Underwater hull bio fouling solutions and treatment cleaning and polishing with diving photo video...

The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group

45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com

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HULL BIO-FOULING Causes and Consequences

Solutions and Treatment

WHAT IS HULL FOULING?

• Bio-fouling

• The accumulation of marine growth on the underside and sides of ships.

• Three types depending on temperature and water quality.

• Shell species such as barnacles and mussels.

• Weed such as seaweed and brown weed.

• Slime caused by accumulation of algae



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AIM CONTROL UNDERWATER DIVING WORKS SERVICES COMPANIES IN VIETNAM &

GLOBAL

AIM Control underwater diving works services companies in Vietnam & Global is a experts on

the underwater diving works services in providing:

• UW HULL CLEANING

• UW HULL SURVEY

• UW HULL INSPECTION

• UW HULL & PROPELLER POLISHING

• UW HULL & PROPELLER PHOTO BY TAKEN CAMERA

• UW HULL & PROPELLER CCTV BY TAKEN CAMERA

• UW HULL & PROPELLER REPAIRING

• UW OTHER WORKS

Based in Vietnam, China, India, Korea, Asia, Europe, the Middle East Anywhere of Countries.

Email: [email protected], [email protected], cell: +84903615612.

Thank you Dr Capt. Nguyen Te Nhan / G.D

Agriculture - Industry - Marine Survey & Inspection Group ------------------------------------------------------- Tel : +84-8-3832-7204 Fax : +84-8-3832-8393 Cell. : +84903615612 E-mail: [email protected] MSN : [email protected] Skype: aimcontrol http://www.aimcontrolgroup.com

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mailto:[email protected]

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http://www.aimcontrolgroup.com/



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HOW DOES FOULING OCCUR?

• A natural phenomenon and occupational hazard to which all ships are susceptible but

particularly in circumstances where ships remain idle/static in warm/tropical waters.

• The start of fouling is very dependent upon local conditions and fouling intensity variations

over time.

• The combination of warm and shallow water is the most challenging and will generally

cause fouling to attach sooner and grow faster.

• For stationary exposure when fouling normally is the biggest problem, periods of more than

10-14 days give a large increase in the risk of fouling

WHY IS FOULING A PROBLEM?

• Fouling can affect a ship’s hull, rudder, chests and propeller.

• Increases under water resistance to propulsion.

• Blocks main engine cooling intakes.

• Loss of speed by up to 10% as a result of reduced engine revolutions and high propeller

slip.

• Increase in fuel consumption by up to 40%.

• Dry docking necessary to remove fouling, cleaning costs and loss of time.

• Consequential losses, for example during the ship’s next employment.

CONTACT US

Email: [email protected]

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CLAIMS ARISING WHERE FOULING OCCURS DURING CHARTER SERVICE

Responsibility for losses arising due to fouling as between Owners and Charterers

Breach by Charterer of an express term by reference to warm water ports?

• Direct result of obeying Charterers’ orders to trade to a port outside permitted trading

limits?

• Waiver by Owners by complying with unlawful orders? Temple Steamship v. V/O Sovfracht

(1945) and The Kanchenjunga (1990)

• Express indemnities in Owner’s favour in the event of defined idle periods? See below.

Losses sustained as a result of complying with Charterer’s orders as to the employment of

the vessel – implied indemnity?

• Owners not entitled to claim in relation to navigational matters. See The Erecthion (1987)

• Owners not entitled to claim from Charterers where foreseeable losses and expenses are

incurred. See The Island Archon (1994)

• Leading case of The Kitsa (2005):

• Basis of claim: ‘Even when the charterer’s order was, beyond a shadow of a doubt, a

legitimate order with which the owner was bound to comply, the indemnity may be granted,

not merely in respect of liabilities incurred, but also in respect of loss or damage caused. In

such cases, however, much may turn upon the facts of the particular case, upon the terms

of the particular charter-party, and, in the light of these, upon what risks it appears each

party has agreed to bear...

• The test: ...we regard as wholly unrealistic any suggestion that the time actually spent by

the vessel at Visak went beyond any reasonable expectation on the part of an owner of a



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vessel similar to Kitsa as to how long this vessel might be required to spend there in the

course of entirely ordinary employment to the sub-continent. In our view, the risk of fouling

as a result of that employment was not a risk that owners in the present case cannot be

taken to have accepted.’

Relevant factors:

1) Contractual trading limits including warm water ports?

