WO2001067337A1 - Internet system for exchanging and organizing vessel transport information - Google Patents

Internet system for exchanging and organizing vessel transport information Download PDF

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Publication number
WO2001067337A1
WO2001067337A1 PCT/US2001/001878 US0101878W WO0167337A1 WO 2001067337 A1 WO2001067337 A1 WO 2001067337A1 US 0101878 W US0101878 W US 0101878W WO 0167337 A1 WO0167337 A1 WO 0167337A1
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WO
WIPO (PCT)
Prior art keywords
ship
cargo
charterer
owner
offer
Prior art date
Application number
PCT/US2001/001878
Other languages
French (fr)
Other versions
WO2001067337A9 (en
Inventor
Stewart R. Kluss
Original Assignee
Chartering Solutions
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Priority claimed from US09/520,195 external-priority patent/US6463419B1/en
Application filed by Chartering Solutions filed Critical Chartering Solutions
Priority to EP01903152A priority Critical patent/EP1281138A4/en
Priority to AU2001231004A priority patent/AU2001231004A1/en
Publication of WO2001067337A1 publication Critical patent/WO2001067337A1/en
Publication of WO2001067337A9 publication Critical patent/WO2001067337A9/en

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Classifications

    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00Administration; Management
    • G06Q10/08Logistics, e.g. warehousing, loading or distribution; Inventory or stock management

Definitions

  • the present invention relates to data processing for business applications and, more particularly, to booking systems for negotiating terms and reserving space on transport vessels.
  • brokers in the spot tanker chartering market earn significant revenues for themselves, which in turn adds millions of dollars to chartering transactions each year.
  • the present invention provides a method and accompanying apparatus which allow charterers and ship owners to exchange cargo transportation information without the assistance of a broker.
  • the method includes providing an electronic network site for receiving and storing information from both charterers and ship owners in order to more readily accomplish agreements for cargo transport.
  • the network site is operative to process the received information so as to provide to the charterer a listing of ships, which fit criteria established by the charterer, from among the information supplied by the ship owners.
  • a method of brokerless arrangement for the shipment of cargoes includes providing for direct negotiations between a charterer and a ship owner by making information concerning the charter directly available to both the charterer and the ship owner without the use of a broker.
  • the cargo transportation information is provided on forms or templates.
  • the processing step includes a matching step in which criteria from the charterer is matched with ship descriptions and availability stored on the network site.
  • a method of the present mvention further includes a step of initiating communication between the charterer and the ship owner whose ship fits the criteria established by the charterer, wherein such direct communication may be facilitated by e-mail.
  • a method of the present invention further includes the step of providing the ship owner with an on-screen display of the standard terms used by the charterer, which, in turn, may enable more rapid agreement between the charterer and the ship owner.
  • the network site may memorialize the agreement between the ship owner and the charterer in the form of a fixture. This may be accomplished, for example, by automatically generating a charter party contract based on the fixture.
  • a method of the present invention may further include the payment of a commission to the owner of the network site.
  • the network site may be implemented on the Internet or on a private network.
  • the network site may further include a central database accessible by the charterer and the ship owner, and maintained at the network site.
  • the database may include information such as ship descriptions and positions.
  • the database may further include a plurality of fixtures which are authorized by one or more charterers and owners to be placed in the database, and publicly or privately viewed.
  • the database may further include co-loading cargo information and financing information.
  • an interactive network site can store up-to-date information for use by ship owners and charterers which enable them to negotiate and enter into charter party contracts.
  • ship owners and charterers may agree to terms of fixtures and charter party contracts by communicating directly through a network site rather than through a traditional broker.
  • FIG. 1 is a schematic diagram of a communications network for use with the present invention, which allows charterers and ship owners to communicate with a network site;
  • FIG.2 is a schematic block diagram of exemplary components of the network site of FIG. 1;
  • FIG. 3 is a representation of an exemplary ship database stored by the central server of FIG. 2;
  • FIG. 4 is a representation of an exemplary contracts database stored by the network site of FIG. 2;
  • FIG. 5 l is a representation of an exemplary user profile database stored by the network site of FIG. 2;
  • FIG. 6 is a representation of an exemplary cargo database stored by the network site of FIG. 2;
  • FIG. 7 is a representation of an exemplary offers database stored by the network site of FIG. 2;
  • FIG. 8 is a representation of an exemplary forms database stored by the network site of FIG. 2;
  • FIG. 9 is a representation of an exemplary preferences database stored by the network site of FIG. 2;
  • FIG. 10 is a representation of an exemplary trade sheet database stored by the network site of FIG. 2;
  • FIG. 11 is a representation of an exemplary clauses database stored by the network site of FIG. 2;
  • FIG. 12 is a representation of an exemplary e-mail database stored by the network site of FIG. 2;
  • FIG. 13 is a representation of an exemplary help database stored by the network site of FIG. 2;
  • FIG. 14 is a representation of an exemplary log file database stored by the network site of FIG. 2;
  • FIG. 15 is a flowchart representing exemplary steps performed by a ship owner for negotiating a fixture accordmg to one embodiment of the present invention;
  • FIG. 16 is a flowchart representing exemplary steps performed by a charterer for negotiating a fixture accordmg to one embodiment of the present invention
  • FIG. 17. is an exemplary set of main menu functions provided to a user of the network site of FIG. 2;
  • FIG. 18 is a flowchart representing exemplary steps performed by a ship owner for updating ship positions according to one embodiment of the present invention.
  • FIG. 19 is a flowchart representing exemplary steps performed by a user for accessing a ship position list according to one embodiment of the present invention
  • FIG. 20 is a flowchart representing exemplary steps performed by a ship owner for updating ship specifications according to one embodiment of the present invention
  • FIG. 21 is a flowchart representing exemplary steps performed by a user for viewing ship specifications according to one embodiment of the present invention.
  • FIG. 22 is a flowchart representing exemplary steps performed by a charterer for listing and updating cargo according to one embodiment of the present invention
  • FIG. 23 is a flowchart representing exemplary steps performed by a user for viewing listed cargo according to one embodiment of the present invention
  • FIG. 24 is a flowchart representing exemplary steps performed by a user for generatmg and viewing a daily fixture report according to one embodiment of the present invention
  • FIG. 25 is a flowchart representing exemplary steps performed by a user for generating and viewing a custom fixture report according to one embodiment of the present mvention
  • FIG. 26 is a flowchart representing exemplary steps performed by a ship owner for submitting an offer to ship listed cargo according to one embodiment of the present invention
  • FIG. 27 is a flowchart representing exemplary steps performed by a charterer for negotiating a fixture according to a further embodiment of the present invention
  • FIG. 28 is a flowchart representing exemplary steps performed by a ship owner for negotiating a fixture according to a further embodiment of the present invention.
  • FIG. 29 is a flowchart representing exemplary steps performed by a user for accessing stored charter party forms according to one embodiment of the present invention.
  • FIG. 30 is a flowchart representing exemplary steps performed by a user for accessing stored standard contract clauses accordmg to one embodiment of the present invention
  • FIG. 31 is a flowchart representing exemplary steps performed by a user for accessing stored trade sheets according to one embodiment of the present invention
  • FIG. 32 is a flowchart representing exemplary steps performed by a user for accessing a user list according to one embodiment of the present invention.
  • FIG. 33 is a flowchart representing exemplary steps performed by a user for changing user preferences accordmg to one embodiment of the present invention.
  • FIG. 34 is a flowchart representing exemplary steps performed by a user for contacting a site administrator according to one embodiment of the present invention
  • FIG. 35 is a flowchart representing exemplary steps performed by a user for accessing help functions according to one embodiment of the present invention.
  • FIGS. 1-35 wherein similar components of the instant invention are referenced in like manner, a preferred apparatus for allowing charterers and ship owners to exchange information and negotiate charter parties, and accompanying methods for using the same, are disclosed.
  • FIG. 1 depicted therein is an exemplary computer network 10 by which a plurality of charterers, using charterer terminals 20a-20c, may interact with a plurality of ship owners, using owner terminals 30a-30c, via network site 40 in any known manner.
  • computer network 10 is preferably an Internet-based network, it may be any one or more of a local area network (LAN), a wide-area network (WAN), an intranet environment, an extranet environment, a broadband wireless network or other type of computer or communications network, such as those enabled over public switched telephone networks.
  • LAN local area network
  • WAN wide-area network
  • intranet environment such as those enabled over public switched telephone networks.
  • extranet environment such as those enabled over public switched telephone networks.
  • broadband wireless network such as those enabled over public switched telephone networks.
  • Remote terminals 20, 30 may be any computing device, such as a personal computer, a workstation, a network terminal, a wireless Internet access device or any other device that can communicate with the network site 40 over the computer network 10.
  • Remote terminals 20, 30 may include one or more charterer remote terminals 20a-20c and one or more ship owner remote terminals 30a-30c as described further hereinbelow.
  • Network site 40 may include any number of computer servers which cooperate to maintain the system of the present invention and perform the methods for using the same.
  • a network site 40 may maintain a web site which is hosted on the Internet.
  • a charterer or ship owner may communicate with the server 40 through remote terminals 20, 30 which may be equipped with hardware and software that accommodates Internet access over the computer network 10.
  • the network site 40 may host a bulletin board site or a separate community of network servers, such as those maintained by AMERICA ONLINE, hi that case, a charterer or a ship owner may communicate with the network site 40 by dialing directly into the network site 40 using the appropriate remote terminal 20, 30 which, in turn, may be equipped with a modem or the like that can transmit and receive data over a public switched telephone network.
  • Other variations and configurations of the computer network 10 will be apparent to one of ordinary skill in the art.
  • FIG.2 displayed therein are exemplary components of the server
  • the primary component of network site 40 is a processor 41, which may be any commonly available microprocessor, such as the PENTIUM III manufactured by INTEL CORP.
  • the processor 41 may be operatively connected to further exemplary components, such as RAM/ROM 42, a clock 43, input/output devices 44, and a memory 45 which stores one or more operating system and application programs 46 as well as a plurality of databases 47-58, described further hereinbelow.
  • the processor 41 operates in conjunction with random access memory and read- only memory in a manner well known in the art.
  • the random-access memory (RAM) portion of RAM/ROM 42 may be a suitable number of Single In-line Memory Module (SIMM) chips having a storage capacity (typically measured in kilobytes or megabytes) sufficient to store and transfer, inter alia, processing instructions utilized by the processor
  • RAM/ROM 42 may be any permanent non-rewritable memory medium capable of storing and transferring, inter alia, processing instructions performed by the processor 41 during a start-up routine of the network site 40. Further functions of RAM/ROM 42 will be apparent to one of ordinary skill in the art.
  • the clock 43 may be an on-board component of the processor 41 which dictates a clock speed (typically measured in MHz) at which the processor 41 performs and synchronizes, inter alia, communication between the internal components of the network site 40. Further functions of the clock 43 will be known to one of ordinary skill in the art.
  • the input/output device(s) 44 may be one or more commonly known devices used for receiving operator inputs, network data, and the like and transmitting the same to the remote terminals 20, 30. Accordingly, exemplary input devices may include a keyboard, a mouse, a voice recognition unit and the like for receiving user inputs. Exemplary output devices may include any commonly known devices used to present data to an operator of the network site 40 or to transmit data over the computer network 10. Accordingly, suitable output devices may include a display, a printer and a voice synthesizer connected to a speaker.
  • Other input/output devices 44 may include a telephonic or network connection device, such as a telephone modem, a wireless modem, a cable modem, a T- 1 connection, a digital subscriber line or a network card, for communicating data to and from other computer devices 20, 30 over the computer network 10. It is preferable that any network or communication devices used as input/output devices 44 be of the type that can handle high bandwidth or large amounts of network traffic as is consistent with the operation of an Internet web server and the like.
  • the memory 45 may be an internal or external large capacity device for storing computer processing instructions, computer-readable data, and the like.
  • the storage capacity of the memory 45 is typically measured in megabytes or gigabytes.
  • the memory 45 may be one or more of the following: a floppy disk in conjunction with a floppy disk drive, a hard disk drive, a CD-ROM disk and reader/writer, a DND disk and reader/writer, a ZIP disk and a ZIP drive of the type manufactured by IOMEGA CORP., and/or any other computer readable medium that may be encoded with processing instructions in a read-only or read-write format. Further functions of, and available devices for, memory 45 will be apparent to one of ordinary skill in the art.
  • the memory 45 may store, inter alia, a plurality of programs 46 which may include, for example, an operating system such as WINDOWS NT by MICROSOFT CORP.
  • the memory 45 may further store one or more application programs which are necessary to implement the embodiments of the present invention, such as a database program for managing databases 46-58, and a web hosting program for presenting users with preformatted web pages or other appropriate interfaces.
  • the database program may be any large volume data management software, and is preferably an SQL-based relational database management program of the type manufactured by ORACLE.
  • the web hosting program may allow pre-formatted web pages that allow users to perform the processes described below with respect to FIGS . 15- 35.
  • Such programs may be written in HTML, XML, JAVA Script, and the like.
  • Memory 25 may contain further programs which contain processing instructions for implementing the methods disclosed herein.
  • FIG. 3 depicts an exemplary ship database 47 which may be stored on network site 40 according to the present invention.
  • the ship database 47 is operative to store data for a plurality of ships in order to allow charterers to find a ship suiting their cargo transport needs.
  • the ship database 47 may have a plurality of fields for storing a plurality of ship names, ship identifications, and owners of each ship stored therein.
  • Further ship statistics may be stored for each ship, such as, deadweight, overall length (loa), beam, draft, distance from keel to top of mast, cubic capacity, hull type, age, flag (i.e., the nation in which the ship is registered), classification society, usual cargoes, current ship position/location and the like. All these factors may be used to negotiate and determine whether a particular ship is suitable, as well as to determine an acceptable fee for transportation of cargo.
  • FIG. 4 depicts an exemplary fixture or contract database 48 which may be stored on network site 40 according to the present invention.
  • the contract database 48 is operative to store data for a plurality of contracts that have been entered into by subscribers (i.e., charterers and ship owners) of the network site 40. Such stored contracts may be used by other users of the network site 40 as a model for contract negotiations. Accordingly, the contract database 48 may have a plurality of fields for storing fixture dates, names of ships involved, cargo quantities involved, cargo types, load dates, load ranges, discharge ranges, cargo rates, names of charterers, and other information that is determinable from typical charter party contracts.
  • this database may be provided to other charterers and ship owners, upon approval of the contracting parties, so that other charterers and ship owners may gain insight into the current market conditions for shipping contracts. Otherwise, this database 48 serves to preserve agreements entered into by subscribers of the network site 40 in case of later conflict. An example of a stored charter party contract is provided hereinbelow.
  • FIG. 5 depicts an exemplary user profile database 49 which may be stored on network site 40 according to the present invention.
  • the user profile database 49 is operative to store data for a plurality of ship owners and charterers who, for example, may subscribe to the service provided by network site 40 as described herein.
  • the user profile database 49 stores information on each such subscriber for reference by the system or for examination by other subscribers.
  • the user profile database 49 may have a plurality of fields for storing a login identification, a password, a name, an address, contact information (such as an e-mail address, telephone number, cellular telephone number, pager number and the like), as well as an indication of whether the user is a charterer or a ship owner.
  • the login identification and password fields, as well as other sensitive information may be shielded through encryption and the like from all but the actual user to whom they correspond, in order to protect against fraud.
  • FIG. 6 depicts an exemplary cargo database 50 which may be stored on network site 40 according to the present invention.
  • the cargo database 50 is operative to store data entered by a plurality of charterers so that ship owners may bid on a rate for transporting the cargo.
  • the charterers input rate offers into the cargo database 50, which are reviewed by the ship owners. If a ship owner finds a particular rate acceptable, the ship owner selects that rate for transporting cargo from the cargo database 50.
  • the cargo database 50 may have a plurality of fields for storing a cargo quantity, a cargo type, a cargo load, discharge requirements, required lay days, an indication of whether the cargo may be publicly or privately bid, the name or other identification of the charterer, and the loading region for the cargo. All these factors may be used to negotiate and determine an acceptable rate or fee for transportation of cargo corresponding to each stored description.
  • FIG. 7 depicts an exemplary offers database 51 which may be stored on network site 40 according to the present invention.
  • the offers database 51 is operative to store offers made by ship owners to charterers for handling a particular cargo.
  • the offers database 51 may have a plurality of fields for storing a cargo quantity to which the offer relates, the cargo type, the load range, discharge requirements, range limitations, lay days involved in the transaction, shipping rates, demurrer rates, rider clauses and any other negotiable or non-negotiable data to be affiliated with a particular offer.
  • the offer may be stored for a predetermined time, until accepted or rejected by a charterer.
  • charter party contracts or fixtures contain many standardized contract clauses and the like.
  • FIG. 8 depicts an exemplary forms database 52 which may be stored on network site 40 according to the present invention.
  • the forms database 52 may store a plurality of forms for use by subscribers and the like, including charter party forms, standard riders and contract addenda.
  • FIG. 9 depicts an exemplary preferences database
  • the preferences database 53 which may be stored on network site 40 according to the present invention.
  • the preferences database 53 is operative to store user-defined preferences corresponding to each subscriber or user of the network site 40. Accordingly, the preference database 53 allows each user to determine and store, for example, which menus from menu system 1700 (FIG. 17) are to be presented upon login and the order in which the user wishes the fields to be presented. Other user preferences that may be applied will be apparent to one of ordinary skill in the art.
  • FIG. 10 thus depicts an exemplary trade sheet database 54 that may be stored on network site 40.
  • the trade sheet database
  • 54 may have exemplary fields for storing the source of the trade sheet (i.e., the company or party who published it), the date of the trade sheet and the information contained in each trade sheet.
  • FIG. 11 depicts an exemplary clauses database 55 which may be stored on network site 40 according to the present invention.
  • the clauses database 55 is operative to store a plurality of standard clauses such as are displayed in Part II of the sample Tanker Voyage Charter Party provided below. Accordingly, the clauses database 55 may have a plurality of fields for storing standard charter party clauses such as warranties, voyage requirements, full cargo clauses, bunker replacement clauses, freight, nomination of loading and discharge ports, estimated time of arrival, notice of readiness provisions, cancellations, laytime and demurrage. Other standard charter party clauses may likewise be stored.
  • the network site 40 may maintain an e-mail database 56 as depicted in FIG. 12.
  • the e-mail database 56 may include a plurality of fields including the party to whom the message was addressed, the party who sent the message, the date of the message, the subject line of the message and the text of the message. Messages may be stored for a predetermined amount of time, or my be deleted by the sending or receiving party at their discretion.
  • help database 57 may be stored for access by users or subscribers of the system. Accordingly, the help database 57 may contain an index of searchable terms or keywords that a subscriber may review. The help database 57 may further contain text instructions that correspond to each keyword for assisting the subscriber in performing or completing a desired function.
  • FIG. 14 depicts an exemplary log file database 58 which may be stored on network site 40 according to the present invention.
  • the log file database 58 is operative to store a record of transactions which take place on network 40. Such a database may be useful, for example, to reconstruct current data if the site 40 experiences a crash between backups.
  • the log file database 58 may have a plurality of fields for storing the date and time of a transaction on the site 40, the user id of the user initiating the transaction and the type of transaction (i.e. a change in user preferences, the transmission of an offer, or any other transaction contemplated as being part of the present invention).
  • Other data may likewise be stored in log file database 58.
