“Freight claims between owners and charterers are fully regulated, secured, shared and paid in accordance with the provisions of the Inter-Club New York Produce Exchange Agreement 1996 (as amended in 2011) or subsequently amended or replaced. This clause prevails over all other clauses or clauses of this charter party that purport to include any other version of the Inter-Club New York Produce Exchange Agreement in this charter party. The new “security provision” is contained in Clause 9 of this 2011 agreement. This agreement was reached on 1 September 1996 between the clubs, which are members of the International Group of P-I Associations (`clubs`). As the new agreement will come into effect on September 1, 2011, we recommend that you include it in all NYPE and Asbatime charter lots. A copy of the 1996 Inter-Club Agreement is attached. It will come into force on September 1, 1996. INTER-CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT 1996 According to this new provision, as soon as one of the parties to the charter party has put in place a guarantee for a right to freight, provided that the deadlines set out in Clause 6 of the agreement have been met, the right to guarantee is based on reciprocity. Inter-Club New York Produce Exchange Agreement 1996 (91 KB) Although the New York Produce Exchange Form (NYPE) has been widely used for many years, the freight liability provisions do not allow owners and charterers to share responsibility for freight rights. More than 25 years ago, the International Group Clubs agreed on a relatively simple formula for sharing cargo requests that they would recommend to their members. The NYPE Inter-Club agreement appears to have become an industry standard in that NYPE Charterparties now regularly regulates the billing of freight rights between owners and charterers, in accordance with the agreement`s formulas. Clubs recommend without restriction to their members to accept the agreement for the distribution of liability for claims relating to charges resulting from or in connection with all parties to the charter on the New York Produce Exchange Form 1946 or 1993 or Asbatime Form 1981 (or a subsequent modification of these forms), whether or not that agreement was included in such charter parts. c.
Subject to a) and b) claims for default or overcharging: a. any legal costs claimed by the original person asserting this right; unless there is irrefutable and irrefutable evidence that the claim arose from the plundering or act or negligence of one or the other (including its agents or subcontractors), in which case that party supports 100% of the law. ii. which would have been approved under the charter, but for the inclusion in this transport contract of provisions relating to transit or combined transport . b. freight liability clauses were not substantially changed during the charter holiday.