2) Legitimate employment orders by Charterers?

3) Time not exceed reasonable expectation?

4) No delays caused by Charterers?

5) Delays and the occurrence of fouling foreseen?

6) Risk is one accepted by Owners?

• See also London Arbitration 9/07

• But see by analogy The Appollonius (1978) where unexpected marine growth accrues at a

port to which Charterers had ordered the vessel to proceed under the charterparty.

Breach of redelivery obligations?

• Ordinary wear and tear. See The Pamphilos (2002)

• Where Charterers are in breach? See The Puerto Buitrago (1976) subject to damages/

‘cost of cure’ claim.

CONTACT US





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SPECIFIC/EXPRESS PROVISIONS AND THEIR EFFECTS

• ‘Should the vessel be kept by Charterers in tropical waters for more than 20 running days

either alongside berth and/or at anchorage and/or adrift whether under cargo operations or

not so that bottom growth takes place which affects vessel’s efficiency, then Charterers

shall either arrange for bottom cleaning for their time and expense or alternatively forfeit

any claims as to speed and/or bunker consumption’.

• ‘Should the vessel stay in a loading or in a discharging port more than 25 days whilst under

Charterers’ service and as a result of that is subject to underwater growth, barnacles, etc.

The Owners/vessel are not to be held responsible for any deficiency in speed/consumption

of fuel in such a case. Underwater cleaning/scrubbing to be arranged by Owners at

Charterer’s time and expense’.

• ‘In the event that the vessel’s speed capacity is reduced as a result of marine growth on

the vessel’s bottom by reason of the vessel being in a port or place for a long period, the

Owners shall not be responsible for reduction of speed or increase of bunker consumption

of the vessel up until such time as her next schedule drydock or a bottom cleaning

arranged by the Charterers at their time, risk and expense to the Owner’s satisfaction,

whichever is earlier’.

• ‘Owners will not be responsible when bottom fouling resulting from a prolonged stay in

port/anchorage and/or idling for a running period of more than 25 days under Charterers’

arrangements and orders. Owners are not responsible for reduced speed and/or increased

bunker consumption due to fouling from a prolonged stay’. •



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• ‘If the vessel is encountering prolong stay, minimum 30 days in a port and there is strong

reason to believe that the vessel’s hull has acquired excessive marine growth affecting

vessel’s speed/consumption due to the stay at this specific port, Owners are to arrange for

a diver inspection. Should the result of this diver inspection indicate there is excessive

marine growth on the hull, Owner/Charterers to arrange underwater scrubbing of the hull in

Charterers’ time and expense, prior to vessel’s departure from the port, if same can be

done without reasonable delay. If the underwater scrubbing is not available or cannot be

carried out at the port in question same to be carried out in Charterers’ time in the next

convenient port. Charterers agree no claim for under performance of the vessel for the

passage from the port in question until the next convenient port. Charterers agree no claim

for under performance of the vessel for the passage from the port in question until

underwater scrubbing is carried out’.

• ‘If the vessel is in a port of more than 20 days or idle at a safe anchorage for more than 20

days, Owners to appoint divers to check hull bottom and report with signature to

Charterers. If Charterers need hull bottoms cleaning at their discretion, Charterers are to

bear the cost of hull bottom cleaning. Owners shall endeavour to carry out bottom cleaning

at next available port where such facilities are available. Vessel is to remain onhire during

the cleaning operation. However, when practical, the bottom cleaning should take place at

the port where the ship has been laying for more than 20 days, but if it is not practical to do

so and cleaning has to take place at another location, Charterers have no right to lodge a

speed or bunker claim against the Owners during the periods the vessel is in a condition

and en route to the port identified where the hull cleaning is to be undertaken’



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• ‘The Charterers shall, in their time and at their risk and expense, arrange for the removal of

bottom-fouling if such bottom-fouling:

a) Was caused by the Vessel having been kept by Charterers in tropical waters for more than

10 (ten) consecutive days, either alongside a berth and/or at anchorage or adrift, whether

or not under cargo operation, so that bottom fouling takes place which affects the Vessel’s

efficiency; or

b) Is a natural and foreseeable consequence of the Vessel’s complying with the Charterers’

orders. Until such bottom-fouling has been removed, the Charterers shall be stopped from

presenting any claim for performance, speed or bunker consumption caused thereby. •

• Impacts on the common law position with regard to The Kitsa, placing responsibility for the

occurrence of bottom fouling on Charterers which arises as a result of a prolonged idle

period? •

• Relevant issues include (1) Running or consecutive days , (2) Interruption of consecutive

days? and (3) ‘Tropical’ or ‘tropical’ waters? •

• Impacts on the common law position with regard to The Rijn, placing responsibility for the

consequences of bottom fouling (specifically in relation to reduction in speed and/or

increased consumption) on Owners which arises from a short idle period? •

• Probably not as a matter of construction in the absence of very clear wording.

