair provisions are split out and made more easily accessible.

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