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New BIMCO Clause challenges ‘RIGHTSHIP approval’ provisions use

Dry Bulk Marine Risk Assessment Clause for Time Charter Parties A new standard clause published by BIMCO challenges the widespread use of so-called "Rightship approval" provisions commonly inserted into time charter parties. Dry cargo shipowners have for some time been under pressure to accept "home-made" clauses that oblige them to warrant that their ship will be "Rightship approved" throughout the term of the charter party.In reality, the Rightship vetting agency does not issue and never has issued period approvals for vessels. Instead, their dynamic system relies on publicly available information about merchant vessels to provide a "snapshot" recommendation of a vessel for a particular voyage based on data currently held on their databases.To help owners and operators avoid falling into the trap of warranting continuing compliance by their vessel when factors affecting its status at any given time may be outside their control, BIMCO has prepared a clause setting out a contractual regime for the application of marine risk assessments. Key to the clause is that while the charterers have every right to conduct desk-top based risk assessments to assess the suitability of the vessel for prospective employment, the owners do not warrant the acceptability of the vessel. This means ...

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RightShip Inspection Follow Up Updates

RightShip's ship inspection and reporting procedures Following discussions initiated by the Union of Greek Shipowners with RightShip and facilitated by Lloyds Register, LR issued a news update to confirm RightShip's ship inspection and reporting procedures as follows:A dry cargo ship inspection will be carried out by RightShip inspectors either when recommended by RightShip or when requested by the ship operator.On completion of any inspection, the RightShip Ship Inspection Report, if listing any deficiencies, and following RightShip's review and assessment, will then be sent to the ship operator for review, comments and to advise what actions will be taken by the operator to address any deficiencies.Reported deficiencies that are considered to be of a serious nature and of a potential impact to the safety of the ship, the crew and or the environment shall have to be brought by the operator to the attention of the relevant classification society or flag administration as appropriate and are to be dealt with to the satisfaction of class / flag.Confirmation and evidence of action taken to address any deficiencies will be provided to RightShip in order to close these deficiencies accordingly.It is evident from the above that in case of any serious deficiency the ...

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