CONTACT US





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Solusions and Treatment on Bio-Fouling

Underwater ship hull cleaning:

AIM Control Divers Underwater Ship Hull Cleaning Works, Ship hull cleaning and divers

underwater works, Propeller Polishing and divers underwater works, Anode Installation and

divers underwater works, in water diving inspection and cctv in Vietnam. Contact us:

[email protected]; [email protected]

Specializing in Underwater Ship Hull Cleaning and Repair Maintenance & Inspections in

Ports Vietnam, AIM Control’s Divers underwater works dept. was founded in 1993 and was

dedicated primarily to the needs of the maritime industry in the Ports of Hai Phong,

Hochiminh (Sài Gòn, Ben nghe, Nha rong, ICT, Tan Cang, Bong sen) ports, Vung tau (Thi

Vai, Phu My, ect.) ports, Nha trang (Vinashin, Cam ranh bay ect.) ports, Dung Quat (Doosan,

Germedept, PTSC, ect.,) ports

Some of these services are as listed below.

1.- Divers underwater works of ship hull repair in Vietnam:

AIM Control Underwater Cofferdam Installations

AIM Control Underwater Permanent Hull & Rudder repair

AIM Control Underwater Echo Sounder & Speed Log Replacement

AIM Control Underwater Stern Seal Repairs

http://aimcontrolgroup.com/eg/s/253/0/ship-hull-cleaning-/-propeller-polishing.htm











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AIM Control Underwater Propeller Cropping & Edge Modifications

AIM Control Underwater Welding and Burning

2.- AIM Control Divers underwater works of ship hull maintenance in Vietnam & Global:

AIM Control’s dive teams can perform any type of vessel maintenance service required,

quickly and efficiently; in order to optimize vessel's efficiency and reduce operating costs and

ensure safety to the ship hull and parts in water at sea areas and in ports of Vietnam.

Ship hull cleaning and divers underwater works: AIM Control’s Diver teams currently

operating cleaning machines and diver’s hands which offer us great flexibility in meeting our

client’s demands while also providing us with equipment redundancy at sea areas and in

ports of Vietnam to underwater ship hull surfaces.

Sea chests, rudders and thrusters cleaning Divers underwater works: AIM Control’s Diver

teams also using diving services to clean Sea chests, rudders and thrusters at sea area and

in ports of Vietnam.

Propeller Polishing and divers underwater works: AIM Control’s dive teams can complete

multi stage micro polishings on the largest of propellers in usually four hours or less,

depending upon the maintenance program of the propeller. (To decrease speed and power

by up to 5 % compared to that of AIM Control’s propeller maintaining finished on the Rupert

Scale) at sea areas and in ports of Vietnam.






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Anode Installation and divers underwater works: While our dive teams are able to install all

types of anodes quickly and efficiently by either bolt-on attachment or by underwater wet

welding at sea areas and in ports of Vietnam..

Sea Chest Cleaning Divers underwater works: In addition to full hull, AIM Control’s Divers

underwater works has also hand tools to properly clean the gratings of all sea water inlets as

required. Sea inlet gratings are removed when needed in order to clean the interior of the sea

boxes at sea areas and in ports of Vietnam.

3.-Divers underwater works of ship inspection/ survey in Vietnam:

Ship-owners and marine ship organizations require a routine planned in-water survey or are

in need of an emergency inspection under extreme conditions; AIM Control’s Divers

underwater works has the experience and knowledge to complete an in depth survey safely

and under the strictest requirements. All inspections are conducted under the highest of

safety standards and conform to all Class requirements. A summary of these inspections are

outlined:

AIM Control In-water Class Approved Digital Video (underwater diving)

AIM Control In-water Digital Photography Inspections (underwater diving)

AIM Control In-water Damage Assessment (underwater diving)

AIM Control In-water Change of Ownership (underwater diving)




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AIM Control In-water General Condition of ship’s parts Inspection for purchase (underwater

diving)

AIM Control In-water Pre Dry Dock Inspection (underwater diving)