  • databases may vary from the examples provided. For example, further or fewer fields may be provided, or databases may be combined, integrated or further sub-divided as will be appreciated by one of ordinary skill in the art.
  • field titles may be altered from those presented above without impacting the spirit and scope of the present invention.
  • alternative data structures other than standard database formats, may be readily employed.
  • FIG. 15 therein is depicted an exemplary process 1500 performed by a ship owner for negotiating a charter party contract.
  • the process 1500 is initiated when a ship owner, using remote terminal 30a logs into the network site 40 (step 1502).
  • the site 40 compares the entered login identification (i.d.) and password to those stored in the user profile database 49. If the i.d. and password are verified, the site 40 allows the ship owner to access various information including the ship owner's information stored in the ship database 47.
  • the ship owner may then, for example, update particular ship information (step 1504) including, for example, a current position of the ship.
  • the update may then be stored in the ship database 47 so that other subscribers may review it.
  • a charterer having cargo requirements which match the ship owner's ship information may then contact the ship owner, e.g. via e-mail, and enter negotiations for completing a charter party contract (step 1506). If the negotiations are successful both parties then finalize a charter party agreement and the system stores the contract in the contract database 48 (step 1508).
  • FIG. 16 a therein is depicted an exemplary process 1600 performed by a charterer for negotiating a charter party contract with a ship owner.
  • the process 1600 is initiated when a charterer, using remote terminal 20a, logs into the network site 40 (step 1602).
  • the site 40 compares the entered login i.d. and password to those stored in the user profile database 49. If the i.d. and password are verified, the site 40 allows the charterer to access various information including searching ship and cargo data entered by a plurality of ship owners, which is stored in the ship database 47 (step 1604) including, for example, a current position of the ship, an availability of the ship and the like.
  • FIG. 17 displays a list of main menu functions 1702- 1736 which may be available in a system of the present invention and which are each described in further detail below with respect to FIGS. 18-35. For each process depicted in FIGS.
  • steps on the left portion of each flowchart may be performed by users or subscribers accessing the system. Additionally, the steps on the right portion of the flowcharts may be performed by the network site 40. It is contemplated that in order to access the main menu features of the system of the present invention, a user may be required to enter a valid user identification and password. It is further contemplated that in order to access certain of the functions, the user i.d. and password must be re-entered each time that function is requested. An exemplary process 1701 for re-entering the user i.d. and password is therefore presented in FIG. 17.
  • the process 1701 begins when a user requests a particular function, for example, a request to update ship specifications 1706, to view ship specifications 1708, to list and update cargos 1710 and to view available cargoes 1712.
  • a user requests a particular function, for example, a request to update ship specifications 1706, to view ship specifications 1708, to list and update cargos 1710 and to view available cargoes 1712.
  • the system requires the user to enter the user's i.d. and password (step 1740).
  • the system verifies that the entered i.d. and password are valid (step 1742). If the i.d. and/or the password are invalid, the system presents an "invalid user/password" message to the user (step 1744) and the user is returned to the main menu. If the entered i.d.
  • the system processes the requested function (step 1746), formats a screen display corresponding to the request (step 1748) and transmits the screen presentation data to the user's remote terminal (step 1750). The user may then view the screen containing the requested information (step 1752). If the user requests further functions wliich require the re-entry of an i.d. and password (step 1754), then process 1701 returns to step 1740, discussed above. Otherwise, process 1701 ends.
  • a first process 1800 available to users of the system of the present invention allows ship owners to update ship positions by selecting the "update ship position function" 1702.
  • the system Upon actuating a virtual button corresponding to function 1702, which is presented on the main menu 1700 of the user's display, the system sends a ship list corresponding to one or more ships owned or operated by the owner (step 1802).
  • the ship list may include ship names, the deadweight of each ship and the year each ship was built.
  • the owner selects a ship for updating by designating one of the ships on the list (step 1804).
  • the system then accesses the ship database 47 and retrieves current ship parameters, such as the next date the ship is available, the next port where the ship will be available, the ship's ballast speed, the ship's last cargo, the ship's last charterer, the last update to information for the ship, etc (step 1806).
  • the information is then displayed to the ship owner (step 1808).
  • the ship owner may then update the desired ship information by entering the update data into a remote terminal 30 and transmitting the same to the network site 40 (step 1810).
  • the site 40 then stores the new data in the appropriate fields of ship database 47 (step 1812), and transmits an acknowledgment of the update to the ship owner (step 1814), which is displayed on the ship owners remote terminal (step 1816).
  • a record of the update may further be stored in the log file.
  • the system then presents to the owner the option of updating another ship (step 1820). If the ship owner wishes to update another ship, the process 1800 returns to step 1804, described above. If the ship owner indicates that there are no other ships that are to be updated, process 1800 ends and the ship owner is returned to the main menu 1700 (step 1822).
  • Process 1800 may be used to add a new ship as well as to update current ships stored by the system.
  • a user of the system of the present invention may also select a 'position list' function 1704 which will display ships having designated parameters to the user.
  • a process 1900 for presenting such information starts when the user activates a virtual button which corresponds to the function (step 1704).
  • a screen for entering particular ship parameters is then transmitted to the user (step 1902).
  • the user may then enter ship parameters which define the type of ship in which the user is interested (step 1904). Such parameters may include the ship's next open port, the date range in which the ship is needed, the cargo type, hull type, maximum age, as well as minimum or maximum values for ship deadweight, draft, overall length, beam and cubic capacity.
  • the system compares the entered parameters to values stored in the ship database 47 (step 1906).
  • the system then generates a list of sliips matching the entered criteria and presents it to the user for review (step 1908).
  • the user is then given the option to print the ship list (step 1910). If the user indicates that the list is to be printed, the list is then printed, for example on printer 21, 31 which is in communication with the user terminal 20, 30 as shown in FIG. 1.
  • step 1912 the process 1900 continues to step 1912, where the user may select more information for a particular ship. If the user wishes to view more information for a particular ship the process 1900 continues to step 1916, discussed below. If, however, the user does not select more information for a particular ship, the process 1900 continues to step 1914, where the user may revise the previously entered ship parameters. If the user wishes to revise entered ship parameters, process 1900 returns to step 1904, described above. Otherwise, the process 1900 ends.
  • the user may select a ship for which more information is to be presented.
  • the system prepares a form to display the further ship information by accessing the ship database 47 and transmitting the form with the completed information to the user (step 1918).
  • the user may then review the further ship information (step 1920).
  • the system inquires whether the user wishes to view more ship information for another ship (step 1922). If so, the process 1900 returns to step 1908, described above. Otherwise, the process 1900 continues to step 1924, where the user is asked whether the further ship information is to be printed. If the user wishes to print the further ship information, the user directs the information to be printed (step 1926).
  • step 1928 the user can specify that more specific information be presented on the subject ship, if available. If there is more information to present and the user wishes to heave it displayed, the user selects the form corresponding to the desired information (step 1930) and the process returns to step 1918, discussed above. Iftheuser does not wish to have more information presented, the process continues to step 1932. At step 1932, the user is presented with the option to receive a new list of ships. If the user wishes to view a new list of ships, the process 1900 returns to step 1902, otherwise the process 1900 continues to step 1934.
  • step 1934 if the user finds an acceptable ship, he may start negotiations by requesting that an offer be made by the ship owner to transport desired cargo.
  • the cargo information is entered (step 1936), designated as public or private information, and stored in the cargo database 50.
  • the request for an offer is preferably transmitted to the owner of the ship (step 1938), preferably via e-mail, and the communication may then be stored in e-mail database 56.
  • the user at step 1934 does not wish to enter a request for an offer, process 1900 ends.
  • An "update ship specifications" button 1706 may be provided on the main menu 1700.
  • the system Upon activation of the button 1706, the system executes an exemplary process 2000 for updating stored ship specifications.
  • the process 2000 begins where the list of all ship owned by the owner is retrieved from the ship database 47 and transmitted to the ship owner (step 2002). The ship owner may then select a ship and a form or template corresponding to the information that is to be added, deleted, transferred or updated (step 2004). If information is to be updated, the process 2000 continues to step 2022. Otherwise, the process continues to step 2006, discussed further hereinbelow.
  • the system receives a description of the ship from the ship owner and retrieves the record corresponding to that ship from the ship database 47.
  • the currently stored information is transmitted to the ship owner and presented in a predefined form (step 2024).
  • the ship owner may then select whether the information is to be updated (step 2026). If so, the updated ship information is entered by the ship owner and transmitted to the system for storing in the ship database 47 (step 2028). After the information has been updated, or if the ship owner does not wish to update the ship information, the process 2000 continues to step 2030, where the owner has the option of selecting another ship to update.
  • step 2000 If the owner wishes to update another ship, the process 2000 returns to step 2004 discussed above. Otherwise the process 2000 continues to step 2032, where the owner is asked whether the ship information is to be printed (step 2032). If so, the process 2000 continues to step 2034 where the information is printed. Otherwise, the process 2000 ends.
  • step 2006 the ship owner is first asked whether a new ship is to be added. If so, the process 2000 continues to step 2008 where the new ship specifications are entered by the ship owner. The new ship information is then added to the ship database 47 (step 2010). If instead, the ship owner wishes to delete a ship, the process 2000 continues to step 2012 from step 2006. The ship owner selects the ship to be deleted (step 2014) and the ship information is removed from the ship database 47.
  • process 2000 continues to step 2016, where the user may change the ship data to reflect that a new owner or charter authority controls the ship.
  • the name of the new owner or authority is entered at step 2018 and transmitted to the system for storage in the ship database 47 (step 2020).
  • the transaction between the ship owner and the system in which updates, transfers, additions or deletions to the ship database 47 may be recorded in a log file as discussed above.
  • FIG. 21 therein is depicted an exemplary process 2100 for allowing a user to view various ship specifications for a ship already known to the user.
  • a "view ship specifications” button 1708 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1708, the system initiates the process 2100.
  • the process 2100 begins where a request form to be completed by the user is transmitted to the user's remote terminal 20, 30 (step 2102).
  • the user enters the desired ship criteria into the appropriate places on the form (step 2104).
  • Such criteria may include a ship's name, deadweight, the year it was built, the owner, or any other particular ship data.
  • the system uses the entered criteria to retrieve the corresponding ship data from the ship database 47 (step 2106). If the ship data is found (step 2108), the process continues to step 2110 below. Otherwise, the process returns to step 2104 where the user is requested to enter new data.
  • a list of one or more ships that match the entered criteria are transmitted to the user.
  • the user may then select the desired ship and a form containing the data in which the user is interested in reviewing (step 2112).
  • the system then fills in the form information from data stored in the ship database 47 (step 2114) and transmits the data for display on the user terminal (step 2116).
  • step 2118 the user is presented with the option of selecting another form containing further ship data. If the user wishes to view further forms of data, the process 2100 returns to step 2112 above. Otherwise, the process continues to step 2120.
  • step 2120 the user is presented with the option to review ship specifications for another ship. If the user decides to view ship data for another ship, the process returns to step 2104 above. Otherwise, the process continues to step 2122, where the user is presented with the option of printing the data. If the user so chooses, the retrieved data may be printed (step 2124). Otherwise the process 2100 ends.
  • a "list and update cargo" button 1710 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2200 which begins at step 2201 where a list of available cargoes is retrieved from the cargo database 50 and transmitted to the charterer.
  • the charterer may choose a particular cargo for viewing (step 2202).
  • cargoes entered into the system may be of two types, public or private. A public cargo is available for viewing by all users of the system.
  • a private cargo is entered and stored in cargo database 50, but may only be viewed by ship owners or other users designated by the party who entered the cargo data.
  • the charterer may periodically refresh the screen display to confirm that no new data has been entered for the cargo (step 2204).
  • the cargo listing may then be viewed in detail (steps 2206 and 2208).
  • step 2210 the charterer is asked whether he or she wishes to enter new cargo data. If so, the cargo data is entered at step 2212 and stored in the cargo database 50. Otherwise, the process continues to step 2214.
  • step 2214 the charterer is asked whether he or she wishes to update existing cargo data. Only data originally entered by the charterer may be updated. If the charterer wishes to update any data, the update is entered at step 2216 and stored in the cargo database 50. Otherwise the process continues to step 2218.
  • step 2218 the charterer is asked whether he or she wishes to delete existing cargo data. Only data originally entered by the charterer may be deleted. If the charterer wishes to delete any data, the request is executed at step 2220 and removed from the cargo database 50. Otherwise the process continues to step 2222.
  • step 2222 the charterer is asked whether he or she wishes to print any of the displayed cargo data. If so, the cargo data is printed at step 2224. Otherwise the process continues to step 2226.
  • step 2226 the charterer is asked whether he or she wishes to quote particular cargo data to other users. Only data originally entered by the charterer may be quoted.
  • step 2228 the quote is received by the system (step 2228) stored in the e-mail database 56 and communicated, preferably by e-mail, to other subscribers of the system (step 2230), after which process 2200 ends.
  • FIG. 23 there is depicted an exemplary process 2300 for allowing a user to view available cargoes.
  • a "view cargo" button 1712 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2300 which begins at step 2301 where a list of available cargoes is retrieved from the cargo database 50 and transmitted to the user.
  • the user may then select a particular cargo from the list for viewing (step 2302).
  • the user may search for cargo meeting certain criteria by entering a search request (step a search request).
  • the system compares the request to data stored within the cargo database 50 and presents any returns to the user at step 2310, described below.
  • step 2306 the user is then asked whether the listing should be printed (step 2306). If so, the selected cargo is printed at step 2308. Otherwise, the process 2300 continues to step 2310.
  • step 2310 particular information corresponding to the cargo is presented to the user in a predefined format.
  • the system inquires whether the user would like to print the displayed cargo (step 2312) and if so, the listing is printed at step 2314. Otherwise, the process 2300 continues to step 2316.
  • step 2316 the system inquires whether the user would like to select another cargo listing. If so, the process returns to step 2302, described above. Otherwise, the process 2300 continues to step 2318.
  • the user is asked whether they would like to place an offer on the cargo. If so, the offer is accepted and sent, preferably via e-mail, to the user who posted the cargo (step 2320). The terms of the offer may be parsed and stored in the offers database 51. If the user does not wish to transmit an offer, the process 2300 ends.
  • FIG.24 there is depicted an exemplary process 2400 for allowing a user to review information from previously-stored fixtures or charter party contracts based on the date of each fixture.
  • a "view fixtures" button 1714 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2400 which begins at step 2401 where the system asks the user to specify a date or a date range of entered fixtures to view. The user then inputs the desired data or date range (step 2402). The system then refers to the fixture database 48 and retrieves data for all fixtures meeting the criteria and the results are transmitted to the user in a predefined format (step 2404). Continuing to step 2406, the system inquires whether the user wishes to print any or all of the retrieved data. If so, the process 2400 continues to step 2408 where a report of the fixture data is printed. Otherwise, the process 2400 continues to step 2410.
  • step 2410 the system inquires whether the user wishes to review other fixture data. If so, the process 2400 returns to step 2402, discussed above. Otherwise, the process 2400 ends.
  • the system of the present invention will include a custom report feature wherein fixtures having certain characteristics, such as type of cargo, or involving certain parties, may be searched and presented.
  • a "custom fixture report" button 1716 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2500 which begins at step 2501 where a list of available search fields related to the cargo database 50 is presented to the user.
  • the user may then input the desired fixture criteria (step 2502).
  • the system refers to the fixture database 48 and retrieves data for all fixtures meeting the criteria.
  • the system assembles the returned data in a predefined format (step 2503) and the results are transmitted to the user (step 2504).
  • step 2506 the system inquires whether the user wishes to print any or all of the retrieved data. If so, the process 2500 continues to step 2508 where a report of the fixture data is printed. Otherwise, the process 2500 continues to step 2510.
  • step 2510 the system inquires whether the user wishes to review other fixture data. If so, the process 2500 returns to step 2502, discussed above. Otherwise, the process 2500 ends.
  • FIG.26 there is depicted an exemplary process 2600 for allowing a ship owner to make an offer on public or private cargo.
  • a "submit offer" button 1718 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2600 which begins at step 2602 where the system transmits to the ship owner a list of public cargoes, as well as private cargoes addressed to the ship owner.
  • the ship owner may review the cargo list. The ship owner may then choose to print the list (steps 2606 and 2608).
  • the ship owner may select a particular cargo and a format containing cargo information of interest (step 2 10).
  • the system retrieves the selected cargo data and transmits it to the ship owner in the selected format (step 2612).
  • the ship owner then reviews the cargo information (step 2614).
  • the system next inquires whether the ship owner would like to review another cargo entry (step 2616). If so, the process 2600 returns to step 2604, described above. Otherwise, the process 2600 continues to step 2618 where the ship owner is asked whether a previous offer should be retrieved for review. If the ship owner wishes to view the terms of a previous offer, the system receives an identification of the previous offer, retrieves it from the offers database 51 and presents it to the ship owner (step 2620).
  • step 2622 the ship owner is asked whether the retrieved offer should be printed (step 2622). If so, the retrieved offer is printed at step 2623. The process then continues to step 2624, wherein the system inquires whether the ship owner would like to insert the previous offering criteria into a new offer, or to prepare a new offer without using previously stored information. The ship owner may then enter new offer criteria or select any or all of the retrieved offer criteria, if available.
  • Offering criteria may include a quantity of a cargo, a cargo type, a discharge requirement, a cargo range, the number of laydays required, a rate to be paid, a demurrage rate, desired rider clauses for the fixture, and the like.
  • step 2626 the system inquires whether the prepared offer is to be submitted. If so, the offer is sent to the charterer who entered the cargo data, preferably via e-mail, and is stored in the offers database 51 (step 2628). Otherwise, the process 2600 continues to step 2630. At step 2630, the system inquires whether the offer is instead to be saved for future submission. If so, the offer is saved in the offer database 51, and designated as being on hold rather than active (step 2632), after which the process 2632 ends. In the alternative, the ship owner may choose not to save or submit the entered offer, in which case the process 2600 ends as well.
  • FIG.27 there is depicted an exemplary process 2700 for allowing a charterer to negotiate a fixture or charter party contract with a ship owner.
  • a "negotiate (by charterer)" button 1720 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2700 which begins at step 2702 where the system sends the charterer a list of open (i.e. listed but non-negotiated) cargoes which have received an offer.
  • the charterer may then open the open cargo list (step 2704), choose a cargo (step 2706) and review a list of offers submitted for the cargo (step 2710) which are retrieved from the offers database 51 (step 2708).
  • the charterer may then select an offer and respond to the party who transmitted it, preferably via an e-mail message (step 2712).
  • the response may include a modification of the submitted offer.
  • the system transmits the response to the owner (step 2714) and the e-mail is stored in the e-mail database 56.
  • the owner may review the response (step 2716).
  • step 2728 the system inquires whether the ship owner agrees to the terms in the response. If so, the process 2700 continues to step 2730 discussed below. Otherwise, the system then inquires whether the owner wishes to continue the negotiation (step 2718). If not, the system inquires whether the owner wishes to place the offer on hold (step 2720). If the owner elects to hold the offer, the offer is stored in offers database 51 with a designation that its status is on hold. If the owner does not wish to place the offer on hold, the process 2700 ends at step 2722.
  • step 2724 the owner generates a response to the charterer's response which is transmitted to the charterer.
  • the response may be stored in e-mail database 56.
