Maritime Law 《海商法》英文课件1.ppt

Payment for hire An express term of the charterparty normally specifies the time，place and frequency of payments of hire, together with the currency in which the hire is to be paid．The amount of hire payable is normally fixed at a certain rate for a specified period of time，ranging from 24 hours to 30 days or a calendar month．Instalments of hire are then expressly made payable every 15 or 30 days．In view of the fact that such instalments of hire are intended to be paid over a lengthy period of time they are particularly susceptible to the risk of inflation and currency fluctuations．In an attempt to minimise these risks , it is not uncommon for time charters to include ‘currency clauses’，providing for a fixed rate of exchange between the currency of payment and other relevant currencies and ‘escalator clauses’ which enable the hire rate to be adjusted in line with rises in vessel operating costs. A typical example of a basic hire clause is provided by clause 6 of the Baltime (1939) form： ‘The charterers to pay as hire：．．．per 30 days, commencing in accordance with clause 1 untill her redelivery to the owners．Payment of hire to be made in cash, in…without discount，every 30 days, in advance．’ Mardorf Peach Co. Ltd.v. Attica Sea Carriers Corporation of Liberia: The “Laconia” [1977] 1 All E.R. 545 A vessel was chartered to the charterers under a time charter-party stating that hire was to be paid in cash semi-monthly in advance, and that “failing the punctual and regular payment of the hire” the shipowners were to beat liberty to withdraw the vessel from the charterers’ service. The charterers tendered payment one day late, and the shipowners withdrew the vessel. Question? 1.Were the shipowners entitled to withdraw the vessel? Clause 15, NYPE ‘That in the event of the loss of time from deficiency of men or stores, fire, breakdown or damages to hull machinery or equipment，grounding，detention by average accidents to ship o