AIM Control In-water On/Off Charter Inspection (underwater diving)

AIM Control In-water Warranty Inspection (underwater diving)

4.-Divers underwater works of the marine other in Vietnam:

AIM Control Dry docking inspection

AIM Control grounding site location & plotting at sea areas and in ports

Verifying wreck position at sea areas and in ports

Defining debris field perimeter at sea areas and in ports

Preliminary heavy lift salvage inspections at sea areas and in ports

Emergency oil spill mitigation at sea areas and in ports

In water product recovery at sea areas and in ports

Wreck stabilization at sea areas and in ports

Wreck removal at sea areas and in ports



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Pier Inspection Services (in water Debris removal, as-built surveys, Hydrographic surveys,

Allision damage inspections, Obstruction surveys, Cathodic protection inspection & repair,

Marine borer assessment)

Others

5.- AIM Control Divers underwater works of the industrial in Vietnam & Global:

Traveling Screen Replacement & Repair at sea areas and in ports

Stop Log Placement & De-watering operation at sea areas and in ports

Trash Rack Fabrication & Installation at sea areas and in ports

Cable & Pipeline Repairs at sea areas and in ports

Sediment Removal / Sampling & analysis at sea areas and in ports

Inspection & Maintenance of Intake & Discharge Structures at sea areas and in ports

AIM Control’s experience to schedule the necessary steps to complete the job quickly and

efficiently in order to meet the vessel's schedule without any operational delays. AIM

Control’s Divers underwater works services are offered 24 hours a day, 7 days a week.

· Certified Underwater Inspectors

· Class Commercial Drivers Licenses

· Maintenance & Repair Technician



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· Certified emergency medical technician

· others

AIM Control’s Divers underwater works are able to utilize some of AIM Control’s specialty

services and techniques to these organizations with the same expertise that the maritime

community has come to expect from our underwater services over the years.

Agriculture - Industry - Marine Survey & Inspection Group

-------------------------------------------------------

Tel : +84-8-3832-7204

Fax : +84-8-3832-8393

Cell. : +84903615612

E-mail: [email protected]

[email protected]

MSN : [email protected]

Skype: aimcontrol

http://www.aimcontrolgroup.com

Address: 45, Street 03, Ward 04, CXDT, District 03, HOCHIMINH City, Vietnam

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See more Ship’s Hull cleaning and Propeller Polishing.

This is underwater ship hull, parts cleaning & propeller polishing carried out by diver teams of

aim control at vung tau sea area, Vietnam to vessel/ship's name "ENDURANCE"






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SHIP'S HULL & PARTS BEFORE CLEANING & POLISHING



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SHIP'S HULL & PARTS AFTER CLEANING & POLISHING



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CHECKING & OVERTAKING





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ANODE INSULATION AND WELDING TO RENEW



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THE VIDEOS OF AIM CONTROL'S DIVING SHIP HULL CLEANING JOB FOR REVIEW

See more The underwater works and in water Hull cleaning & Propeller polishing, Camera

monitoring (CCTV).


monitoring (CCTV).

CONTACT US


https://www.youtube.com/watch?v=JC1zW8B5Bqc

http://aimcontrolgroup.com/eg/158/0/underwater-works-/-diving-services.htm


http://aimcontrolgroup.com/eg/113/0/diving-/-underwater-works.htm





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HULL FOULING - CHARTERPARTY ISSUES Ship Owners Mutual Reponsibilities

Charterer Reponsibilities

AIM Control UWHC & Diving Inspection Photos and Camera

WHAT IS HULL FOULING PROBLEM IN CLAIMS?

Hull fouling is a well-known problem affecting vessels trading in warm water ports. It can lead

to loss of time from diminished vessel performance and lost time and costs associated with

hull cleaning.

Resulting claims include Charterers' claims for underperformance and that the vessel is off-

hire for the period of hull cleaning. Owners' claims include damage to the vessel due to

fouling and claims for indemnity from Charterers for hull cleaning costs.

DETERMINING FACTORS INCLUDE WHETHER:

The port was within the trading limits as provided within the charter.

Time spent at the warm water port was usual and expected for that time of year and for that

vessel.

The marine growth in the water was usual and expected at that place for that time of year.

Either of the parties had been aware of the environmental factors prevailing at that place

before the vessel traded there.