  • the charterer then reviews the ship owners response (step 2726). If the charterer agrees to the terms in the response, the process 2700 continues through step 2728 to step 2730, discussed further below. Otherwise, the system inquires whether the charterer wishes to continue the negotiations (step 2734). If the charterer does not wish to continue the negotiations, then the system inquires whether the modified offer is to be placed on hold (step 2736). If the charterer so designates, then the modified offer is stored in the offers database 51 with an indication that it is on hold. If the charterer does not wish to hold the offer, then the process 2700 returns to step 2710 above where the charterer may review another offer and continue therefrom.
  • step 2730 the system next inquires whether all portions of the offer which may relate to third parties have received approval from such third parties. If no approval has been received, the process 2700 returns to step 2726 discussed above. If all third party subjects have been lifted, a charter party agreement is created (step 2732) from the terms of the latest offer communicated.
  • FIG.28 there is depicted an exemplary process 2800 for allowing a ship owner to negotiate a fixture or charter party contract with a charterer.
  • a "negotiate (by ship owner)" button 1722 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2800 which begins at step 2802 where the system sends the ship owner a list of the ship owner's open ships offered for a particular cargo.
  • the ship owner may then open an offered ship list (step 2804), choose a ship (step 2806) and review a list of offers submitted corresponding to the ship (step 2810) which are retrieved from the offers database 51 (step 2808).
  • the ship owner may then select an offer and respond to the party who transmitted it, preferably via an e-mail message (step 2812).
  • the response may include a modification of the submitted offer.
  • the system then transmits the response to the charterer (step 2814) and the e-mail is stored in the e-mail database 56.
  • the charterer may review the response (step 2816). Then at step 2828, the system inquires whether the charterer agrees to the terms in the response. If so, the process 2800 continues to step 2830 discussed below. Otherwise, the system then inquires whether the charterer wishes to continue the negotiation (Step 2818). If not, the system inquires whether the charterer wishes to place the offer on hold (step 2820). If the charterer so elects, the offer is stored in offers database 51 with a designation that its status is on hold. If the charterer, on the other hand, does not wish to place the offer on hold, the process 2800 ends at step 2822.
  • step 2824 the charterer generates a response to the owner's response which is then transmitted to the ship owner.
  • the response may be stored in e-mail database 56.
  • the ship owner then reviews the charterer's response (step 2826). If the ship owner agrees to the terms in the response, the process 2800 continues through step 2828 to step 2830, discussed further below. Otherwise, the system inquires whether the ship owner wishes to continue the negotiations (step 2834). If the owner does not wish to continue the negotiations, then the system inquires whether the modified offer is to be placed on hold (step 2836). If the owner so designates, then the modified offer is stored in the offers database 51 with an indication that it is on hold.
  • step 2830 the system next inquires whether all portions of the offer which relate to third parties have received approval. If not, the process 2800 returns to step 2826 discussed above. On the other hand, if all third party subjects have been lifted, a charter party agreement is created (step 2832).
  • the interactions between the ship owner and the charterer may be recorded in a log file 58 as discussed above.
  • FIG. 29 there is depicted an exemplary process 2900 wherein a user of the system may access, modify and print standard or user-specific charter party contract forms stored in the forms database 52.
  • a "charter party forms" button 1724 may be provided on the main menu 1700 for selecting this function.
  • the system executes the process 2900 which begins at step 2902 where the system sends a list of available forms to the user. The user then selects a form from the list (step 2904). In response, the form is retrieved from the forms database 52 (step 2906) and is transmitted to the user. The user then views the form at step 2908.
  • step 2910 Upon viewing the form, the system then inquires whether the user wishes to modify the form (step 2910).
  • the "modify" functionality of step 2910 is available only to the owner of the form. If it is determined that the form is to be modified, and if the selected form is proprietary, the process 2900 continues to step 2912, where the system confirms that the user is the owner of the form to be modified. If the user does not own the form, the user is returned to step 2908. Otherwise, the system receives the user's modifications (step 2914), stores and updates the forms database 52 (step 2916).
  • step 2910 if the user does not wish to modify the form, the system then inquires whether another form is to be viewed instead (step 2918). If so, the process 2900 returns to step 2904 above. Otherwise, the process continues to step 2920. At step 2920, the user may choose to print the form being viewed. If the user does not wish to print the form, the process 2900 continues to step 2924.
  • step 2924 the system inquires whether new information is to be added in order to create a new form.
  • the "add" functionality of step 2924 is available only to users who are not owners of the form. If it is determined that a new form is added in step 2924, the user adds new information (step 2926) wliich is then used to update the forms database 52 (step 2928). If the user does not wish to add new information, the process 2900 continues to step 2930, where the system inquires whether the user wishes to change current information in the selected form. If so, the system receives the changes to current information (step 2932) and adds the changes to the forms database 52 (step 2928). If there are no changes to be made to current form information, the process 2900 ends.
  • FIG. 30 there is depicted an exemplary process 3000 wherein a user of the system may access, modify and print standard or user-specific clauses stored in a clauses database 55.
  • a "clauses" button 1726 may be provided on the main menu 1700 for selecting this function.
  • the system Upon activation of the button 1726, the system initiates the process 3000 which begins at step 3002 where the system sends a list of available clauses to the user. The user then selects a clause from the list (step 3004). In response, the clause is retrieved from the clause database 55 (step 3006) and transmitted to the user. The user then views the selected clause at step 3008.
  • step 3010 Upon viewing the clause, the system then inquires whether the user wishes to modify the clause (step 3010).
  • the "modify" functionality of step 3010 is available only to the owner of the form for the clause. If it is determined that the form is to be modified and if the selected clause is proprietary, the process 3000 continues to step 3012, where the system confirms that the user is the owner of the clause to be modified. If the user did not originally submit the clause, the user is returned to step 3008. Otherwise, the system receives the user' s modifications (step 3014) and updates the clauses database 55 (step 3016).
  • step 3010 if the user does not wish to modify the clause, the system then inquires whether another clause is to be viewed instead (step 3018). If so, the process 3000 returns to step 3004 above. Otherwise, the process continues to step 3020. At step 3020, the user may choose to print the clause being viewed (step 3022). If the user does not wish to print the clause, the process 3000 continues to step 3024.
  • step 3024 the system inquires whether a new form is to be created for the clause.
  • the "add" functionality of step 3024 is available only to users who are not owners of the form. If it is determined that a new form is to be added, the user adds new information (step 3026) which is then used to update the clauses database 55 (step 3028). If the user does not wish to add new information, the process 3000 continues to step 3030, where the system inquires whether the user wishes to change current information in the selected clause. If so, the system receives the changes to current information (step 3032) and adds the changes to the clauses database 55 (step 3028). If, on the other hand, there are no changes to be made to current clause, the process 3000 ends.
  • FIG. 31 there is depicted an exemplary process 3100 wherein a user of the system may access, modify and print standard or user-specific trade sheets stored in a trade sheet database 54.
  • a "trade sheets" button 1728 may be provided on the main menu 1700 for selecting this function.
  • the system Upon activation of the button 1728, the system initiates the process 3100 which begins at step 3102 where the system sends a list of available trade sheets to the user. The user then selects a trade sheet from the list (step 3104). In response, the trade sheet is retrieved from the trade sheet database 54 (step 3106) and transmitted to the user. The user then views the selected trade sheet at step 3108.
  • step 3110 Upon viewing the trade sheet, the system then inquires whether the user wishes to modify the trade sheet (step 3110).
  • the "modify" functionality of step 3110 is available only to the owner of the form for the trade sheet. If it is determined that the form is to be modified, so and if the selected trade sheet is proprietary, the process 3100 continues to step 3112, where the system confirms that the user is the owner of the trade sheet to be modified. If the user did not originally submit the trade sheet, the user is returned to step 3108. Otherwise, the system receives the user's modifications (step 3114) and updates the trade sheets database 54 (step 3116).
  • step 3110 if the user does not wish to modify the trade sheet, the system then inquires whether another trade sheet is to be viewed instead (step 3018). If so, the process 3100 returns to step 3104 above. Otherwise, the process continues to step 3120. At step 3120, the user may choose to print the trade sheet being viewed (step 3122). If the user does not wish to print the trade sheet, the process 3100 continues to step 3124.
  • step 3124 the system inquires whether a new form is to be created for the trade sheet.
  • the "add" functionality of step 3124 is available only to users who are not owners of the form for the trade sheet. If it is determined that a new form is to be added, the user adds new information in a newly added form (step 3126) which is then used to update the trade sheets database 54 (step 3128). If the user does not wish to add new information, the process 3100 continues to step 3130, where the system inquires whether the user wishes to change current information in the selected trade sheet. If so, the system receives the changes to current information (step 3132) and adds the changes to the trade sheets database 54 (step 3128).
  • FIG. 32 there is depicted an exemplary process 3200 wherein a user of the system may search for and contact other users and subscribers of the network site 40.
  • a "directory" button 1730 may be provided on the mainmenu 1700 for selecting this function.
  • the system Upon activation of the button 1730, the system initiates the process 3200 which begins at step 3202 where the system transmits a form for submitting a search of users stored in the users database 49.
  • the user may enter desired criteria on the form (step 3204).
  • the system compares the entered criteria to the information stored in the users database 49 and generates a list of matched users (step 3206).
  • the list is then transmitted to the submitting user (step 3208).
  • the user may then choose to print the list (steps 3210 and 3212).
  • the user may also select one or more of the users on the list to view in more complete detail.
  • the system then prepares a form for presenting the selected user data (step 3214) and inserts the appropriate data from the user database 49.
  • the form and inserted data are then transmitted to the user who may view the form on a remote user terminal 20, 30 (step 3216).
  • the user may then again choose to print the received data (steps 3218 and 3219).
  • the user may then choose to view another user from the received list (step 3220), in which case, the process 3200 returns to step 3208 described above.
  • the process 3200 continues to step 3222 where the user may choose to e-mail the selected user.
  • An e-mail form is presented for the user to fill in (step 3224).
  • the system may transmit the e-mail to the user and/or store the e- mail message in the e-mail database 56 for later retrieval.
  • FIG. 33 there is depicted an exemplary process 3300 wherein a user of the system may set or change existing preferences regarding an interface to the network site 40.
  • a "preferences" button 1732 may be provided on the main menu 1700 for selecting this function.
  • the system Upon activation of the button 1732, the system initiates the process 3300 which begins at step 3302 where the system transmits a list of preferences which the user may set and change.
  • the user may then choose one or more preference settings to change, such as a password, the order of menu functions, and the like (step 3304).
  • the system retrieves the current preference setting from the preferences database 53 and transmits the current setting to the user (step 3306).
  • step 3308 The user may then view the current preference setting (step 3308) and may print the same (steps 3310 and 3312).
  • the system inquires whether the user wishes to view another preference setting. If so, the process returns to step 3304, described above. Otherwise, the process 3300 continues to step 3316 where the user is asked whether the current preference setting displayed is to be modified (step 3316).
  • the user may then enter changes to the preference setting (step 3318) and may also print the changes that were entered (steps 3320 and 3312).
  • the system then processes the changes and stores them in the preferences database 53.
  • a record of the entered changes may further be recorded in the log file database 58, discussed above.
  • FIG. 34 there is depicted an exemplary process 3400 wherein a user of the system may contact an operator or administrator of the network site 40.
  • a "contact site operator" button 1734 maybe provided on the mainmenu 1700 for selecting this function.
  • the system Upon activation of the button 1734, the system initiates the process 3400 which begins at step 3402 where the system transmits an e-mail template to be completed by the user.
  • the user may then input data in the appropriate fields of the template, such as to, from, subject and message text fields (step 3404).
  • the message is forwarded to the system (step 3406) and stored in the e- mail database 56 for retrieval by the operator or administrator.
  • FIG. 35 there is depicted an exemplary process 3500 wherein a user of the system may search a help index relating to functions performed by the network site 40.
  • a "help" button 1736 may be provided on the main menu 1700 for selecting this function.
  • the system Upon activation of the button 1736, the system initiates the process 3500 which begins at step 3502 where an index of help topics may be prepared and transmitted to the user.
  • the help topics may be retrieved from the help database 57 stored on the network site 40.
  • the user may select a particular help topic from the index (step 3504) and may additionally choose to print the index (steps 3506 and 3508).
  • further information regarding the topic are retrieved from the help database 57 (step 3510) and displayed to the user (step 3512).
  • the user may, in turn choose to print the further information (steps 3514 and 3516) and may select and view further help topics (step 3518). After all desired help topics have been viewed, the process 3500 ends.
  • Capacity for Cargo metric tons (1000 kg.) % more or less, Vessel's option.
  • Cubic Capacity for Cargo (at 98%): cubic feet/cubic meters/barrels.
  • Length Overall feet-inches/meters. Beam: feet-inches/meters.
  • Tons Per Inch/Centimeter Immersion Charter Speed: Knots Laden (weather and safe navigation permitting).
  • CBT ballast tank
  • Vessel has operational Inert Gas System: - Yes ' No.
  • (a) VOYAGE The Vessel shall proceed with utmost dispatch to any port( )'placc(.s) as ordered by Charterer in accordance w ith Part I. Clause C, arrive with clean ballast and there load a cargo as described in Part 1. Clause T. Upon completion of loading, the Vessel shall forthwith proceed al the Charter Speed, as set forth in Part I. Clause A., or alternatively at a speed advised by Charterer pursuant lo Clause ⁇ (d) lo any port.s) p(acc(sl as ordered by Charterer in accordance with Pan I, Clause D. and there deliver said cargo.
  • the lcrm "full cargo” shall mean a cargo which fills the Vessel lo its minimum freeboard, as permitted by the International Load Line Convention. 1966. together with any applicable amendment thereto, or fills the cubic capacity of the Vessel's available cargo spaces, whichever occurs first, after leaving appropriate space in the tanks for expansion of cargo.
  • replacement cost shall mean the actual replacement cost of bunkers at the port where bunkers arc next taken or. if bunkers arc not to be taken again, the price paid at the port where bunkers were last taken
  • Charterer need not supply a dill cargo, as defined in Pert I. Clause E. and Clause 2. (b), but if it docs not, deadfrcight shall be paid at (he freight rate stipulated in Part I, Clause G. on the difference between the cargo quantity specified as full cargo in Part I, Clause E. and Clause 2. (b) and the quantity shown on the Bill(s) of Lading or the cargo inspector's Certificate of Inspection, whichever is applicable. Owner will supply Charterer with proper supporting documents (Deadfrcight Statement of equivalent) prior to Charterer making any payment hereunder.
  • Charterer should order Ihe Vessel lo proceed to port(s)/placc(s) not named in or to discharge a quantity of cargo other than as designated on the Uillls) of Lading, or if oiigmal t.ill(s) of Lading arc not available at the discharge port(s),'placc(s) for timely surrender lo the Vessel, the Vessel shall proceed lo the newly named port(s)/ ⁇ lace(s) and/or discharge the newly designated quantity and/or dclivcr ' the cargo to a party and at a facility at the discharge port(s)/ ⁇ lacc(s) as directed by Charterer by letter, telex or cable, if Charterer first advises Owner by letter, telev or cable that in return for Owner's compliance with Charterer's delivery instructions Charterer agrees:
  • the Master shall, as soon as commencing the voyage to the nominated loading port(s)/ptace(s), notify Charterer and, as applicable, the Vessel's/Charterer's agents of the Estimated Time of Arrival (ETA) at the first toad port/place.
  • ETA Estimated Time of Arrival
  • the Master Upon departure from the last loading port place, the Master shall notify thelame parties of the ETA at the first discharge port/place.
  • the Master shall, duration of the voyage permitting, give the same parties notice for each discharge porttplace of 72/4824 hours in advance of ETA and such other notices as Charterer may reasonably request
  • NOR Charterer or its agent Notice of Readiness,
  • the Master or Vessel's agent Upon arrival of the Vessel at customary anchorage at each porttplace of loading or discharge, the Master or Vessel's agent shall give Charterer or its agent Notice of Readiness, ("NOR") by letter, cable, telex, radio or telephone (if by radio or telephone, to be subsequently confirmed promptly in writing) that the Vessel is ready lo load or discharge cargo, berth or no berth.
  • NOR shall be tendered only during the Laydays set forth in Part I. Clause B. With respect to the first load port if the Vessel arrives after the Cancelling Date referred to in Clause 8. below and the voyage is maintained, NOR is to be tendered, and laytime shall commence when the Vessel is all fast or twenty-four (24) hours after tendcrcf NOR, whichever occurs first «.
  • laytime shall not commence before 0600 hours on the Commencing date set forth in Part I. Clause U. Laytime or. if (he vessel is on demurrage, time on dcnu ⁇ rr g.e. as hereinafter provided, shall commence or resume upon Ihe expiration of six (6) hours alter receipt of NOR or upon the Vessel's arrival in berth (i.e. finished mooring when at a sea loading or discharging facility and all fast when loading or discharging alongside a wharf or another vessel in transshipment at sea) whichever first occurs. The number of running hours specified as laytime in Part 1. Clause 1.
  • laylimc or, if the Vessel is on demurrage, time on demurrage, shall be deemed to have continued without interruption from the time of disconnection until Ihe termination of the delay.
  • Charterer shall pay demurrage per running day and pro rata for a pan (hereof at Ihe rate stipulated in Part I, Clause J. for all time by which the allowed laytime specified in Part I, Clause 1. hereof is exceeded by the time taken to load and discharge unless the provisions of Clause 10. (b) apply to aid loading and discharge time.
  • demurrage is incurred due to fire or explosion at the port(s)/p.acc(s) of loading andor discharge, or by breakdown of equipment or machinery in or about the plant of Charterer, shipper or consignee of the cargo; or arises or results from act of God, act of war, strike or lockout or stoppage or restraint of labor from whatever cause, either partial or general, boycott, riot, " civil commotion or by arrest or restraint of princes, rulers or people, the rate of demurrage shall be reduced to one-half per running day or pro rata for part of a running day.
  • Charterer shall notify Charterer within sixty (60) days from the termination ofthe voyage (or of each voyage if this Charter Party specifies (hat more man one voyage is lo be performed) set forth in Part I of this Charter Party if any demurrage has been incurred. Charterer will not be responsible to pay any claim for demurrage arising out of this Charter Party if said sixty (60) day notice is not given and if a claim with full supporting documentation is not presented to Charterer by Owner within ninety (90) days of said termination. Charterer will not be responsible to pay any other claims arising under this Charter Party, except claims for damage to. loss or shortage of cargo and claims against the Owner by a third party for which indemnity from the Charterer is sought, not presented with full supporting documentation within one-hundred eighty (180) days from said termination, • - ⁇ • " ⁇
  • Vessel shall load and discharge at alierth, jetty, doclc, anchorage submarirw line, alongside a vessel or vessels or a lighter or lighters or any other place whatsoever as ordered by Charterer, any lighterage being at the expense, risk and peril of Charterer unless necessitated by fault ofthe Vessel.
  • Charterer shall have the right of requiring the Vessel to shift to another such berth or place once or more often on payment of alt additional expenses incurred including additional bunkers at replacement cost
  • the places grouped in Port and Terminal Combinations in Worldscale current at the date of commencement of loading are to be considered as berths within a single port.
  • Time spent shifting shall count as laytime or, if the Vessel is on demurrage, as time on demurrage.
  • the Vessel loads or discharges at a sea terminal it shall be property equipped at Owner's expense for loading or discharging at such place, including suitable ground tackle, mooring lines and equipment fo la_>dUftgsubr-AnwUr ⁇ »tvi*-tv-n(lO)tonsi- ⁇ wtig L ⁇ * ⁇ .
