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Chartering is carried out through chartering market. The whole procedures
concerning a chartering business from inquiry to signing the contract
is called chartering procedures. It could be divided into the following
stages:
(1)Inquiry
Inquiry is to acquaint the partner with the intention and demands of
the offerer.
The ship-owner makes an inquiry with the purpose of taking the transport
business. It includes: type, name, nationality, tonnage, trading limit,
date of taking cargoes, means for charter, cargoes that suitable to
take, etc. of the chartered vessels; the charterers inquiry with the
purpose of seeking suitable vessel to ship the cargoes. It includes:
name and business place of the charterer, type of the cargoes, name,
quantity, package, loading/unloading port or place, date of taking the
cargoes and the termination date, chartering means and period, type
of vessel, carrying tonnage, age, class, place for handing and returning
the ship, trading limit, templet of the chartering contract, etc.
(2)Offer is called "quote price" as well. It means the charterer
or the ship owner answers the inquiries in terms of chartering. Offer
could be divided into two categories in accordance with the binding
force, that is, Absolute Offer ---Firm Offer, Conditional Firm Offer---Offer
without Engagement. Absolute Offer intends to strike a bargain absolutely.
The main articles are clear, assured, full and non-reservation with
legal effects. Meanwhile, the periods of acceptance and reply are specified.
Neither the offerer nor receivers can change any conditions concerning
the offer. Conditional Firm Offer means the offerer keep some additional
conditions in the offer and the listed conditions are only used for
negotiation between the parties and without any binding force.
(3)Counter-offer means such procedures: the party that receiving the
offer modifies some conditions of the offer and then offers it back.
Replying the counter-offer condition or quoting another price is called
counter counteroffer.
(4)Firm Offer, after counteroffer or counter counteroffer for many times,
both parties agree the articles in the chartering contract, one party
could make the other party decide to whether strike a bargain or not.
(5)Acceptance is called "receiving the chartering" as well.
It means one party making a promise on the listed conditions concerning
the Firm Offer within the validity period. It is up to now the chartering
contract is confirmed finally.
(6)Making fixture note. The fixture note should list in details the
main provisions agreed between ship owner and charterer after negotiation,
generally including date, ship name and replaceable ship, name and address
of both parties, name and quantity of goods, loading/ unloading ports
and periods, loading/ unloading cost responsibility, freight or rent
and means of payment, sharing of related cost(port use charge, taxes,
etc.), dead freight calculation, adopted standard charter contract,
other particular agreement, signatures of both parties, etc.
(7) Organizing, auditing and signing a formal charter party. Fixture
note is a simple contract to be implemented by both parties. The two
parties can further organize, audit and sign a formal charter contract
based on the agreement they already come to.
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