The issues which typically arise in such cases were helpfully revised in a recent High Court

decision in which the Club's members were successful against owners in a defence

coordinated by charterers and sub-charterers: Action Navigation Inc v. Bottiglieri Navigation

Spa (The "Kitsa") [2005] EWHC 177.In this case, the vessel sat for 21 days at Visag under



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Charterers' order. The Court was asked to determine two questions. (1) Whether a time

charterparty permitting the vessel to be traded within the Institute Warranty Limits necessarily

carried with it an assumption by the shipowner of all risks ordinarily incident at each port

within those limits; If so, the implied indemnity against the consequences of obeying the

Charterers' lawful orders would not extend to the materialisation of risks peculiar to the

particular port or class of ports. (2) Whether time spent removing marine growth which had

attached itself to the hull of the vessel in the course of service under the relevant charterparty

amounted to time lost within the meaning of clause 15 of the charterparty. In The "Kitsa", the

answer to both these questions was held to be "no". The charterparty was on amended

NYPE form of which the preamble1, clauses 12, 43, 84 and additional clauses concerning the

vessel's description and trading limits were considered relevant to the dispute.

Liability for fouling can be analysed on a basis of (1) causation or (2) apportionment of risk

under the charterparty. Only liability for risks foreseeable at the commencement of the

charterparty can be apportioned under the charterparty. Liability for unforeseeable risks will

generally be determined on the basis of causation5.

The issues to be considered are as follows:

LAWFUL OR UNLAWFUL ORDER AS TO EMPLOYMENT?

Did the Charterers order the vessel to trade to a safe port, anchorage, berth or place within

the permitted trading limits? Where a lawful order has been given, risk apportionment under

the charterparty should be considered in the first instance.

However, the Master may obey unlawful orders from Charterers without such conduct

amounting to a waiver by Owners of Charterers' breach of charterparty and without



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prejudicing Owners' right to claim for damage or losses arising6. In such circumstances

Charterers would need to show that their unlawful order was not causative of the hull fouling.

Otherwise, where the fouling is shown to be a direct result of obeying Charterers' orders to

trade at a port outside the charterparty permitted trading limits, Charterers are likely be held

liable for the cost of cleaning the hull and the time taken for the cleaning operation,

representing damages arising from Charterers' breach of charterparty.

Did fouling arise due to Charterers' orders as opposed to while Charterers' orders are being

carried out?7 For instance, if all warm water ports had been excluded from the charterparty

permitted trading range and Charterers ordered the vessel to such a port, then Charterers will

be liable for the fouling. However, if the charterparty permitted trading range included warm

water or weather ports, but the port to which Charterers ordered the vessel fell outside the

permitted trading range due to other logistical issues, then Charterers may not, automatically,

be held liable for the fouling of the vessel.

CAN OWNERS CLAIM AN INDEMNITY FROM CHARTERERS?

The NYPE form does not contain an express indemnity from Charterers to Owners (unlike the

Baltime form). An indemnity for hull fouling and associated losses can be implied depending

on the facts of the incident.

Owners will not be entitled to claim from Charterers under an implied indemnity where losses

and expenses are incurred as a consequence of complying with Charterers' legitimate and

ordinary employment orders8 . Therefore, where lawful orders have been provided by

charterers and the vessel incurs hull fouling in the course of ordinary trading, the costs of

cleaning the fouling from the hull, repairing the paint work and time for such works fall to



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Owners as a risk which they consented to bear on fixing the charterparty. Such fouling is

considered foreseeable at the time of fixing the vessel, especially where the vessel is

permitted to trade in warm waters, and falls within Owners' obligation to maintain the vessel.

An indemnity will generally be implied against unforeseen liability, losses or costs incurred by

Owners as a direct consequence of complying with Charterers' orders9. Such implied

indemnity would arise when Charterers give unlawful orders and fouling is fortuitous.

Unforeseen or fortuitous fouling occurring despite Charterers' orders being lawful would also

be a potent factor for deciding that the loss or expense falls within the scope of the implied

indemnity.10

OFF-HIRE

Fouling of a hull gives rise to two incidents of lost time that Charterers would seek to deduct

from hire (1) time lost due to the underperformance of the vessel, and (2) time lost due to

cleaning of the hull. Charterers may deduct from hire if either of these incidents can be shown

to fall within either clause 15 of the NYPE charterparty form or the deviation clause.