  • Charterer shall have the right lo require Vessel lo remain at berth for clingagc rundown or other cargo recovery technique
  • the time for such clingage rundown or other cargo recovery technique shall not exceed ten ( 10) hours and (he time so used shall count as laytime or. if Vessel is on demurrage, as lime on demurrage.
  • HOSES Hoses for loading and discharge shall be lumishcd by Charterer and shall be connected and disconnected by Charterer or. at Ihe option of Owner, by Owner at Charterer's risk and expense
  • Charterer shall nominate (he Vessel's agents at each loading ami disch.iigmg port 'place Such agents shall be appointed, instructed and paid for by Owner
  • Charterer has the option of shipping, in available dry cargo space, packaged products and/or general cargo which are not dangerous or hazardous. Freight shall be payable at the rale stipulated in Part I, Clause G. and Charterer shall pay in addition all expenses incurred solely as i result ofthe packaged products/general cargo being carried Delay incurred, as a result of exercising such options, shall count as laytime, or il Ihe Vessel is on demurrage, as lime on demurrage but only lo the extent such time is not concurrent with lime used for loading and/or discharge o the cargo described in Part I, Clause F.
  • Time lost at any port due to quarantine shall not count as laytime or, if the Vessel is on demurrage, as time on demurrage, unless such quarantine was in force at the time when such port was nominated by Charterer.
  • (a) INSPECTOR RESPONSIBILITY Owner shall clean the tanks, pipes and pumps ofthe Vessel to the satisfaction of a cargo inspectoT appointed by Charterer. Neither Owner nor the Vessel shall be responsible for any admixture if more than one quality of oil is shipped, nor for leakage, contamination or deterioration in quality of the cargo unless the admixture, leakage, contamination or deterioration results from ( ⁇ ) an unscawonhy condition existing at the lime of loading or at Ihe inception ofthe voyage which was discoverable by the exercise of due diligence, or ( ii ) error or fault ofthe servants of Owner in the loading, care or discharge ofthe cargo,
  • Ow tier shall ensure that the Master shall
  • Charterer requires the Vessel lo discharge lank washings ashore at a loading port where slop facilities are available. Ihe time shall not count as laytime or. if the Vessel is on demurrage, as lime on demurrage and all additional expenses thereby incurred shall he for Owner's account
  • (a) INSPECTION Cha ⁇ crei shall have the right lo require inspection and/or ullaging of the Vessel's tanks by a cargo inspector it designates at loading and'or discharge port(s)/placc(s) lo ascertain the quantity and quality ofthe cargo and residues and the quanlity ofthe water on board
  • Deprcs ii ⁇ /aiion of (he tanks to permit nispccdon and/or ullaging shall be carried oul in accordance unit recommendations in the latest edition ofthe "International Safely Guide for Oil Tankers and Terminals
  • Charterer shall also have the right to inspect and take samples from the bunker tanks and other non-cargo spaces Any delay to the Vessel caused by such inspections, ullaging.
  • sampling or associated dcprcssu ⁇ zing/rcprcssurizing of tanks shall count as laytime or, if the Vessel is on demurrage, as time on demurrage Charterer shall further have the right al loading or discharge port(sVplace(s) to inspect the Vessel as part of Charterer's or its nominee's vessel inspection program Such inspection shall be conducted in con j unction with (he Master and'or (he designated represen(at ⁇ ve of Ihe Master for (he purpose of determining whether the Vessel is being maintained and operated so as to arrant future employment consideration by Charterer
  • REPRESENTATION Charterer shall have the right to have a representative on board at the discharge port(s).pIace(s) in order to monitor cargo operations, provide advice on maximizing cargo outturn and assist Ihe Master in fulfilling his obligation to ensure that proper pollution prevention procedures are in place. Any delay resulting solely from cargo monitoring, or advising regarding outturn maximization shall account as laytime or, if the Vessel is on demurrage, as time on demurrage.
  • Owner warrants that throughout the Vessel's service under this Charter Party, Owner shall maintain in force full and valid Protection and Indemnity Insurance as set out in the Protection and Indemnity Clause attached to this charter and identified as Attachment "A”.
  • Owner When, in connection with the performance of any voyage provided for in this Charter Party, Owner plans to purchase bunkers at any ⁇ ort(sV ⁇ lace(s), Owner shall purchase the bunkers from Charterer or its designated affiliates) whenever they are so available at competitive prices. In the event lower prices are quoted to Owner by any supplier at the portfs) in question. Owner shall give Charterer or its designated affiliatefs) the opportunity to meet such quotation.
  • servants of Owner in he navigation or management of the Vessel: fire, unless caused by the personal design or neglect of Owner; collision, stranding, or peril, danger or accident of Ihe sea or other navigable waters; or from explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, equipment or machinery.
  • Such right of indemnity shall not apply to any loss or damage arising from (i) signature by or on behalf of the* Master of a Bill of Lading containing statements of fact which he (or other party signing) knows lo be untrue, or (ii) failure by the Master (or other party signing) to exercise proper care lo cheek the Bills of Lading lor Iheir accuracy.
  • the Master shall neither be required in sign Hills of Lading for any port which Ihe Vessel cannot enter, remain ai and leave in safely and always afloat nor for any blockaded po ⁇ t(s) placc(s).
  • CLAUSE PARAMOUNT Any Bill of Lading issued for the carriage of cargo under this Charter Party shall have effect suhjecl to the provisions of the Carriage of Goods by Sea Act of the United States, approved April I ft. 193(1. except that if the Hill of Lading is issued at a place where any other Act. ordinance or legislation gives statutory effect lo the International Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels, August I924. then the Hill of Lading" shall have elTcct subject to the provisions of such Act, ordinance or legislation. The applicable Act.
  • Act ordinance or legislation
  • Carrier is not responsible, by statute, contract or otherwise, (he cargo shippers, consignees or owners of (he cargo shall contribute with Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if (he said salving ship or sliips belonged to strangers.
  • Such deposit as Carrier or its Agents may deem sufficient to cover the estimated contribution ofthe cargo, and any salvage and special charges thereon shall, if required, be made by the cargo shippers, consignees or owners of the cargo to the Carrier before delivery, (iii) GENERAL AVERAGE: General Average shall be adjusted, stated and settled according to York/ Antwerp Rules 1974. as amended 1990, and, as to matters not provided for by those Rules, according to the laws and usages at the place set forth in Part I, Clause K.(a) (except that any payment made by Carrier to Charterer pursuant to Clause 34., (b) or lo a Government or others to "remove” oil or a "threat of oil pollution'' as defined in TOVALOP.
  • Owner shall have the benefit of all limitations of, and exemptions from, liability accorded to the owner or chartered owner of vessels by any statute or rule of law for the time being in force, (vi) DEVIATION:
  • the Vessel shall have liberty lo call al any port(s) pIace(s) in any order, to sail with or without pilots, to tow or to be towed, to go to the assistance of vessels in distress, to deviate for the purpose of saving life or property or of landing any ill or injured person on board, and to call forfuel at anyport orports inorout oflhe regularcour-eoflhe voyage.
  • Any salvage shall be for the sole benefit of Owner. ' — :
  • Charterer shall have the right to order ihe cargo, or such pan of il as may be affected, to be loaded or discharged al any olhcr safe port(s
  • the Vessel shall have liberty to comply w ith any directions or recommendations as to departure, am vat. route's, ports of call, stoppage's, destinations, /ones, waters, delivery oi in any other wise hatsoever give'ii by the government of the nation under whose flag the Vessel sails or any other government or local aulhoi ity including any de facto government or local authoritv or by any person or body acting or purporting (o act as or with the authority of any such government or authority or by any committee or person, having under the terms of the war risk insurance covering the Vessel, the right to give any such directions or lecomniendalions.
  • Charterer may load the Vessel with a part cargo al any port(s)/placc(s) of discharge lo which the Vessel may have been ordered. Owner agrees to discharge such cargo at port(s)'placc(s) nominated by Charterer in accordance with Part I. Clause D of this Charter Party or at any other discharge port(s)'pIaec(s). provided such he within the rotation of discharge port(s)'place(s) previously nominated Freight in respect of such cargo shall be calculated at the demurrage rale stipulated in Part I. Clause J. for all additional time used by the Vessel as a result of loading and discharge of such cargo. Any additional port charges- incurred (including additional bunkers consumed al replacement cost, if shifting is involved) as a result of loading and discharge of such cargo shall be for Charterer's account.
  • Charterer upon notice (by letter, telex or cable) to Owner may assign this Charter Party to any company related or affiliated to it.
  • TOVALOP as used in this Charter means the Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution dated January 7. 1969. as amended from lime lo lime
  • CRISTAL means ihe Comracl Regarding an Interim Supplement to Tanker Liability for Oil Pollution dated January 1 . 1971. ns amended from lime to lime.
  • Oil and Polyution Damage shall, for ( he purposes of this Clause, have (he meanings ascribed lo them in TOVALOP provided, that, in any incident to which (he TOVALOP Supplcmcnl applies. Owner's limit of liability hercunder shall be as provided for in ihe said Supplement.
  • Charter Party consisting of a Preamble, Parts I and II. to be executed in duplicate as ofthe day and year first above written.
  • users ofthe system may pay a subscription fee to have access to the network site 40 and perform the functions described above.
  • the subscription may be charged periodically and/or may be further based on the amount of times that the user accesses the system.
  • a fee may further be charged to each party who completes a charter party contract.
  • the fee may be based on a percentage ofthe fixture amount.
  • Any other known forms of receiving revenues for operating the network site 40 including the placing of advertising banners on the site or the sale of subscriber lists, are readily contemplated to be incorporated into the system ofthe present invention.
  • the invention has been particularly shown and described with respect to charter vessels for the transport of cargo, it could equally be used for arranging the transport of people or livestock, and the transport could be by means of truck or rail transport.

Abstract

A ship chartering system is implemented on a computer of telecommunications network (Fig. 15 - 30a), such as the Internet, and is meant to supplement or replace services offered by current shipping brokers. The system allows a charterer to locate acceptable ships (Fig. 15 - 1506), receive bids from ship owners (Fig. 15 - 1506), and negotiate contract terms for their cargo (Fig. 15 - 1506). Ship owners are able to update their ship positions and cargo capabilities (Fig. 15 - 1504), add new ships to a database of available ships (Fig. 15 - 47), and bid on the transportation of cargo entered by a charterer in an open market solicitation. In a preferred embodiment, both charterers and ship owners must subscribe to the system in order to access and participate in it.

Description

INTERNET SYSTEM FOR EXCHANGING AND ORGANIZING VESSEL TRANSPORT INFORMATION
RELATED APPLICATIONS The present application relates to a copending U.S. patent application Serial No.
09/520,325 filed March 7, 2000 entitled INTERNET SYSTEM FOR EXCHANGING AND ORGANIZING VESSEL TRANSPORT INFORMATION and filed herewith.
BACKGROUND OF THE INVENTION 1. Field of the Invention
The present invention relates to data processing for business applications and, more particularly, to booking systems for negotiating terms and reserving space on transport vessels. 2. Description of the Related Art In the field of ship chartering, a typical transaction between a charterer, e.g. one who wishes to ship cargo, and a ship owner, e.g. one who may be hired to transport the cargo, usually requires the engagement of a shipping broker to bring the parties together and to effectuate a shipping agreement (referred to herein as a "fixture" or a "charter party" contract). This is because information on available ships is usually not widely available to charterers. Likewise, charterers generally have no forum, outside of brokers, for publicizing their chartering needs to ship owners on the open market. If such information were to become available to the shipping market at large, outside of the influence of brokers, significant savings in time and expense to both charterers and ship owners could be realized. A broker typically earns a commission of 1.25% of the fixture. This percentage is then usually charged by the broker to both parties. An average fixture for the spot tanker market in 1992 was $459,800, leading to an average commission of $11,495. A broker may complete 25-30 fixtures per week, totaling $287,375 to $344,850 a week in commissions, or $14,943,500 to $17,932,200 a year. Thus, brokers in the spot tanker chartering market earn significant revenues for themselves, which in turn adds millions of dollars to chartering transactions each year.
Accordingly, it would be advantageous to provide a forum wherein shipping information is directly available to both charterers and ship owners in order to allow for the negotiation of fixtures or charter parties without enlisting a broker.
BRIEF SUMMARY OF THE INVENTION
In order to address and solve certain of the foregoing shortcomings in the prior art, the present invention provides a method and accompanying apparatus which allow charterers and ship owners to exchange cargo transportation information without the assistance of a broker. In a first embodiment, the method includes providing an electronic network site for receiving and storing information from both charterers and ship owners in order to more readily accomplish agreements for cargo transport. The network site is operative to process the received information so as to provide to the charterer a listing of ships, which fit criteria established by the charterer, from among the information supplied by the ship owners.
In a second embodiment, a method of brokerless arrangement for the shipment of cargoes includes providing for direct negotiations between a charterer and a ship owner by making information concerning the charter directly available to both the charterer and the ship owner without the use of a broker. In a further embodiment of the present invention, the cargo transportation information is provided on forms or templates.
In yet another embodiment of the present invention the processing step includes a matching step in which criteria from the charterer is matched with ship descriptions and availability stored on the network site. In still another embodiment, a method of the present mvention further includes a step of initiating communication between the charterer and the ship owner whose ship fits the criteria established by the charterer, wherein such direct communication may be facilitated by e-mail. In a still further embodiment, a method of the present invention further includes the step of providing the ship owner with an on-screen display of the standard terms used by the charterer, which, in turn, may enable more rapid agreement between the charterer and the ship owner.
In a further embodiment of the present invention, the network site may memorialize the agreement between the ship owner and the charterer in the form of a fixture. This may be accomplished, for example, by automatically generating a charter party contract based on the fixture.
In a still further embodiment, a method of the present invention may further include the payment of a commission to the owner of the network site. In yet another embodiment, the network site may be implemented on the Internet or on a private network.
In another embodiment of the present invention, the network site may further include a central database accessible by the charterer and the ship owner, and maintained at the network site. The database may include information such as ship descriptions and positions. The database may further include a plurality of fixtures which are authorized by one or more charterers and owners to be placed in the database, and publicly or privately viewed. The database may further include co-loading cargo information and financing information.
It is therefore an advantage of certain embodiments of the present invention that an interactive network site can store up-to-date information for use by ship owners and charterers which enable them to negotiate and enter into charter party contracts.
It is a further advantage of certain embodiments of the present invention that ship owners and charterers may agree to terms of fixtures and charter party contracts by communicating directly through a network site rather than through a traditional broker.
BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWINGS Further aspects of the instant invention will be more readily appreciated upon review of the detailed description of the preferred embodiments included below when taken in conjunction with the accompanying drawings, of which:
FIG. 1 is a schematic diagram of a communications network for use with the present invention, which allows charterers and ship owners to communicate with a network site;
FIG.2 is a schematic block diagram of exemplary components of the network site of FIG. 1;
FIG. 3 is a representation of an exemplary ship database stored by the central server of FIG. 2; FIG. 4 is a representation of an exemplary contracts database stored by the network site of FIG. 2;
FIG. 5l is a representation of an exemplary user profile database stored by the network site of FIG. 2;
FIG. 6 is a representation of an exemplary cargo database stored by the network site of FIG. 2;
FIG. 7 is a representation of an exemplary offers database stored by the network site of FIG. 2;
FIG. 8 is a representation of an exemplary forms database stored by the network site of FIG. 2; FIG. 9 is a representation of an exemplary preferences database stored by the network site of FIG. 2;
FIG. 10 is a representation of an exemplary trade sheet database stored by the network site of FIG. 2;
FIG. 11 is a representation of an exemplary clauses database stored by the network site of FIG. 2;
FIG. 12 is a representation of an exemplary e-mail database stored by the network site of FIG. 2;
FIG. 13 is a representation of an exemplary help database stored by the network site of FIG. 2;
FIG. 14 is a representation of an exemplary log file database stored by the network site of FIG. 2; FIG. 15 is a flowchart representing exemplary steps performed by a ship owner for negotiating a fixture accordmg to one embodiment of the present invention;
FIG. 16 is a flowchart representing exemplary steps performed by a charterer for negotiating a fixture accordmg to one embodiment of the present invention;
FIG. 17. is an exemplary set of main menu functions provided to a user of the network site of FIG. 2;
FIG. 18 is a flowchart representing exemplary steps performed by a ship owner for updating ship positions according to one embodiment of the present invention;
FIG. 19 is a flowchart representing exemplary steps performed by a user for accessing a ship position list according to one embodiment of the present invention; FIG. 20 is a flowchart representing exemplary steps performed by a ship owner for updating ship specifications according to one embodiment of the present invention;
FIG. 21 is a flowchart representing exemplary steps performed by a user for viewing ship specifications according to one embodiment of the present invention;
FIG. 22 is a flowchart representing exemplary steps performed by a charterer for listing and updating cargo according to one embodiment of the present invention;
FIG. 23 is a flowchart representing exemplary steps performed by a user for viewing listed cargo according to one embodiment of the present invention; FIG. 24 is a flowchart representing exemplary steps performed by a user for generatmg and viewing a daily fixture report according to one embodiment of the present invention;
FIG. 25 is a flowchart representing exemplary steps performed by a user for generating and viewing a custom fixture report according to one embodiment of the present mvention;
FIG. 26 is a flowchart representing exemplary steps performed by a ship owner for submitting an offer to ship listed cargo according to one embodiment of the present invention; FIG. 27 is a flowchart representing exemplary steps performed by a charterer for negotiating a fixture according to a further embodiment of the present invention;
FIG. 28 is a flowchart representing exemplary steps performed by a ship owner for negotiating a fixture according to a further embodiment of the present invention;
FIG. 29 is a flowchart representing exemplary steps performed by a user for accessing stored charter party forms according to one embodiment of the present invention;
FIG. 30 is a flowchart representing exemplary steps performed by a user for accessing stored standard contract clauses accordmg to one embodiment of the present invention; FIG. 31 is a flowchart representing exemplary steps performed by a user for accessing stored trade sheets according to one embodiment of the present invention;
FIG. 32 is a flowchart representing exemplary steps performed by a user for accessing a user list according to one embodiment of the present invention;
FIG. 33 is a flowchart representing exemplary steps performed by a user for changing user preferences accordmg to one embodiment of the present invention;
FIG. 34 is a flowchart representing exemplary steps performed by a user for contacting a site administrator according to one embodiment of the present invention; and FIG. 35 is a flowchart representing exemplary steps performed by a user for accessing help functions according to one embodiment of the present invention.
DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS Referring now to FIGS . 1-35, wherein similar components of the instant invention are referenced in like manner, a preferred apparatus for allowing charterers and ship owners to exchange information and negotiate charter parties, and accompanying methods for using the same, are disclosed.
Turning now to FIG. 1 , depicted therein is an exemplary computer network 10 by which a plurality of charterers, using charterer terminals 20a-20c, may interact with a plurality of ship owners, using owner terminals 30a-30c, via network site 40 in any known manner. Although computer network 10 is preferably an Internet-based network, it may be any one or more of a local area network (LAN), a wide-area network (WAN), an intranet environment, an extranet environment, a broadband wireless network or other type of computer or communications network, such as those enabled over public switched telephone networks. Remote terminals 20, 30 may be any computing device, such as a personal computer, a workstation, a network terminal, a wireless Internet access device or any other device that can communicate with the network site 40 over the computer network 10. Remote terminals 20, 30 may include one or more charterer remote terminals 20a-20c and one or more ship owner remote terminals 30a-30c as described further hereinbelow. Network site 40 may include any number of computer servers which cooperate to maintain the system of the present invention and perform the methods for using the same.
