We would suggest the following speed and consumption clause for Quick and Fair dispute settlement.
- 1.1Owners warrant that the vessel is and shall remain capable of maintaining, throughout the duration of this charter party, a speed of about XXX knots at a consumption of about XXX metric tons / day of fuel oil and about XXX metric tons of diesel oil / day, except in periods of bad weather. Speed “about” is defined as 0.5 knots downwards and bunker “about” 5% upwards in calculating over-consumption but no allowance in fuel under - consumption.
- 1.2For the purpose of this clause, good weather will be defined as winds up to and including Beaufort Force 4 and / or seas significant wave height up to and including 2.0 meters.
- 1.3Charterers shall supply Weathernews' Oceanrouteing service to the Master during voyages specified by the Charterers and the Master shall comply with the daily reporting procedure of the Oceanrouteing service.
- 1.4Owners and Charterers agree that evidence of the weather, seas and currents shall be taken from Weathernews' independent reports, which are accepted by Owners and Charterers as binding. In determining ship performance speed, a good weather current factor shall be taken into account.
- 1.5In the event of an alleged breach of the speed and consumption warranty in clause 1.1 of this charterparty, the time loss and bunker consumption calculation for each voyage shall take into account the ship's speed and consumption calculated on the basis of good weather analysis with wind, seas and current factor analyzed by Weathernews.
- 1.6In the event of a dispute between the parties as to the amount to be credited to Charterers (if any) for alleged under-performance and / or over-consumption:
- the parties agree to refer the dispute to mediation by a mediator to be agreed between themselves or, in default of agreement, nominated by Weathernews;
- if the dispute has not been resolved within one month of mediation then the parties agree that the dispute be referred to a sole arbitrator to be agreed by themselves or, in default of agreement, nominated by Weathernews, in either case in accordance with the LMAA Small Claims Procedure.
Remarks: Bold parts indicate parts which can be changed by clients.
Suggested Speed and Consumption Clause (8KB)