UNDER-PERFORMANCE

For a vessel to be off-hire under clause 15, the cause of the off-hire must be fortuitous (i.e.

not the natural result of complying with Charterers' orders). Clause 15 contains two possible

provisions to bring hull fouling within the off-hire provision, (1) "… any other cause preventing

the full working of the vessel, and (2) "defect in the hull". Where a vessel underperforms and

time is lost as a direct result of hull fouling and that fouling arose as a natural consequence of

the service under the charterparty, then the vessel cannot be considered to be off-hire in

accordance with 1511. For such fouling to fall within clause 15, Charterers would have to



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show that the Owners breached the obligation to maintain the vessel by failing to adhere to

an appropriate anti-fouling programme during the course of the charter.

If the fouling was unforeseen and arose due to Charterers giving an unlawful order as to

employment, then Charterers would not have a right to claim deductions for

underperformance under clause 15 because it was the Charterers' breach of charterparty

which caused the loss of time.

TIME LOST CLEANING HULL

The deviation clause usually permits for the vessel to be placed off-hire for the period when

Owners deviate the vessel from a voyage for Owners' own purposes. Where Owners clean

the hull as part of their obligation to maintain the vessel, then the vessel may be placed off-

hire for the period for which the vessel is unavailable to Charterers, as was held in The

"Kitsa".

SUMMARY

In The "Kitsa", it was held that the Charterers had given legitimate orders to the vessel and,

therefore, that the port of call was within the permitted trading limits of the charterparty. It was

also found that the risk of fouling at that port had been foreseeable by Owners and

Charterers on fixing the charterparty and that the fouling was not fortuitous as, particularly,

the vessel had not sat at that port for a period longer than was usual for that type of vessel

trading at that port. Therefore, the risk of fouling was considered to be an operational risk

which Owners had consented to bear when fixing the charterparty and there were no grounds

on which Owners could claim an indemnity from Charterers for the cost of cleaning the hull.

Charterers were not permitted to make deductions from hire due to underperformance arising



Page 6 of 48

from fouling, but Charterers were permitted to deduct from hire for the period of deviation for

Owners to clean the hull.

1."This Charter Party, made and concluded in … between … Owners of the good … Motorship NAME

… with hull, machinery and equipment in a thoroughly efficient state, … and capable of steaming fully

laden under good weather conditions about (See specification) … and Charterers … … the said

Owners agree to let, and the said Chatrerers agree to hire the said vessel, from the time of delivery,

for a Timecharter period of minimum … months to about … months … always via safe port(s), safe

berth(s), safe anchorage(s), always afloat, always within Institute Warranty Limits … within below

mentioned trading limits … … Vessel on her delivery or on her arrival at the first load port to be ready

to receive in all respects any permissible Charterers' intended cargo … and tight staunch, strong and

in every way fitted for the intended cargoes, service, …"

2."That the Owners shall … keep the vessel in a thoroughly efficient state in hull, machinery and

equipment … for and during the service."

3."… hire to continue until the hour of the day of her redelivery in like good order and condition,

ordinary wear and tear excepted, to the Owners …"

4."That the Captain shall prosecute his voyages with the utmost despatch, and shall render all

customary assistance with ship's crew and equipment boats. The Captain (although appointed by the

Owners) shall be under the orders and directions of the Charterers as regards employment and

agency; and Charterers are to load, stow, secure and discharge and trim the cargo at their expense

under the supervision of the Captain, who is to sign Bills of Lading for cargo as presented, in

conformity with Mate's or Tally Clerk's receipts."

CONTACT US





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AIM Control UWHC & Diving

Inspection Photos and Camera















https://www.youtube.com/watch?v=vOOJ6mhhhkU






https://www.youtube.com/watch?v=mF1C090cV6E







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outlined:






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diving)















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Others















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· others





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Tel : +84-8-3832-7204

Fax : +84-8-3832-8393

Cell. : +84903615612


[email protected]


Skype: aimcontrol



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monitoring (CCTV).


monitoring (CCTV).

CONTACT US











Page 1 of 49

BIMCO HULL FOULING CLAUSE FOR TIME CHARTER PARTIES

Ship Owners Mutual Reponsibilities

Charterer Reponsibilities

AIM Control UWHC & Diving Inspection Photos and Camera

BACKGROUND

BIMCO’s Hull Fouling Clause for Time Charter Parties has been developed to transfer hull

cleaning obligations to charterers where, as a result of their trading requirements and

employment orders, a vessel is subject to a prolonged period of idling in port or at anchorage

that results in fouling of the hull and underwater parts to an extent that may affect vessel

performance.