In one embodiment of the present invention, a network site 40 may maintain a web site which is hosted on the Internet. A charterer or ship owner may communicate with the server 40 through remote terminals 20, 30 which may be equipped with hardware and software that accommodates Internet access over the computer network 10. In the alternative, the network site 40 may host a bulletin board site or a separate community of network servers, such as those maintained by AMERICA ONLINE, hi that case, a charterer or a ship owner may communicate with the network site 40 by dialing directly into the network site 40 using the appropriate remote terminal 20, 30 which, in turn, may be equipped with a modem or the like that can transmit and receive data over a public switched telephone network. Other variations and configurations of the computer network 10 will be apparent to one of ordinary skill in the art.
Turning now to FIG.2, displayed therein are exemplary components of the server
40 which may be necessary to implement the present invention. Although the descriptions below may be additionally applicable to either type of remote terminal 20,
30, the components will be discussed with regard to network site 40 for the sake of brevity.
The primary component of network site 40 is a processor 41, which may be any commonly available microprocessor, such as the PENTIUM III manufactured by INTEL CORP. The processor 41 may be operatively connected to further exemplary components, such as RAM/ROM 42, a clock 43, input/output devices 44, and a memory 45 which stores one or more operating system and application programs 46 as well as a plurality of databases 47-58, described further hereinbelow.
The processor 41 operates in conjunction with random access memory and read- only memory in a manner well known in the art. The random-access memory (RAM) portion of RAM/ROM 42 may be a suitable number of Single In-line Memory Module (SIMM) chips having a storage capacity (typically measured in kilobytes or megabytes) sufficient to store and transfer, inter alia, processing instructions utilized by the processor
41 which may be received from the programs 46. The read-only memory (ROM) portion of RAM/ROM 42 may be any permanent non-rewritable memory medium capable of storing and transferring, inter alia, processing instructions performed by the processor 41 during a start-up routine of the network site 40. Further functions of RAM/ROM 42 will be apparent to one of ordinary skill in the art.
The clock 43 may be an on-board component of the processor 41 which dictates a clock speed (typically measured in MHz) at which the processor 41 performs and synchronizes, inter alia, communication between the internal components of the network site 40. Further functions of the clock 43 will be known to one of ordinary skill in the art. The input/output device(s) 44 may be one or more commonly known devices used for receiving operator inputs, network data, and the like and transmitting the same to the remote terminals 20, 30. Accordingly, exemplary input devices may include a keyboard, a mouse, a voice recognition unit and the like for receiving user inputs. Exemplary output devices may include any commonly known devices used to present data to an operator of the network site 40 or to transmit data over the computer network 10. Accordingly, suitable output devices may include a display, a printer and a voice synthesizer connected to a speaker.
Other input/output devices 44 may include a telephonic or network connection device, such as a telephone modem, a wireless modem, a cable modem, a T- 1 connection, a digital subscriber line or a network card, for communicating data to and from other computer devices 20, 30 over the computer network 10. It is preferable that any network or communication devices used as input/output devices 44 be of the type that can handle high bandwidth or large amounts of network traffic as is consistent with the operation of an Internet web server and the like.
The memory 45 may be an internal or external large capacity device for storing computer processing instructions, computer-readable data, and the like. The storage capacity of the memory 45 is typically measured in megabytes or gigabytes. Accordingly, the memory 45 may be one or more of the following: a floppy disk in conjunction with a floppy disk drive, a hard disk drive, a CD-ROM disk and reader/writer, a DND disk and reader/writer, a ZIP disk and a ZIP drive of the type manufactured by IOMEGA CORP., and/or any other computer readable medium that may be encoded with processing instructions in a read-only or read-write format. Further functions of, and available devices for, memory 45 will be apparent to one of ordinary skill in the art.
The memory 45 may store, inter alia, a plurality of programs 46 which may include, for example, an operating system such as WINDOWS NT by MICROSOFT CORP. The memory 45 may further store one or more application programs which are necessary to implement the embodiments of the present invention, such as a database program for managing databases 46-58, and a web hosting program for presenting users with preformatted web pages or other appropriate interfaces.
The database program may be any large volume data management software, and is preferably an SQL-based relational database management program of the type manufactured by ORACLE. The web hosting program may allow pre-formatted web pages that allow users to perform the processes described below with respect to FIGS . 15- 35. Such programs may be written in HTML, XML, JAVA Script, and the like. Memory 25 may contain further programs which contain processing instructions for implementing the methods disclosed herein.
FIG. 3 depicts an exemplary ship database 47 which may be stored on network site 40 according to the present invention. The ship database 47 is operative to store data for a plurality of ships in order to allow charterers to find a ship suiting their cargo transport needs. Accordingly, the ship database 47 may have a plurality of fields for storing a plurality of ship names, ship identifications, and owners of each ship stored therein. Further ship statistics may be stored for each ship, such as, deadweight, overall length (loa), beam, draft, distance from keel to top of mast, cubic capacity, hull type, age, flag (i.e., the nation in which the ship is registered), classification society, usual cargoes, current ship position/location and the like. All these factors may be used to negotiate and determine whether a particular ship is suitable, as well as to determine an acceptable fee for transportation of cargo.
FIG. 4 depicts an exemplary fixture or contract database 48 which may be stored on network site 40 according to the present invention. The contract database 48 is operative to store data for a plurality of contracts that have been entered into by subscribers (i.e., charterers and ship owners) of the network site 40. Such stored contracts may be used by other users of the network site 40 as a model for contract negotiations. Accordingly, the contract database 48 may have a plurality of fields for storing fixture dates, names of ships involved, cargo quantities involved, cargo types, load dates, load ranges, discharge ranges, cargo rates, names of charterers, and other information that is determinable from typical charter party contracts. The information in this database may be provided to other charterers and ship owners, upon approval of the contracting parties, so that other charterers and ship owners may gain insight into the current market conditions for shipping contracts. Otherwise, this database 48 serves to preserve agreements entered into by subscribers of the network site 40 in case of later conflict. An example of a stored charter party contract is provided hereinbelow.
FIG. 5 depicts an exemplary user profile database 49 which may be stored on network site 40 according to the present invention. The user profile database 49 is operative to store data for a plurality of ship owners and charterers who, for example, may subscribe to the service provided by network site 40 as described herein. The user profile database 49 stores information on each such subscriber for reference by the system or for examination by other subscribers. Accordingly, the user profile database 49 may have a plurality of fields for storing a login identification, a password, a name, an address, contact information (such as an e-mail address, telephone number, cellular telephone number, pager number and the like), as well as an indication of whether the user is a charterer or a ship owner. As will be apparent to one of ordinary skill in the art, the login identification and password fields, as well as other sensitive information, may be shielded through encryption and the like from all but the actual user to whom they correspond, in order to protect against fraud.
FIG. 6 depicts an exemplary cargo database 50 which may be stored on network site 40 according to the present invention. The cargo database 50 is operative to store data entered by a plurality of charterers so that ship owners may bid on a rate for transporting the cargo. The charterers input rate offers into the cargo database 50, which are reviewed by the ship owners. If a ship owner finds a particular rate acceptable, the ship owner selects that rate for transporting cargo from the cargo database 50. Accordingly, the cargo database 50 may have a plurality of fields for storing a cargo quantity, a cargo type, a cargo load, discharge requirements, required lay days, an indication of whether the cargo may be publicly or privately bid, the name or other identification of the charterer, and the loading region for the cargo. All these factors may be used to negotiate and determine an acceptable rate or fee for transportation of cargo corresponding to each stored description.
FIG. 7 depicts an exemplary offers database 51 which may be stored on network site 40 according to the present invention. The offers database 51 is operative to store offers made by ship owners to charterers for handling a particular cargo. Accordingly, the offers database 51 may have a plurality of fields for storing a cargo quantity to which the offer relates, the cargo type, the load range, discharge requirements, range limitations, lay days involved in the transaction, shipping rates, demurrer rates, rider clauses and any other negotiable or non-negotiable data to be affiliated with a particular offer. The offer may be stored for a predetermined time, until accepted or rejected by a charterer. Typically, charter party contracts or fixtures contain many standardized contract clauses and the like. Thus, many features of fixtures, even those involving various parties, may tend to resemble each other in form and substance, with variations in certain negotiable terms. Accordingly, charterers and ship owners would require access to standard forms in order to more readily accomplish the completion of a charter party contract. FIG. 8, then, depicts an exemplary forms database 52 which may be stored on network site 40 according to the present invention. The forms database 52 may store a plurality of forms for use by subscribers and the like, including charter party forms, standard riders and contract addenda. FIG. 9 depicts an exemplary preferences database
53 which may be stored on network site 40 according to the present invention. The preferences database 53 is operative to store user-defined preferences corresponding to each subscriber or user of the network site 40. Accordingly, the preference database 53 allows each user to determine and store, for example, which menus from menu system 1700 (FIG. 17) are to be presented upon login and the order in which the user wishes the fields to be presented. Other user preferences that may be applied will be apparent to one of ordinary skill in the art.
Trade sheets are commonly available in the chartering market. Trade sheets are published by charterers and contain standard elements of a charter party contract in negotiable form. Accordingly, it would be useful to post such trade sheets on the network site 40 for use by subscribers during negotiations. FIG. 10 thus depicts an exemplary trade sheet database 54 that may be stored on network site 40. The trade sheet database
54 may have exemplary fields for storing the source of the trade sheet (i.e., the company or party who published it), the date of the trade sheet and the information contained in each trade sheet.
FIG. 11 depicts an exemplary clauses database 55 which may be stored on network site 40 according to the present invention. The clauses database 55 is operative to store a plurality of standard clauses such as are displayed in Part II of the sample Tanker Voyage Charter Party provided below. Accordingly, the clauses database 55 may have a plurality of fields for storing standard charter party clauses such as warranties, voyage requirements, full cargo clauses, bunker replacement clauses, freight, nomination of loading and discharge ports, estimated time of arrival, notice of readiness provisions, cancellations, laytime and demurrage. Other standard charter party clauses may likewise be stored.
There may be times when a user or subscriber may wish to contact the operator of the network site 40 or another subscriber. The most commonplace way for accomplishing this is through an electronic mail (e-mail) message. It is contemplated that the network site 40 will allow for inter-party electronic communication. In order to keep a record of such communications, the network site 40 may maintain an e-mail database 56 as depicted in FIG. 12. The e-mail database 56 may include a plurality of fields including the party to whom the message was addressed, the party who sent the message, the date of the message, the subject line of the message and the text of the message. Messages may be stored for a predetermined amount of time, or my be deleted by the sending or receiving party at their discretion. In addition to e-mail, other types of electronic communication, such as facsimile or instant messaging may be employed. It is further contemplated that a user or subscriber of the network site 40 may need help to accomplish a desired function. Rather then sending a message to an operator or administrator of the network site 40, a help database 57, such as is depicted in FIG. 13 may be stored for access by users or subscribers of the system. Accordingly, the help database 57 may contain an index of searchable terms or keywords that a subscriber may review. The help database 57 may further contain text instructions that correspond to each keyword for assisting the subscriber in performing or completing a desired function.
FIG. 14 depicts an exemplary log file database 58 which may be stored on network site 40 according to the present invention. The log file database 58 is operative to store a record of transactions which take place on network 40. Such a database may be useful, for example, to reconstruct current data if the site 40 experiences a crash between backups. Accordingly, the log file database 58 may have a plurality of fields for storing the date and time of a transaction on the site 40, the user id of the user initiating the transaction and the type of transaction (i.e. a change in user preferences, the transmission of an offer, or any other transaction contemplated as being part of the present invention). Other data may likewise be stored in log file database 58.
Regarding the databases described above with respect to FIGS . 3 - 14, it should be noted that the illustrated databases may vary from the examples provided. For example, further or fewer fields may be provided, or databases may be combined, integrated or further sub-divided as will be appreciated by one of ordinary skill in the art. In addition, field titles may be altered from those presented above without impacting the spirit and scope of the present invention. Furthermore, alternative data structures, other than standard database formats, may be readily employed.
Turning now to FIG. 15, therein is depicted an exemplary process 1500 performed by a ship owner for negotiating a charter party contract. The process 1500 is initiated when a ship owner, using remote terminal 30a logs into the network site 40 (step 1502). The site 40 compares the entered login identification (i.d.) and password to those stored in the user profile database 49. If the i.d. and password are verified, the site 40 allows the ship owner to access various information including the ship owner's information stored in the ship database 47. The ship owner may then, for example, update particular ship information (step 1504) including, for example, a current position of the ship. The update may then be stored in the ship database 47 so that other subscribers may review it.
A charterer having cargo requirements which match the ship owner's ship information may then contact the ship owner, e.g. via e-mail, and enter negotiations for completing a charter party contract (step 1506). If the negotiations are successful both parties then finalize a charter party agreement and the system stores the contract in the contract database 48 (step 1508).
Turning to FIG. 16, a therein is depicted an exemplary process 1600 performed by a charterer for negotiating a charter party contract with a ship owner. The process 1600 is initiated when a charterer, using remote terminal 20a, logs into the network site 40 (step 1602). The site 40 compares the entered login i.d. and password to those stored in the user profile database 49. If the i.d. and password are verified, the site 40 allows the charterer to access various information including searching ship and cargo data entered by a plurality of ship owners, which is stored in the ship database 47 (step 1604) including, for example, a current position of the ship, an availability of the ship and the like.
If the Charterer finds one or more suitable ships, he or she may send messages to the owners to begin negotiations. Also, the ship owner may review the parameters entered by the charterer and, if they match the ship owner's ship information, the ship owner may alternatively contact the charterer, e.g. via e-mail, and enter negotiations for completing a charter party contract (step 1606). If the negotiations are successful both parties then finalize a charter party agreement and the system stores the contract in the contract database 48 (step 1608). FIG. 17 displays a list of main menu functions 1702- 1736 which may be available in a system of the present invention and which are each described in further detail below with respect to FIGS. 18-35. For each process depicted in FIGS. 17-35, it should be noted that steps on the left portion of each flowchart may be performed by users or subscribers accessing the system. Additionally, the steps on the right portion of the flowcharts may be performed by the network site 40. It is contemplated that in order to access the main menu features of the system of the present invention, a user may be required to enter a valid user identification and password. It is further contemplated that in order to access certain of the functions, the user i.d. and password must be re-entered each time that function is requested. An exemplary process 1701 for re-entering the user i.d. and password is therefore presented in FIG. 17.
The process 1701 begins when a user requests a particular function, for example, a request to update ship specifications 1706, to view ship specifications 1708, to list and update cargos 1710 and to view available cargoes 1712. After one of the designated functions has been requested, the system requires the user to enter the user's i.d. and password (step 1740). The system then verifies that the entered i.d. and password are valid (step 1742). If the i.d. and/or the password are invalid, the system presents an "invalid user/password" message to the user (step 1744) and the user is returned to the main menu. If the entered i.d. and password are valid, the system processes the requested function (step 1746), formats a screen display corresponding to the request (step 1748) and transmits the screen presentation data to the user's remote terminal (step 1750). The user may then view the screen containing the requested information (step 1752). If the user requests further functions wliich require the re-entry of an i.d. and password (step 1754), then process 1701 returns to step 1740, discussed above. Otherwise, process 1701 ends.
A first process 1800 available to users of the system of the present invention, allows ship owners to update ship positions by selecting the "update ship position function" 1702. Upon actuating a virtual button corresponding to function 1702, which is presented on the main menu 1700 of the user's display, the system sends a ship list corresponding to one or more ships owned or operated by the owner (step 1802). The ship list may include ship names, the deadweight of each ship and the year each ship was built. The owner than selects a ship for updating by designating one of the ships on the list (step 1804). The system then accesses the ship database 47 and retrieves current ship parameters, such as the next date the ship is available, the next port where the ship will be available, the ship's ballast speed, the ship's last cargo, the ship's last charterer, the last update to information for the ship, etc (step 1806). The information is then displayed to the ship owner (step 1808). The ship owner may then update the desired ship information by entering the update data into a remote terminal 30 and transmitting the same to the network site 40 (step 1810). The site 40 then stores the new data in the appropriate fields of ship database 47 (step 1812), and transmits an acknowledgment of the update to the ship owner (step 1814), which is displayed on the ship owners remote terminal (step 1816). A record of the update may further be stored in the log file.
The system then presents to the owner the option of updating another ship (step 1820). If the ship owner wishes to update another ship, the process 1800 returns to step 1804, described above. If the ship owner indicates that there are no other ships that are to be updated, process 1800 ends and the ship owner is returned to the main menu 1700 (step 1822). Process 1800 may be used to add a new ship as well as to update current ships stored by the system. A user of the system of the present invention may also select a 'position list' function 1704 which will display ships having designated parameters to the user. A process 1900 for presenting such information starts when the user activates a virtual button which corresponds to the function (step 1704). A screen for entering particular ship parameters is then transmitted to the user (step 1902). The user may then enter ship parameters which define the type of ship in which the user is interested (step 1904). Such parameters may include the ship's next open port, the date range in which the ship is needed, the cargo type, hull type, maximum age, as well as minimum or maximum values for ship deadweight, draft, overall length, beam and cubic capacity. The system then compares the entered parameters to values stored in the ship database 47 (step 1906). The system then generates a list of sliips matching the entered criteria and presents it to the user for review (step 1908). The user is then given the option to print the ship list (step 1910). If the user indicates that the list is to be printed, the list is then printed, for example on printer 21, 31 which is in communication with the user terminal 20, 30 as shown in FIG. 1. If the user does not wish to print the ship list, the process 1900 continues to step 1912, where the user may select more information for a particular ship. If the user wishes to view more information for a particular ship the process 1900 continues to step 1916, discussed below. If, however, the user does not select more information for a particular ship, the process 1900 continues to step 1914, where the user may revise the previously entered ship parameters. If the user wishes to revise entered ship parameters, process 1900 returns to step 1904, described above. Otherwise, the process 1900 ends.
At step 1916, the user may select a ship for which more information is to be presented. The system prepares a form to display the further ship information by accessing the ship database 47 and transmitting the form with the completed information to the user (step 1918). The user may then review the further ship information (step 1920). The system then inquires whether the user wishes to view more ship information for another ship (step 1922). If so, the process 1900 returns to step 1908, described above. Otherwise, the process 1900 continues to step 1924, where the user is asked whether the further ship information is to be printed. If the user wishes to print the further ship information, the user directs the information to be printed (step 1926).
If the user does not wish to print the further information, the process 1900 continues to step 1928 where the user can specify that more specific information be presented on the subject ship, if available. If there is more information to present and the user wishes to heave it displayed, the user selects the form corresponding to the desired information (step 1930) and the process returns to step 1918, discussed above. Iftheuser does not wish to have more information presented, the process continues to step 1932. At step 1932, the user is presented with the option to receive a new list of ships. If the user wishes to view a new list of ships, the process 1900 returns to step 1902, otherwise the process 1900 continues to step 1934.