At common law and under most standard forms of time charter party an owner is responsible

for maintaining the vessel in a thoroughly efficient state throughout the charter period. This

includes a requirement to keep the vessel's hull and other underwater parts free from fouling.

If the owners fail to meet their obligations and, as a result, the vessel's performance is

affected, they may be exposed to underperformance claims by the charterers. Hull fouling

may occur where a vessel is required to wait in port or at anchorage – particularly in tropical

waters and in others areas where seasonal blooms of marine biofouling occur.

KEY FEATURES

The new Hull Fouling Clause comprehensively sets out the circumstances and point in time

when responsibility for cleaning hull fouling passes from the owners to the charterers. The

clause distinguishes between idling in Tropical Zone/Seasonal Tropical Zone waters, where



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the rate of growth is generally highest, and idling outside such zones. The parties are free to

agree the number of days idling to apply in each area before the clause takes effect. If the

parties fail to agree then 15 days will apply by default.

Once the agreed number of days has elapsed, the vessel's performance warranties relating

to speed and consumption are suspended until such time as the vessel’s underwater parts

can be inspected and, if required, cleaned. The inspection will be for the charterers’ account.

If the hull is fouled then it is to be cleaned by the charterers at their cost and in their time, but

in accordance with the paint manufacturers' recommendations and under the supervision of

the Master. This acknowledges that hull coatings are very expensive, easily damaged and

become less effective the more often they are cleaned.

It may well be that inspection and cleaning is not possible or permitted at the vessel's current

port of call, or the charterers may wish to postpone cleaning. In such an event the warranties

will remain suspended until cleaning has been completed.

If the owners refuse to give their permission for cleaning to be carried out then the speed and

consumption warranties will be reinstated from the time of the owners’ refusal.

The intention is that, where required in accordance with the clause, cleaning should be

undertaken before redelivery to the owners. However, if this cannot be done the parties

should, before or at the latest on redelivery, agree a lump sum to cover the owners’ costs and

ancillary expenses in respect of cleaning.

Finally, if the agreed or the default number of days are exceeded the charterers will not be

responsible for hull cleaning if they can show that the vessel is performing in accordance with

charter party speed and consumption warranties.



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CLAUSE FOR TIME CHARTER PARTIES:

DETAILED PROVISIONS

Sub-clause (a)

This Sub-clause sets out the mechanism triggering the provisions. If the vessel, on the

charterers’ orders, lies idle for a period exceeding the number of days agreed by the parties,

the vessel’s speed and consumption warranties will be suspended until inspection (which

may cover all or certain underwater parts) and any necessary cleaning has been carried out.

The parties are prompted to agree the number of days idling applicable in Tropical/Seasonal

Tropical Zones and in other locations (since the tendency to foul will vary according to the

sea area and seasonal conditions) but with a default period of 15 days in the absence of

agreement.

Parties may wish to consider the following factors when negotiating the number of days of

idling required to trigger the Clause: the quality and type of paint used on the vessel in

question and number of days that the paint manufacturer will guarantee in respect of hull

fouling; the vessel’s intended trading area and the climate at that time of the year; and the

fact that frequent and excessive cleaning is likely to reduce the effectiveness of the protective

coating that prevents fouling.

Sub-clause (b)

Once the number of days in Sub-clause (a) have been exceeded, it is for one of the parties to

call for an inspection of the vessel’s underwater parts. Although both parties should

cooperate in arranging the inspection, it is not a joint inspection and risk, cost, expense and

time are for charterers’ account.



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Sub-clause (c)

Following the inspection, either party may call for cleaning if the vessel’s underwater parts

are found to be fouled. Cleaning is to be carried out at the charterers’ risk, cost, expense and

time. However, as it is the owners’ property that will undergo cleaning and because cleaning

can damage the vessel’s anti-fouling system, the owners must be consulted in respect of the

cleaning procedure.

Sub-clause (c.i)

To set a standard for the cleaning procedure this Sub-clause states that the Master will

supervise the cleaning; that it should be done in accordance with the paint

manufacturers’ guidelines for cleaning; and that it must be undertaken without damage to the

vessel’s underwater parts or its paint coating.

Sub-clause (c. ii)

If cleaning is not permitted or possible, for example due to local restrictions, or postponed by

charterers, speed and consumption warranties remain suspended until cleaning has

eventually been completed.

Sub-clause (c.iii)

Should the owners for whatever reason refuse to permit cleaning despite the availability of

suitable facilities, then the speed and consumption warranties will again be

applicable from the time of such refusal.