At step 1934, if the user finds an acceptable ship, he may start negotiations by requesting that an offer be made by the ship owner to transport desired cargo. The cargo information is entered (step 1936), designated as public or private information, and stored in the cargo database 50. Then the request for an offer is preferably transmitted to the owner of the ship (step 1938), preferably via e-mail, and the communication may then be stored in e-mail database 56. If, on the other hand, the user at step 1934 does not wish to enter a request for an offer, process 1900 ends. Turning now to FIG. 20, therein is depicted an exemplary process 2000 for allowing a ship owner to update ship specifications. An "update ship specifications" button 1706 may be provided on the main menu 1700. Upon activation of the button 1706, the system executes an exemplary process 2000 for updating stored ship specifications. The process 2000 begins where the list of all ship owned by the owner is retrieved from the ship database 47 and transmitted to the ship owner (step 2002). The ship owner may then select a ship and a form or template corresponding to the information that is to be added, deleted, transferred or updated (step 2004). If information is to be updated, the process 2000 continues to step 2022. Otherwise, the process continues to step 2006, discussed further hereinbelow.
At step 2022, the system receives a description of the ship from the ship owner and retrieves the record corresponding to that ship from the ship database 47. The currently stored information is transmitted to the ship owner and presented in a predefined form (step 2024). The ship owner may then select whether the information is to be updated (step 2026). If so, the updated ship information is entered by the ship owner and transmitted to the system for storing in the ship database 47 (step 2028). After the information has been updated, or if the ship owner does not wish to update the ship information, the process 2000 continues to step 2030, where the owner has the option of selecting another ship to update.
If the owner wishes to update another ship, the process 2000 returns to step 2004 discussed above. Otherwise the process 2000 continues to step 2032, where the owner is asked whether the ship information is to be printed (step 2032). If so, the process 2000 continues to step 2034 where the information is printed. Otherwise, the process 2000 ends.
If the ship owner instead requests to add or delete a ship, process 2000 continues to step 2006 from step 2004. The ship owner is first asked whether a new ship is to be added. If so, the process 2000 continues to step 2008 where the new ship specifications are entered by the ship owner. The new ship information is then added to the ship database 47 (step 2010). If instead, the ship owner wishes to delete a ship, the process 2000 continues to step 2012 from step 2006. The ship owner selects the ship to be deleted (step 2014) and the ship information is removed from the ship database 47.
If the user does not wish to delete a ship, then process 2000 continues to step 2016, where the user may change the ship data to reflect that a new owner or charter authority controls the ship. The name of the new owner or authority is entered at step 2018 and transmitted to the system for storage in the ship database 47 (step 2020).
The transaction between the ship owner and the system in which updates, transfers, additions or deletions to the ship database 47 may be recorded in a log file as discussed above.
Referring now to FIG. 21, therein is depicted an exemplary process 2100 for allowing a user to view various ship specifications for a ship already known to the user.
A "view ship specifications" button 1708 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1708, the system initiates the process 2100.
The process 2100 begins where a request form to be completed by the user is transmitted to the user's remote terminal 20, 30 (step 2102). The user enters the desired ship criteria into the appropriate places on the form (step 2104). Such criteria may include a ship's name, deadweight, the year it was built, the owner, or any other particular ship data. The system uses the entered criteria to retrieve the corresponding ship data from the ship database 47 (step 2106). If the ship data is found (step 2108), the process continues to step 2110 below. Otherwise, the process returns to step 2104 where the user is requested to enter new data.
At step 2110, a list of one or more ships that match the entered criteria are transmitted to the user. The user may then select the desired ship and a form containing the data in which the user is interested in reviewing (step 2112). The system then fills in the form information from data stored in the ship database 47 (step 2114) and transmits the data for display on the user terminal (step 2116).
The process 2100 continues to step 2118 where the user is presented with the option of selecting another form containing further ship data. If the user wishes to view further forms of data, the process 2100 returns to step 2112 above. Otherwise, the process continues to step 2120.
At step 2120, the user is presented with the option to review ship specifications for another ship. If the user decides to view ship data for another ship, the process returns to step 2104 above. Otherwise, the process continues to step 2122, where the user is presented with the option of printing the data. If the user so chooses, the retrieved data may be printed (step 2124). Otherwise the process 2100 ends.
Turning now to FIG. 22, depicted therein is an exemplary process 2200 for allowing a charterer to list and update available cargoes. A "list and update cargo" button 1710 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1710, the system executes the process 2200 which begins at step 2201 where a list of available cargoes is retrieved from the cargo database 50 and transmitted to the charterer. The charterer may choose a particular cargo for viewing (step 2202). It is contemplated that cargoes entered into the system may be of two types, public or private. A public cargo is available for viewing by all users of the system. A private cargo, on the other hand, is entered and stored in cargo database 50, but may only be viewed by ship owners or other users designated by the party who entered the cargo data. After a cargo has been presented, the charterer may periodically refresh the screen display to confirm that no new data has been entered for the cargo (step 2204). The cargo listing may then be viewed in detail (steps 2206 and 2208).
At step 2210, the charterer is asked whether he or she wishes to enter new cargo data. If so, the cargo data is entered at step 2212 and stored in the cargo database 50. Otherwise, the process continues to step 2214.
At step 2214, the charterer is asked whether he or she wishes to update existing cargo data. Only data originally entered by the charterer may be updated. If the charterer wishes to update any data, the update is entered at step 2216 and stored in the cargo database 50. Otherwise the process continues to step 2218.
At step 2218, the charterer is asked whether he or she wishes to delete existing cargo data. Only data originally entered by the charterer may be deleted. If the charterer wishes to delete any data, the request is executed at step 2220 and removed from the cargo database 50. Otherwise the process continues to step 2222.
At step 2222, the charterer is asked whether he or she wishes to print any of the displayed cargo data. If so, the cargo data is printed at step 2224. Otherwise the process continues to step 2226. At step 2226, the charterer is asked whether he or she wishes to quote particular cargo data to other users. Only data originally entered by the charterer may be quoted.
If so, the quote is received by the system (step 2228) stored in the e-mail database 56 and communicated, preferably by e-mail, to other subscribers of the system (step 2230), after which process 2200 ends. Referring now to FIG. 23, there is depicted an exemplary process 2300 for allowing a user to view available cargoes. A "view cargo" button 1712 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1712, the system executes the process 2300 which begins at step 2301 where a list of available cargoes is retrieved from the cargo database 50 and transmitted to the user. The user may then select a particular cargo from the list for viewing (step 2302). The user may search for cargo meeting certain criteria by entering a search request (step
2304). The system compares the request to data stored within the cargo database 50 and presents any returns to the user at step 2310, described below.
If, however, the user selects a cargo from the list presented, the user is then asked whether the listing should be printed (step 2306). If so, the selected cargo is printed at step 2308. Otherwise, the process 2300 continues to step 2310.
At step 2310, particular information corresponding to the cargo is presented to the user in a predefined format. The system then inquires whether the user would like to print the displayed cargo (step 2312) and if so, the listing is printed at step 2314. Otherwise, the process 2300 continues to step 2316.
At step 2316, the system inquires whether the user would like to select another cargo listing. If so, the process returns to step 2302, described above. Otherwise, the process 2300 continues to step 2318.
At step 2318, the user is asked whether they would like to place an offer on the cargo. If so, the offer is accepted and sent, preferably via e-mail, to the user who posted the cargo (step 2320). The terms of the offer may be parsed and stored in the offers database 51. If the user does not wish to transmit an offer, the process 2300 ends.
Turning now to FIG.24, there is depicted an exemplary process 2400 for allowing a user to review information from previously-stored fixtures or charter party contracts based on the date of each fixture. A "view fixtures" button 1714 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1714, the system executes the process 2400 which begins at step 2401 where the system asks the user to specify a date or a date range of entered fixtures to view. The user then inputs the desired data or date range (step 2402). The system then refers to the fixture database 48 and retrieves data for all fixtures meeting the criteria and the results are transmitted to the user in a predefined format (step 2404). Continuing to step 2406, the system inquires whether the user wishes to print any or all of the retrieved data. If so, the process 2400 continues to step 2408 where a report of the fixture data is printed. Otherwise, the process 2400 continues to step 2410.
At step 2410, the system inquires whether the user wishes to review other fixture data. If so, the process 2400 returns to step 2402, discussed above. Otherwise, the process 2400 ends.
Similar to process 2400 above, it is contemplated that the system of the present invention will include a custom report feature wherein fixtures having certain characteristics, such as type of cargo, or involving certain parties, may be searched and presented. Referring now to FIG. 25, therein is depicted an exemplary process 2500 for searching the fixture database 48 based on features other than the date. A "custom fixture report" button 1716 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1716, the system executes the process 2500 which begins at step 2501 where a list of available search fields related to the cargo database 50 is presented to the user. The user may then input the desired fixture criteria (step 2502). Next, the system refers to the fixture database 48 and retrieves data for all fixtures meeting the criteria. The system assembles the returned data in a predefined format (step 2503) and the results are transmitted to the user (step 2504).
Continuing to step 2506, the system inquires whether the user wishes to print any or all of the retrieved data. If so, the process 2500 continues to step 2508 where a report of the fixture data is printed. Otherwise, the process 2500 continues to step 2510.
At step 2510, the system inquires whether the user wishes to review other fixture data. If so, the process 2500 returns to step 2502, discussed above. Otherwise, the process 2500 ends.
Turning now to FIG.26, there is depicted an exemplary process 2600 for allowing a ship owner to make an offer on public or private cargo. A "submit offer" button 1718 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1718, the system executes the process 2600 which begins at step 2602 where the system transmits to the ship owner a list of public cargoes, as well as private cargoes addressed to the ship owner. At step 2604, the ship owner may review the cargo list. The ship owner may then choose to print the list (steps 2606 and 2608).
Next, the ship owner may select a particular cargo and a format containing cargo information of interest (step 2 10). The system then retrieves the selected cargo data and transmits it to the ship owner in the selected format (step 2612). The ship owner then reviews the cargo information (step 2614). The system next inquires whether the ship owner would like to review another cargo entry (step 2616). If so, the process 2600 returns to step 2604, described above. Otherwise, the process 2600 continues to step 2618 where the ship owner is asked whether a previous offer should be retrieved for review. If the ship owner wishes to view the terms of a previous offer, the system receives an identification of the previous offer, retrieves it from the offers database 51 and presents it to the ship owner (step 2620).
Next, the ship owner is asked whether the retrieved offer should be printed (step 2622). If so, the retrieved offer is printed at step 2623. The process then continues to step 2624, wherein the system inquires whether the ship owner would like to insert the previous offering criteria into a new offer, or to prepare a new offer without using previously stored information. The ship owner may then enter new offer criteria or select any or all of the retrieved offer criteria, if available. Offering criteria may include a quantity of a cargo, a cargo type, a discharge requirement, a cargo range, the number of laydays required, a rate to be paid, a demurrage rate, desired rider clauses for the fixture, and the like.
The process 2600 then continues to step 2626 wherein the system inquires whether the prepared offer is to be submitted. If so, the offer is sent to the charterer who entered the cargo data, preferably via e-mail, and is stored in the offers database 51 (step 2628). Otherwise, the process 2600 continues to step 2630. At step 2630, the system inquires whether the offer is instead to be saved for future submission. If so, the offer is saved in the offer database 51, and designated as being on hold rather than active (step 2632), after which the process 2632 ends. In the alternative, the ship owner may choose not to save or submit the entered offer, in which case the process 2600 ends as well. Turning now to FIG.27, there is depicted an exemplary process 2700 for allowing a charterer to negotiate a fixture or charter party contract with a ship owner. A "negotiate (by charterer)" button 1720 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1720, the system executes the process 2700 which begins at step 2702 where the system sends the charterer a list of open (i.e. listed but non-negotiated) cargoes which have received an offer. The charterer may then open the open cargo list (step 2704), choose a cargo (step 2706) and review a list of offers submitted for the cargo (step 2710) which are retrieved from the offers database 51 (step 2708). The charterer may then select an offer and respond to the party who transmitted it, preferably via an e-mail message (step 2712). The response may include a modification of the submitted offer. The system then transmits the response to the owner (step 2714) and the e-mail is stored in the e-mail database 56. The owner, in turn, may review the response (step 2716). At step 2728, the system inquires whether the ship owner agrees to the terms in the response. If so, the process 2700 continues to step 2730 discussed below. Otherwise, the system then inquires whether the owner wishes to continue the negotiation (step 2718). If not, the system inquires whether the owner wishes to place the offer on hold (step 2720). If the owner elects to hold the offer, the offer is stored in offers database 51 with a designation that its status is on hold. If the owner does not wish to place the offer on hold, the process 2700 ends at step 2722.
Returning to step 2718, if the owner wishes to continue the negotiation, the process 2700 continues to step 2724, where the owner generates a response to the charterer's response which is transmitted to the charterer. The response may be stored in e-mail database 56. The charterer then reviews the ship owners response (step 2726). If the charterer agrees to the terms in the response, the process 2700 continues through step 2728 to step 2730, discussed further below. Otherwise, the system inquires whether the charterer wishes to continue the negotiations (step 2734). If the charterer does not wish to continue the negotiations, then the system inquires whether the modified offer is to be placed on hold (step 2736). If the charterer so designates, then the modified offer is stored in the offers database 51 with an indication that it is on hold. If the charterer does not wish to hold the offer, then the process 2700 returns to step 2710 above where the charterer may review another offer and continue therefrom.
Returning to step 2730, the system next inquires whether all portions of the offer which may relate to third parties have received approval from such third parties. If no approval has been received, the process 2700 returns to step 2726 discussed above. If all third party subjects have been lifted, a charter party agreement is created (step 2732) from the terms of the latest offer communicated.
The interactions between the ship owner and the charterer may be recorded in a log file 58, as discussed above. Turning now to FIG.28, there is depicted an exemplary process 2800 for allowing a ship owner to negotiate a fixture or charter party contract with a charterer. A "negotiate (by ship owner)" button 1722 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1722, the system executes the process 2800 which begins at step 2802 where the system sends the ship owner a list of the ship owner's open ships offered for a particular cargo. The ship owner may then open an offered ship list (step 2804), choose a ship (step 2806) and review a list of offers submitted corresponding to the ship (step 2810) which are retrieved from the offers database 51 (step 2808). The ship owner may then select an offer and respond to the party who transmitted it, preferably via an e-mail message (step 2812). The response may include a modification of the submitted offer. The system then transmits the response to the charterer (step 2814) and the e-mail is stored in the e-mail database 56.
The charterer, in turn, may review the response (step 2816). Then at step 2828, the system inquires whether the charterer agrees to the terms in the response. If so, the process 2800 continues to step 2830 discussed below. Otherwise, the system then inquires whether the charterer wishes to continue the negotiation (Step 2818). If not, the system inquires whether the charterer wishes to place the offer on hold (step 2820). If the charterer so elects, the offer is stored in offers database 51 with a designation that its status is on hold. If the charterer, on the other hand, does not wish to place the offer on hold, the process 2800 ends at step 2822.
Returning to step 2818, if the charterer wishes to continue the negotiation, the process 2800 continues to step 2824, where the charterer generates a response to the owner's response which is then transmitted to the ship owner. The response may be stored in e-mail database 56. The ship owner then reviews the charterer's response (step 2826). If the ship owner agrees to the terms in the response, the process 2800 continues through step 2828 to step 2830, discussed further below. Otherwise, the system inquires whether the ship owner wishes to continue the negotiations (step 2834). If the owner does not wish to continue the negotiations, then the system inquires whether the modified offer is to be placed on hold (step 2836). If the owner so designates, then the modified offer is stored in the offers database 51 with an indication that it is on hold. If the owner does not wish to hold the offer, then the process 2800 returns to step 2810 above where the ship owner may review another offer and continue therefrom. Returning to step 2830, the system next inquires whether all portions of the offer which relate to third parties have received approval. If not, the process 2800 returns to step 2826 discussed above. On the other hand, if all third party subjects have been lifted, a charter party agreement is created (step 2832).
The interactions between the ship owner and the charterer may be recorded in a log file 58 as discussed above.
Turning now to FIG. 29, there is depicted an exemplary process 2900 wherein a user of the system may access, modify and print standard or user-specific charter party contract forms stored in the forms database 52. A "charter party forms" button 1724 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1724, the system executes the process 2900 which begins at step 2902 where the system sends a list of available forms to the user. The user then selects a form from the list (step 2904). In response, the form is retrieved from the forms database 52 (step 2906) and is transmitted to the user. The user then views the form at step 2908.
Upon viewing the form, the system then inquires whether the user wishes to modify the form (step 2910). The "modify" functionality of step 2910 is available only to the owner of the form. If it is determined that the form is to be modified, and if the selected form is proprietary, the process 2900 continues to step 2912, where the system confirms that the user is the owner of the form to be modified. If the user does not own the form, the user is returned to step 2908. Otherwise, the system receives the user's modifications (step 2914), stores and updates the forms database 52 (step 2916).
Returning to step 2910, if the user does not wish to modify the form, the system then inquires whether another form is to be viewed instead (step 2918). If so, the process 2900 returns to step 2904 above. Otherwise, the process continues to step 2920. At step 2920, the user may choose to print the form being viewed. If the user does not wish to print the form, the process 2900 continues to step 2924.
At step 2924, the system inquires whether new information is to be added in order to create a new form. The "add" functionality of step 2924 is available only to users who are not owners of the form. If it is determined that a new form is added in step 2924, the user adds new information (step 2926) wliich is then used to update the forms database 52 (step 2928). If the user does not wish to add new information, the process 2900 continues to step 2930, where the system inquires whether the user wishes to change current information in the selected form. If so, the system receives the changes to current information (step 2932) and adds the changes to the forms database 52 (step 2928). If there are no changes to be made to current form information, the process 2900 ends.
Turning now to FIG. 30, there is depicted an exemplary process 3000 wherein a user of the system may access, modify and print standard or user-specific clauses stored in a clauses database 55. A "clauses" button 1726 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1726, the system initiates the process 3000 which begins at step 3002 where the system sends a list of available clauses to the user. The user then selects a clause from the list (step 3004). In response, the clause is retrieved from the clause database 55 (step 3006) and transmitted to the user. The user then views the selected clause at step 3008.
Upon viewing the clause, the system then inquires whether the user wishes to modify the clause (step 3010). The "modify" functionality of step 3010 is available only to the owner of the form for the clause. If it is determined that the form is to be modified and if the selected clause is proprietary, the process 3000 continues to step 3012, where the system confirms that the user is the owner of the clause to be modified. If the user did not originally submit the clause, the user is returned to step 3008. Otherwise, the system receives the user' s modifications (step 3014) and updates the clauses database 55 (step 3016).
Returning to step 3010, if the user does not wish to modify the clause, the system then inquires whether another clause is to be viewed instead (step 3018). If so, the process 3000 returns to step 3004 above. Otherwise, the process continues to step 3020. At step 3020, the user may choose to print the clause being viewed (step 3022). If the user does not wish to print the clause, the process 3000 continues to step 3024.
At step 3024, the system inquires whether a new form is to be created for the clause. The "add" functionality of step 3024 is available only to users who are not owners of the form. If it is determined that a new form is to be added, the user adds new information (step 3026) which is then used to update the clauses database 55 (step 3028). If the user does not wish to add new information, the process 3000 continues to step 3030, where the system inquires whether the user wishes to change current information in the selected clause. If so, the system receives the changes to current information (step 3032) and adds the changes to the clauses database 55 (step 3028). If, on the other hand, there are no changes to be made to current clause, the process 3000 ends.
Turning now to FIG. 31 , there is depicted an exemplary process 3100 wherein a user of the system may access, modify and print standard or user-specific trade sheets stored in a trade sheet database 54. A "trade sheets" button 1728 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1728, the system initiates the process 3100 which begins at step 3102 where the system sends a list of available trade sheets to the user. The user then selects a trade sheet from the list (step 3104). In response, the trade sheet is retrieved from the trade sheet database 54 (step 3106) and transmitted to the user. The user then views the selected trade sheet at step 3108.
Upon viewing the trade sheet, the system then inquires whether the user wishes to modify the trade sheet (step 3110). The "modify" functionality of step 3110 is available only to the owner of the form for the trade sheet. If it is determined that the form is to be modified, so and if the selected trade sheet is proprietary, the process 3100 continues to step 3112, where the system confirms that the user is the owner of the trade sheet to be modified. If the user did not originally submit the trade sheet, the user is returned to step 3108. Otherwise, the system receives the user's modifications (step 3114) and updates the trade sheets database 54 (step 3116).
Returning to step 3110, if the user does not wish to modify the trade sheet, the system then inquires whether another trade sheet is to be viewed instead (step 3018). If so, the process 3100 returns to step 3104 above. Otherwise, the process continues to step 3120. At step 3120, the user may choose to print the trade sheet being viewed (step 3122). If the user does not wish to print the trade sheet, the process 3100 continues to step 3124.
At step 3124, the system inquires whether a new form is to be created for the trade sheet. The "add" functionality of step 3124 is available only to users who are not owners of the form for the trade sheet. If it is determined that a new form is to be added, the user adds new information in a newly added form (step 3126) which is then used to update the trade sheets database 54 (step 3128). If the user does not wish to add new information, the process 3100 continues to step 3130, where the system inquires whether the user wishes to change current information in the selected trade sheet. If so, the system receives the changes to current information (step 3132) and adds the changes to the trade sheets database 54 (step 3128). If, on the other hand, there are no changes to be made to current trade sheet, the process 3100 ends. In the processes described above with respect to FIGS. 29-31, it is additionally contemplated that an administrator or operator of the site may make changes to forms, clauses, trade sheets, and the like that they stored in the subject databases for use by subscribers and the like.
Referring now to FIG. 32, there is depicted an exemplary process 3200 wherein a user of the system may search for and contact other users and subscribers of the network site 40. A "directory" button 1730 may be provided on the mainmenu 1700 for selecting this function. Upon activation of the button 1730, the system initiates the process 3200 which begins at step 3202 where the system transmits a form for submitting a search of users stored in the users database 49. The user may enter desired criteria on the form (step 3204). The system then compares the entered criteria to the information stored in the users database 49 and generates a list of matched users (step 3206). The list is then transmitted to the submitting user (step 3208). The user may then choose to print the list (steps 3210 and 3212).
The user may also select one or more of the users on the list to view in more complete detail. The system then prepares a form for presenting the selected user data (step 3214) and inserts the appropriate data from the user database 49. The form and inserted data are then transmitted to the user who may view the form on a remote user terminal 20, 30 (step 3216). The user may then again choose to print the received data (steps 3218 and 3219). The user may then choose to view another user from the received list (step 3220), in which case, the process 3200 returns to step 3208 described above. If the user does not choose to view data for another user on the returned list, the process 3200 continues to step 3222 where the user may choose to e-mail the selected user. An e-mail form is presented for the user to fill in (step 3224). After the message has been completed, the system may transmit the e-mail to the user and/or store the e- mail message in the e-mail database 56 for later retrieval.
Turning now to FIG. 33, there is depicted an exemplary process 3300 wherein a user of the system may set or change existing preferences regarding an interface to the network site 40. A "preferences" button 1732 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1732, the system initiates the process 3300 which begins at step 3302 where the system transmits a list of preferences which the user may set and change. The user may then choose one or more preference settings to change, such as a password, the order of menu functions, and the like (step 3304). The system then retrieves the current preference setting from the preferences database 53 and transmits the current setting to the user (step 3306). The user may then view the current preference setting (step 3308) and may print the same (steps 3310 and 3312). The system then inquires whether the user wishes to view another preference setting. If so, the process returns to step 3304, described above. Otherwise, the process 3300 continues to step 3316 where the user is asked whether the current preference setting displayed is to be modified (step 3316).
The user may then enter changes to the preference setting (step 3318) and may also print the changes that were entered (steps 3320 and 3312). The system then processes the changes and stores them in the preferences database 53. A record of the entered changes may further be recorded in the log file database 58, discussed above.
Turning now to FIG. 34, there is depicted an exemplary process 3400 wherein a user of the system may contact an operator or administrator of the network site 40. A "contact site operator" button 1734 maybe provided on the mainmenu 1700 for selecting this function. Upon activation of the button 1734, the system initiates the process 3400 which begins at step 3402 where the system transmits an e-mail template to be completed by the user. The user may then input data in the appropriate fields of the template, such as to, from, subject and message text fields (step 3404). After the template or form has been completed, the message is forwarded to the system (step 3406) and stored in the e- mail database 56 for retrieval by the operator or administrator.
Referring now to FIG. 35, there is depicted an exemplary process 3500 wherein a user of the system may search a help index relating to functions performed by the network site 40. A "help" button 1736 may be provided on the main menu 1700 for selecting this function. Upon activation of the button 1736, the system initiates the process 3500 which begins at step 3502 where an index of help topics may be prepared and transmitted to the user. The help topics may be retrieved from the help database 57 stored on the network site 40.
The user, in turn may select a particular help topic from the index (step 3504) and may additionally choose to print the index (steps 3506 and 3508). After the user selects a particular help topic, further information regarding the topic are retrieved from the help database 57 (step 3510) and displayed to the user (step 3512). The user may, in turn choose to print the further information (steps 3514 and 3516) and may select and view further help topics (step 3518). After all desired help topics have been viewed, the process 3500 ends.
The following is a sample charter party contract that may be entered into by charterers and ship owners:
TANKER VOYAGE CHARTER PARTY
Place Date
PREAMBLE
IT IS THIS DAY MUTUALLY AGRIΞLD between
Owner/Chartered Owner (hereinafter called "Owner") of (he good flag
ST/MT ___ (hereinafter called the "Vessel") and
(hereinafter called "Charterer") that the transportation hereinafter provided for shall be performed subject to the terms and conditions of this Charter Party, which includes this Preamble, Part I and Part II. In the event of a conflict, the provisions of Part 1 shall prevail over Part II to the extent of such conflict.
PART I
A. VESSEL DESCRIPTION AND POSITION:
Year Built: Classed:
Summer Deadweight: tons (2240 lbs.)/metric tons (1000 kg.) on feet-inches/meters draft in salt water on assigned summer freeboard.
Gross Registered Tonnage: Suez/Panama Canal Net Tonnage:
Capacity for Cargo: metric tons (1000 kg.) % more or less, Vessel's option.
Cubic Capacity for Cargo (at 98%): cubic feet/cubic meters/barrels.
Length Overall: feet-inches/meters. Beam: feet-inches/meters.
Bow to Center Manifold: feet-inches/meters.
Keel to Top of Mast: feet-inches/meters.
Tons Per Inch/Centimeter Immersion: Charter Speed: Knots Laden (weather and safe navigation permitting).
Maximum Speed: Knots Laden (weather and safe navigation permitting).
•Vessel has segregated ballast tank (SBT) capacity of m* according to its MARPOL certificate.
Vessel has clean ballast tank (CBT) capacity of m' according to its MARPOL certificate.
Vessel has operational Inert Gas System: - Yes ' No.
Vessel has operational Crude Oil Wash System: Yes No.
If Crude Oil Wash'is required, the allowed pumping hours specified in Part II. Clause 15.1c) shall be increased by a maximum of hours pursuant to Part II. Clause 15.(d).
Cargo Tanks:
Fully Coaled: Yes No Type :
Heating: Yes No Type :
_deιτick(s) each side with a maximum safe working load of tons (2240 lbs.)/mctric tons( I OOO kg.).
Last 3 cargoes: Last.
2.
3.
Vessel is entered in P&l Club.
Vessel position on date of Charter Party:
Expected ready to load about:
Based upon loading at:
B. LAYDAYS:
Commencing: Cancelling:
C. LOADING RANGE(S)/PORT(S)/PLACE(S):
Charterer's Option
D. DISCHARGE RANGE(S). PORT(S)/PLACE(S):
Charterer's Option E. CARGO QUANTITY: ] Full Cargo as defined in Part II. Clause 2. (b) subject to the Maximum Cargo Capacity limits specified in Clause A. hereof.
D Part Cargo Minimum metric tons ( 1000 kg.) with Charterer's option to load up to Full Cargo as described in this Clause E.; no deadfrcight payable provided Part Cargo Minimum is supplied by Charterer.
F. CARGO DESCRIPTION:
G. FREIGHT RATE:
. Worldscale points per knot increase in Freight Rale for speed increases in accordance with Part II.
Clause 3.(d). H. FREIGHT PAYABLE VIA ELECTRONIC FUNDS TRANSFER TO:
I. TOTAL LAYTIME IN RUNNING HOURS:
J. DEMURRAGE PER DAY AND PRO RATA FOR PART OF A DAY:
K. GENERAL AVERAGE/ARBITRATION/LAW:
(a) The place of General Average and arbitration proceedings to be London/New York.
(b) This Charter Party shall be governed by the laws of England/United States.
L. SPECIAL PROVISIONS AND INCORPORATED CLAUSES:
PART II
1. WARRANTIES
(a) DESCRIPTION/CONDITION. Owner warrants that from the time the obligation to proceed lo the loading porl(s)/placc(s) attache!, and throughout the Vessel's service hercunder the Vessel shall be as set forth in Part I. Clause A. Owner further warrant., that during said period the Vessel's hull, machinery, boilers, tanks and equipment, including but not limited to pipes, pumps, valves, heating coils, inert gas and crude oil wash systems (if the Vessel is so equipped) and navigational, nautical equipment and facilities, shall be in good working order and condition and in every way seaworthy and fit for the carriage of the cargo as*d<sc.ibcd in Part I. Clause F. so far as (lie foregoing conditions can be obtained by the exercise of due diligence.
(b) COMPLEMENT. Owner warrants td.ti. during the period described in paragraph (a) of this. Clause, the Vessel shall have a full and efficient complement of Master, officers and crew, with adequate training and experience in operating the Vessel's equipment and that the Master and all officers shall possess valid and current -cπificiitcs ocum-Ms issued or approved by the country oflhc Vessel's registry. Owner further warrants tlic conversational English language proficiency of the Master and officer(s) in charge of cargo and bunker oil handling.
(cl COMPLIANCE. Owner warrants thai the Vessel is in all respects eligible lor trading lo the ρon(s)'placι'.s| sol forth in Part I. l u es C and I). and thai at all necessary limes it shall have on board all certificates, records and other documents required foi such set* ice h. applicable law s, ι -guIatιons. requirements and inl-inalioiial conventions, including but not limited lo ihe U S Port and I anker Safety Λel ol 1078. llic Ports and Waterways Safety Act. the l edeial Water Pollution Control Act. the Oil Pollution Act ol I WO. all regulations ι Mied . (hercunder and IMC) Regulations
<d| I ΛlLURI" TO C OMPLY. Any delay imurrcd because of the Vessel's I'ailine lo toniptj with paragraphs (a) (b) or te) ol lliis Clausc shall not count as layttmc.or. if the Vessel is on demurrage, as ume on demuπage and any cvpensc altiihutablc lo such
Figure imgf000041_0001
shall be for Owner's account.
2. VO\ AGE/ FULL CARGO/BUNKER REPLACEMENT
(a) VOYAGE. The Vessel shall proceed with utmost dispatch to any port( )'placc(.s) as ordered by Charterer in accordance w ith Part I. Clause C, arrive with clean ballast and there load a cargo as described in Part 1. Clause T. Upon completion of loading, the Vessel shall forthwith proceed al the Charter Speed, as set forth in Part I. Clause A., or alternatively at a speed advised by Charterer pursuant lo Clause ϊ (d) lo any port.s) p(acc(sl as ordered by Charterer in accordance with Pan I, Clause D. and there deliver said cargo.
(b) FULL CARGO. The lcrm "full cargo" shall mean a cargo which fills the Vessel lo its minimum freeboard, as permitted by the International Load Line Convention. 1966. together with any applicable amendment thereto, or fills the cubic capacity of the Vessel's available cargo spaces, whichever occurs first, after leaving appropriate space in the tanks for expansion of cargo.
(c) BUNKER REPLACEMENT COST. As used herein with respect to bunkers, "replacement cost" shall mean the actual replacement cost of bunkers at the port where bunkers arc next taken or. if bunkers arc not to be taken again, the price paid at the port where bunkers were last taken
3. FREIGHT
Figure imgf000041_0002
rale for the relevant trans-shipment area as stipulated in Worldscale or such flat rate provided by Worldscale upon application by Owner and Charterer or either of them multiplied in either case by the Worldscale percentage set forth in Part I. Clause p. ■- .. . - -. . .
4. DEADFREIGHT ' .ι. ,i V • - * '''. ,. ,. < ■- '' "-', - , - y - -' ''«r -y"" ^
Charterer need not supply a dill cargo, as defined in Pert I. Clause E. and Clause 2. (b), but if it docs not, deadfrcight shall be paid at (he freight rate stipulated in Part I, Clause G. on the difference between the cargo quantity specified as full cargo in Part I, Clause E. and Clause 2. (b) and the quantity shown on the Bill(s) of Lading or the cargo inspector's Certificate of Inspection, whichever is applicable. Owner will supply Charterer with proper supporting documents (Deadfrcight Statement of equivalent) prior to Charterer making any payment hereunder.
5. NOMINATING LOADING AND DISCHARGE PORTS/VARYING NOMINATIONS/INDEMNIFICATION
(a) NOMINATIONS. Charterer shall nominate loading or discharge port(s) placc(s) or order the Vessel lo a destination for orders. If (he Vessel is ordered lo a destination for orders. Charterer shall thereafter nominate loading or discharge porl(s)/place(s). All such nominations or orders shall be made in sufficient time to avoid delay to Ihe Vessel; however, any time spent by the Vessel awaiting orders as aforesaid shall be payable at the demurrage rate per day or pro rata as stipulated in Part I, Clause J. Extra bunkers consumed to maintain cargo heating while awaiting Charterer's orders will be payable at replacement cost. ,
<b) VARYING NOMINATIONS. If after loading or discharge port(s).placc(s) have been nominated. Charterer desires lo vary any of such pαrt(s).placc(κ). Owner agrees to issue such revised instructions as are necessary to give effect lo Charterer's revised orders where ranges are .sol forth in Part I. Clauses C. and or D.. mid the new dis-cltarge port(κ)/ρlacc(s| are within the said ranges. Charterer's option u> nominate new loading/discharge port(s).place(s) within different ranges shall lapse on tendering Notice of Readiness at the first nominated loading oi discharge poιi(s)/phιcc(s). freight shall be payable in accordance with ihe rale stipulated in Pan I. Clause G. for the voyage actually pcifbimcd. II". by reason of a change of orders or as a result of the Vessel being ordered to a destination for orders pursuant to paragraph (a) above, the Vessel is invoked in greater mileage than the ordinary direct route to the rcnominatcd'nomiiiated poN(s).'placc(s) a- the case may be. Charterer agrees lo compensate Owner for resulting lime lost by payment al the demurrage rate .stipulated in Part I. Clause J. and for extra bunkers consumed by payment at replacement cost. Should Charterer desire to change quantities lo be discharged at discharge port(s|/plaee(s| originally named in Uill(s) of Lading or discharge port(s) place(s) nominated pursuant lo this paragraph. Owner agrees to issue such revised instruction- as arc necessary to give effect lo Charterer's revised orders, (c) INDEMNIFICATION.
If. as a result of varying nominations referred to in the preceding paragraph. Charterer should order Ihe Vessel lo proceed to port(s)/placc(s) not named in or to discharge a quantity of cargo other than as designated on the Uillls) of Lading, or if oiigmal t.ill(s) of Lading arc not available at the discharge port(s),'placc(s) for timely surrender lo the Vessel, the Vessel shall proceed lo the newly named port(s)/ρlace(s) and/or discharge the newly designated quantity and/or dclivcr'the cargo to a party and at a facility at the discharge port(s)/ρlacc(s) as directed by Charterer by letter, telex or cable, if Charterer first advises Owner by letter, telev or cable that in return for Owner's compliance with Charterer's delivery instructions Charterer agrees:
1. To indemnify Owner, its servants and agents ("Owner, et al.") and to hold all or each of them harmless in respect of any liability, loss or damage of whatsoever nature which Owner, et al. may sustain by reason of proceeding lo Ihe newly named poπ(s)/placc(s) and/or discharging the newly designated quantity and or delivering the goods to Charterer or its designee in accordance with Chatterer's instructions.
2. In the event of any proceedings being commenced against Owner, cl al., in connection with the new designation of port(s)/place(s) or quantity and/or the delivery of the goods as aforesaid lo provide them from time to time with sufficient funds to defend the same.
3. If the Vessel or any other vessel or property belonging (o Owner should be arrested or detained or if the arrest or detention thereof should be threatened, to provide such bail or other security as may be required to prevent such arrest or detention or lo secure the release of such Vessel/vessel or property and to indemnify Owner in respect of any loss, damage or expenses caused by such arrest or detention whether or not the same may be justified. . In ihe case of delivery or the goods without surrender of the Bill(s) of Lading, as soon as all original βill(-) of Lading for the above goods shall have arrived and/or come into Charterer's possession, to produce and deliver the same to Owner whereupon Charterer's liability hercunder shall cease. Should Owner reasonably deem it desirable. Charterer shall also provide to Owner, prior to Owner being obligated to act hereunder, a guaranty or irrevocable letter of credit issued or confirmed by a bank reasonably acceptable to Owner.
6. ETA
(a) NOTIFICATION. The Master shall, as soon as commencing the voyage to the nominated loading port(s)/ptace(s), notify Charterer and, as applicable, the Vessel's/Charterer's agents of the Estimated Time of Arrival (ETA) at the first toad port/place. Upon departure from the last loading port place, the Master shall notify thelame parties of the ETA at the first discharge port/place. The Master shall, duration of the voyage permitting, give the same parties notice for each discharge porttplace of 72/4824 hours in advance of ETA and such other notices as Charterer may reasonably request
(b) INABILITY TO TRIM. Should the Vessel be unable to trim to an even keel for arrival at any discharge port(s) pUce(s), the Master shall notify Charterer as soon as possible after becoming aware of same, including in such notice estimated arrival draft forward and aft
(c) ETA ALTERATION. An alteration of more than three (3) hours in the twenty-four (24) hour notice or an alteration of more than twelve (12) hours in any other notice given pursuant to paragraph (a) above shall be advised by the Master to Charterer and, as applicable, to the Vessel's/Charterer's agents. .. *
(d) FAILURE TO COMPLY. If the Master fails to comply with the requirements of paragraphs (a), (b) and or (c) above, any delay resulting therefrom shall not count as laytime or. if the Vessel is on demurrage, as time on demurrage and any additional expenses resulting therefrom shall be for Owner's account.
(e) FORM OF NOTIFICATION. All advices and notifications required by this Clause shall be made by cable, telex or radio (if the latter, to be subsequently confirmed promptly in writing).