Sub-clause (d)

In order to resolve hull cleaning issues between the parties before the end of the contract

period, this Sub-clause states that the vessel should be cleaned in accordance with the



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Clause prior to redelivery. However, if the charterers are prevented from cleaning before

redelivery the parties should agree on a lumpsum to cover the owners’ costs and expenses

for subsequent cleaning. This arrangement offers finality in terms of quantum and settlement

while a failure to agree would have to be determined in accordance with the charter party

dispute resolution procedure. A lumpsum agreement may not always reflect the exact amount

of the owners’ costs and expenses as it will be based on quotes from cleaning companies as

opposed to actual invoices. However, the alternative with payment against invoices for actual

costs of subsequent cleaning could leave the owners unable to recover payments properly

due.

Sub-clause (e)

This Sub-clause provides the charterers with an opportunity to challenge the need for

inspection and cleaning and should therefore be seen as an exception to the presumption

in Sub-clause (a) that the inspection and cleaning provisions are triggered after a given

number of days. Under this exception, if the charterers can demonstrate that the vessel’s

performance has remained within charter party limits, speed and consumption warranties will

be reinstated at that point (not retroactively) and the inspection and cleaning provisions will

cease to be applicable. The timing and arrangements for demonstrating compliance are left

to the parties to determine either by agreement or in accordance with the underlying charter

party. By way of example, the charterers might demonstrate that the vessel is performing

according to the charter party through the daily noon reports that the master sends to the

charterers; through other means stipulated in the charter party; or by information from the

ship’s log book.



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BIMCO HULL FOULING CLAUSE FOR TIME CHARTER PARTIES

(a) If, in accordance with Charterers’ orders, the Vessel remains at or shifts within a place,

anchorage and/or berth for an aggregated period exceeding:

(i) a period as the parties may agree in writing in a Tropical Zone or Seasonal Tropical

Zone*; or

(ii) a period as the parties may agree in writing outside such Zones*

any warranties concerning speed and consumption shall be suspended pending inspection of

the Vessel’s underwater parts including, but not limited to, the hull, sea chests, rudder and

propeller.

*If no such periods are agreed the default periods shall be 15 days.

(b) In accordance with sub-clause (a), either party may call for inspection which shall be

arranged jointly by Owners and Charterers and undertaken at Charterers’ risk, cost, expense

and time.

(c) If, as a result of the inspection either party calls for cleaning of any of the underwater

parts, such cleaning shall be undertaken by the Charterers at their risk, cost, expense and

time in consultation with the Owners.

(i) Cleaning shall always be under the supervision of the Master and, in respect of the

underwater hull coating, in accordance with the paint manufacturers’ recommended

guidelines on cleaning, if any. Such cleaning shall be carried out without damage to the

Vessel’s underwater parts or coating.

(ii) If, at the port or place of inspection, cleaning as required under this Sub-clause (c) is not

permitted or possible, or if Charterers choose to postpone cleaning, speed and consumption



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warranties shall remain suspended until such cleaning has been completed.

(iii) If, despite the availability of suitable facilities and equipment, Owners nevertheless

refuse to permit cleaning, the speed and consumption warranties shall be reinstated from

the time of such refusal.

(d) Cleaning in accordance with this clause shall always be carried out prior to redelivery. If,

nevertheless, Charterers are prevented from carrying out such cleaning, the parties shall,

prior to but latest on redelivery, agree a lump sum payment in full and final settlement of

Owners’ costs and expenses arising as a result of or in connection with the need for cleaning

pursuant to this clause.

(e) If the time limits set out in Sub-clause (a) have been exceeded but the Charterers

thereafter demonstrate that the Vessel’s performance remains within the limits of this Charter

Party the vessel’s speed and consumption warranties will be subsequently reinstated and the

charterers’ obligations in respect of inspection and/or cleaning shall no longer be applicable.

CONTACT US





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AIM Control UWHC & Diving

Inspection Photos and Camera




























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outlined:






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diving)















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Others















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· others





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Tel : +84-8-3832-7204

Fax : +84-8-3832-8393

Cell. : +84903615612


[email protected]


Skype: aimcontrol



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monitoring (CCTV).


monitoring (CCTV).

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Underwater hull bio fouling solutions and treatment cleaning and polishing with diving photo video...

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Transcript of Underwater hull bio fouling solutions and treatment cleaning and polishing with diving photo video...