7- NOTICE OF READINESS
Upon arrival of the Vessel at customary anchorage at each porttplace of loading or discharge, the Master or Vessel's agent shall give Charterer or its agent Notice of Readiness, ("NOR") by letter, cable, telex, radio or telephone (if by radio or telephone, to be subsequently confirmed promptly in writing) that the Vessel is ready lo load or discharge cargo, berth or no berth. NOR shall be tendered only during the Laydays set forth in Part I. Clause B. With respect to the first load port if the Vessel arrives after the Cancelling Date referred to in Clause 8. below and the voyage is maintained, NOR is to be tendered, and laytime shall commence when the Vessel is all fast or twenty-four (24) hours after tendcrcf NOR, whichever occurs first «. CANCELLING
With respect to arrival at the sole or first load port place, should Charterer or its agent not have received the NOR referred to in Clause 7. by 1600 hours (local time) on the Cancelling date set forth in Part 1. Clause B. (hereinafter called "cancellation time") Charterer shall have Ihe option of cancelling this Charter Party by giving Owner notice of such cancellation within twenty-four (24) hours of Ihe cancellation time: otherwise (his Charter Party shall remain in full force and effect. Charterer's said option shall continue to apply even if the Vessel tenders NOR within the aforesaid twenty-four (24) hour period. Cancellation or failure (o cancel4t-.ll be without prejudice to any claim for damages Charterer may have for fate tender of the Vessel's services.
9. EARLY LOADING
If Owner requests and Charterer agrees that (he Vessel commence loading prior to the commencement of laydays. time between (he commencement of loading and 0600 hours on the Commencing date set forth in Part I. Clause B. shall, as appropriate, be deducted from or offset against any time (he Vessel spends wailing for berth or ullage al the discharge port prior to commencement of discharge. However, if live Vessel proceeds direct to the discharge berth without delay, no benefit will accrue to Charterer hercunder. Laytime at flit* load port, pursuant to this clause. shall not commence until the Vessel commences loading. • ;. v "' ' •"' •
10. LAYTIME ..? .
(a) COMMENCEMENT. Except in the instance described in Clause 9. or unless Charterer otherwise agrees, laytime shall not commence before 0600 hours on the Commencing date set forth in Part I. Clause U. Laytime or. if (he vessel is on demurrage, time on dcnuιrr g.e. as hereinafter provided, shall commence or resume upon Ihe expiration of six (6) hours alter receipt of NOR or upon the Vessel's arrival in berth (i.e. finished mooring when at a sea loading or discharging facility and all fast when loading or discharging alongside a wharf or another vessel in transshipment at sea) whichever first occurs. The number of running hours specified as laytime in Part 1. Clause 1. shall be allowed Charterer free of expense for the purpose of loading and discharge of cargo and all olhcr Charterer's purposes. Laytime or. if the Vessel is on demurrage, time on demurrage, shall continue to run until cargo hoses have been disconnected. If the Vessel is delayed in excess of two (2) hours alter such disconnection solely for Charterer's purposes, laylimc or, if the Vessel is on demurrage, time on demurrage, shall be deemed to have continued without interruption from the time of disconnection until Ihe termination of the delay.
(b) EXCLUSIONS. Notwithstanding any other provisions of this Charter Party, time shall not count as laylime or. if ihe Vessel is on demurrage, as time on demurrage, when spent or lost:
(i) On an inward passage after the expiration of the six (6) hour period following receipt of NOR. including but not-limited to awaiting tugs or pilot, moving from anchorage or other waiting place, even if lightening has taken place at the anchorage, lo the berth or olhcr place of loading or discharge specified by Charterer; (iii Due to overflow, breakdown, inefficiency, repairs or olhcr cause attributable to the Vessel. Master, officers, crew and/or Owner. including inability of the Vessel's facilities to load or discharge (he cargo within the time allowed and/or failure lo meet Vessel warranties set forth in Clause I .; (iii) As a result of a labor dispute, strike, go slow, work to rule, lockout, sioppagc or restraint of labor of Master, officers or crew of the Vessel ortugboats or pilots unless, in the case where Charterer has loading/discharge port options, such is in force al the port at Ihe time Charterer nominated said port; (iv) In handling ballast, oily residues, slops, or the like; lining up and/or draining of pumps pipelines; cleaning of tanks, pumps. pipelines; bunkering not concurrent with loading and discharge: or for any other purposc(s) ofthe Vessel; (v) Due to Owner prohibiting loading or discharge; (vi) By reason of local law or regulations, action or inaction by local authorities (including, but nol limited to. Coast Guard, Naval.
Customs, Immigration or Health authorities), with the exception, however, of port closure due to weather and/or sea conditions: (vit) Due to an escape or discharge of Oil or the Threat of an escape or discharge of Oil on or from (he Vessel. (The term "Oil" and the phrase "Threat of an escape or discharge of Oil" shall for (he purpose of this Clause have (he meanings given (hem in
TOV ALOP as defined in Clause 34).
11. DEMURRAGE
Charterer shall pay demurrage per running day and pro rata for a pan (hereof at Ihe rate stipulated in Part I, Clause J. for all time by which the allowed laytime specified in Part I, Clause 1. hereof is exceeded by the time taken to load and discharge unless the provisions of Clause 10. (b) apply to aid loading and discharge time. If, however, demurrage is incurred due to fire or explosion at the port(s)/p.acc(s) of loading andor discharge, or by breakdown of equipment or machinery in or about the plant of Charterer, shipper or consignee of the cargo; or arises or results from act of God, act of war, strike or lockout or stoppage or restraint of labor from whatever cause, either partial or general, boycott, riot, " civil commotion or by arrest or restraint of princes, rulers or people, the rate of demurrage shall be reduced to one-half per running day or pro rata for part of a running day. Delays incurred after tender of NOR at loading or discharge ports which are due io weather and/or sea conditions including but not limited to lightning, storm, wind, waves and or swells shall count as one-half laytime and. if the Vessel is on d^ur e, the rate ofdemuπagestiaU be reduced to one-lαlfpCT - - '
12. TIME LIMITATION ON CLAIMS . . ' ,. ,
Owner shall notify Charterer within sixty (60) days from the termination ofthe voyage (or of each voyage if this Charter Party specifies (hat more man one voyage is lo be performed) set forth in Part I of this Charter Party if any demurrage has been incurred. Charterer will not be responsible to pay any claim for demurrage arising out of this Charter Party if said sixty (60) day notice is not given and if a claim with full supporting documentation is not presented to Charterer by Owner within ninety (90) days of said termination. Charterer will not be responsible to pay any other claims arising under this Charter Party, except claims for damage to. loss or shortage of cargo and claims against the Owner by a third party for which indemnity from the Charterer is sought, not presented with full supporting documentation within one-hundred eighty (180) days from said termination, -■■•"
13. LOADING/DISCHARGE PLACE SHIFTING
<a. 1-OCAT-ON/SHlFTtNα.Ttκ. Vessel shall load and discharge at alierth, jetty, doclc, anchorage submarirw line, alongside a vessel or vessels or a lighter or lighters or any other place whatsoever as ordered by Charterer, any lighterage being at the expense, risk and peril of Charterer unless necessitated by fault ofthe Vessel. Charterer shall have the right of requiring the Vessel to shift to another such berth or place once or more often on payment of alt additional expenses incurred including additional bunkers at replacement cost For the purpose of freight payment the places grouped in Port and Terminal Combinations in Worldscale current at the date of commencement of loading are to be considered as berths within a single port. Charterer paying shifting expenses in accordance with the foregoing. Time spent shifting shall count as laytime or, if the Vessel is on demurrage, as time on demurrage. When the Vessel loads or discharges at a sea terminal, it shall be property equipped at Owner's expense for loading or discharging at such place, including suitable ground tackle, mooring lines and equipment fo la_>dUftgsubr-AnwUr^»tvi*-tv-n(lO)tonsi-\wtig L ■■<*■■.■»*■«« ■-■■■ Washing operations, tf less than all of the tanks arc washed, the <aid maximum hours, shall be prorated on the basis of the number of tanks _ washed to the total number of cargo tanks and the hours resulting from such proration shall be added to the allowed pumping hours. The officers and crew shall be fully qualified and experienced in Crude Oil Washing procedures In the absence of instructions from Charterer that the Vessel conduct Crude Oil Washing, the Vessel may nevertheless do so lo comply with Marpot 1973 78 minimum Crude Oil Washing requirements. In such circumstances the allowed pumping hours shall be increased as aforesaid If Crude Oil Washing is not conducted. Charterer shall have the right lo require Vessel lo remain at berth for clingagc rundown or other cargo recovery technique The time for such clingage rundown or other cargo recovery technique shall not exceed ten ( 10) hours and (he time so used shall count as laytime or. if Vessel is on demurrage, as lime on demurrage.
(c) CLOSED LOADING. Owner warrants that (he Vessel can and will operate in a fully closed loading mode throughout Ihe term of (his Charter Party.
(f) HOSES Hoses for loading and discharge shall be lumishcd by Charterer and shall be connected and disconnected by Charterer or. at Ihe option of Owner, by Owner at Charterer's risk and expense
16. DUES,TAXES AND OTHER CHARGES
Unless otherwise specified in Worldscale or as sit forth in Part 1, C lause L . if applicable and to Ihe extent not prohibited by law. all dues, taxes and oilier charges assessed upon Ihe cargo loaded or discharged shall be paid bv Charterer and dues, taxes and other ihargcs assessed upon (he Vessel (including those assessed on the quantity ol taigo loaded oi discharged on the Ireighl or in anord.uicc v. ill. government regulations) •shall be paid by Ownci The Vessel shall be lice nl chaiges loi ihe use ol anj berth uh il. dock plate or mooring latilily au.mged by Ourteicr for (lie purpose ol loading and discliaigc ol cai o hov-c.ci Ouiit'i shall lit responsible loi such charges when incurred so!el> lor (he Vessel s purposes, including, but not limited to awaiting Outlet's ordeis tank dialling hall.isting'dth ll istmg oi repairs or lor reasons beyond < lurterer's control bcloie during oi alter loading and Ol discharge
All dues, taxes and other charges incurred cithei pavahle bj O nei or by C harterer shall be settled direclK b\ Owner or its \gcnl All charges payable by Chaitcrei pursuant lo this Clause shall be sepauicl) billed by Owner to ("h.irteixi togethei with supporting documents
17. ΛGENCl
Unless otherwise agreed. Charterer shall nominate (he Vessel's agents at each loading ami disch.iigmg port 'place Such agents shall be appointed, instructed and paid for by Owner
18. CARGOES EXCLUDED
Figure imgf000044_0001
19. ICE
(a) RIGHT OF CHARTERER Notwithstanding any other prosisions of this Charter Party, Charterer shall have the right, u ith respect to (b), (c) and (d) below, to nominate alternate ice free loading or discharge port(s)/placc(s) which arc not within the ranges set forth in Part 1. Clause C. and/or D
(b) DURING VOYAGE In case port(s)/placc(s) of loading or discharge should be inaccessible owing lo ice, the Vessel shall direct its course according to Master's judgment, notifying by cable, telex or radio Charterer, who shall give orders for alternate loading or discharge port(sVplacc(s) free from ice and where there arc facilities for the loading or reception ofthe cargo in bulk tn this event, freight shall be paid at the rate applicable under this Charter Party to such alternate loading or discharge port(sVplacc(s) and any extra expenses, including additional bunkers at replacement cost, incurred as a result o the issuance of changed orders shall be paid for by Charterer and any time thereby lost to the Vessel proceeding (o such alternate loading or discharge port versus proceeding (here direct shall count as detention which shall be payable as demurrage at the demurrage rale stipulated in Part 1. Clause J.
(c) AT PORT. If, on or after (he Vessel's arrival at a loading or discharge port(s)/place(s). (he Master considers it dangerous to remain at such port or place for fear ofthe Vessel being frozen in or damaged the Master shall communicate by cable, telex or radio with Charterer, who shall cable, telex or radio in reply giving orders to proceed to alternate port(s)/place(s) where (here is no danger of ice and where (here are Ihe necessary facilities for the loading or reception of the cargo in bulk or to remain at the original port at Charterer's risk. In the event Charterer requests the Master to proceed to alternate port(s)/place(s) of loading or discharge, freight shall be paid at the rate applicable under this Charter Party to such alternate loading or discharge port(s) lac ) and any extra expenses, including additional bunkers at replacement cost, incurred as * result of such request shall be paid for by Charterer and any time thereby lost to the Vessel by proceeding to such alternate loading or discharge porKs) lace(s) versus proceeding there direct shall count as detention which shall be payable as demurrage at the demurrage rate stipulated in Part L Clause J. In the event Charterer requests the Master to remain at the original port or place any time so lost on account of ice shall count as detention which shall be payable as demurrage at the ratcstipulated in Part I, Clause J.
(d) INSURANCE. Save as otherwise provided in this clause, Owner shall remain solely responsible for arranging insurance on Ihe Vessel including appropriate cover against any risk of loss or damage by ice. In the event of Charterer giving orders under this clause for alternate loading or discharge port(s)/p!ace(s) lying outside the loading or discharge range(s) stipulated in this Charter Party, and lying outside the Institute Warranty Limits, Charterer shall pay any reasonable additional premium required for breach of such Limits, tn no case shall the Charterer be held responsible (whether under Clause I3.(b) of this Charter Party or otherwise) for any loss or damage sustained by the Vessel through contact with ice
20. GENERAL CARGO
Charterer has the option of shipping, in available dry cargo space, packaged products and/or general cargo which are not dangerous or hazardous. Freight shall be payable at the rale stipulated in Part I, Clause G. and Charterer shall pay in addition all expenses incurred solely as i result ofthe packaged products/general cargo being carried Delay incurred, as a result of exercising such options, shall count as laytime, or il Ihe Vessel is on demurrage, as lime on demurrage but only lo the extent such time is not concurrent with lime used for loading and/or discharge o the cargo described in Part I, Clause F.
21. QUARANTINE
Time lost at any port due to quarantine shall not count as laytime or, if the Vessel is on demurrage, as time on demurrage, unless such quarantine was in force at the time when such port was nominated by Charterer.
22. CLEANING <
(a) INSPECTOR RESPONSIBILITY. Owner shall clean the tanks, pipes and pumps ofthe Vessel to the satisfaction of a cargo inspectoT appointed by Charterer. Neither Owner nor the Vessel shall be responsible for any admixture if more than one quality of oil is shipped, nor for leakage, contamination or deterioration in quality of the cargo unless the admixture, leakage, contamination or deterioration results from (ι) an unscawonhy condition existing at the lime of loading or at Ihe inception ofthe voyage which was discoverable by the exercise of due diligence, or (ii ) error or fault ofthe servants of Owner in the loading, care or discharge ofthe cargo,
(b) INSPECTION. If (he cargo set forth in Part I. Clause F. is clean product and internal inspection of the tanks is required by Charterer. Owner shall gasfrcc the (anks as necessary. Any (inic used for internal lank inspection and any rc-iπertiπg of (he Vessel shall count as laytime or. if the Vessel is on demurrage, as time on demurrage. Any time required following such inspection for cleaning and gasfrccing shall nol count as laytime or, if the Vessel is on demurrage, as time on demurrage. Compliance with this Clause shall not be deemed compliance with Owner's obligations under Clause I. which arc in no way lessened by (his Clause.
23. OIL POLLUTION PREVENTION
Ow tier shall ensure that the Master shall
(i) At the start of the ballast passage, before presenting the Vessel for loading hercunder. retain on board all oil residues remaining on hoard from the previous cargo.
<«( During tank washing collect washings into one cargo compartment and. alter maximum separation ol Irec water, discharge such waiei overboard lo the extent permitted by applicable law and regulations,
(ui) I licrcaltci notify Charterer ol the amounts ol oil and water in the segregated tank washings, and the origin o the oily residues
On being notified in accordance with sub-paragiaph (m) ol this Clause Charterer shall, bclore the Vessel's aru.al al the loading port(s) place(s) give- msiiuclions loi the handling ol such segregated lank washings and Owner shall eusuic that the M.istci. on the Vessel .tinv.it .n i he loading poιι(s)/pl,ιce(s) shall anange in conjunction w ith the cargo suppliers, foi ihe mcisuienicnt ol the quantit. ol such segregated lank washings and shall make a note ol such quantity in the Vessel s ullage record.
II C haitcrer requires ihe cargo lo be loaded on lop ol such segregated lank washings, trcighl in aecoidance w ith C latise 3 shall he payable on such quanta, ol segregated lank washings up to a tonnage equiv alent lo one peicent (1%) ol ihe Vessel s deadweight tonnage on summer marks and Ownei shall ensure that the Master shall keep the water in such segregated lank washings to a minimum which shall in any event not exceed filteen humlredihs ol one percent (0 1 V'_) ol the Vessel s deadweight tonnage on summer marks
II C haπcrcr requires such segregated lank washings lo be kept separate fiom the cargo lo be loaded, t haπcrer shall pay lor any dcadlreight so incurred upon presentation by Owner of vitisfactory supporting documentation
If Charterer requires the Vessel lo discharge lank washings ashore at a loading port where slop facilities are available. Ihe time shall not count as laytime or. if the Vessel is on demurrage, as lime on demurrage and all additional expenses thereby incurred shall he for Owner's account
24. INSPEC TION, MEASUREMENT AND REPRESENTATION
(a) INSPECTION Chaπcrei shall have the right lo require inspection and/or ullaging of the Vessel's tanks by a cargo inspector it designates at loading and'or discharge port(s)/placc(s) lo ascertain the quantity and quality ofthe cargo and residues and the quanlity ofthe water on board Deprcs iiπ/aiion of (he tanks to permit nispccdon and/or ullaging shall be carried oul in accordance unit recommendations in the latest edition ofthe "International Safely Guide for Oil Tankers and Terminals " Charterer shall also have the right to inspect and take samples from the bunker tanks and other non-cargo spaces Any delay to the Vessel caused by such inspections, ullaging. sampling or associated dcprcssuπzing/rcprcssurizing of tanks shall count as laytime or, if the Vessel is on demurrage, as time on demurrage Charterer shall further have the right al loading or discharge port(sVplace(s) to inspect the Vessel as part of Charterer's or its nominee's vessel inspection program Such inspection shall be conducted in conjunction with (he Master and'or (he designated represen(atιve of Ihe Master for (he purpose of determining whether the Vessel is being maintained and operated so as to arrant future employment consideration by Charterer
(b) MEASUREMLNT The Master shall ascertain the contents of all tanks before and after loading and before and after discharge, and shall prepare lank-by-tank ullage reports of (he cargo. wa(er and residue* on board which shall be promptly made available lo Charterer or its representatives if requested Each such ullage report shall show actual ullage/dips, and densities al observed and standard temperatures ( 15 degrees Celsius or 60 degrees Fahrenheit) All quantities shall be expressed in cubic meters and gross barrels at both observed and standard temperatures
(c) REPRESENTATION Charterer shall have the right to have a representative on board at the discharge port(s).pIace(s) in order to monitor cargo operations, provide advice on maximizing cargo outturn and assist Ihe Master in fulfilling his obligation to ensure that proper pollution prevention procedures are in place. Any delay resulting solely from cargo monitoring, or advising regarding outturn maximization shall account as laytime or, if the Vessel is on demurrage, as time on demurrage.
25. HEATING
If the Vessel is described as having cargo heating capability in Part I. Clause A, Owner warrants that the Vessel is capable of heating the cargo up to and maintaining il at a maximum temperature of 135*F.57*C. If requested by Charterer, the Vessel shall heat the cargo so as to maintain the temperature at which the cargo was loaded (up to a maximum of 135"F) Ihroughout the voyage including the entire discharge. If requested by Charterer and if the length of the voyage allows, Ihe Vessel shall increase and maintain the temperature ofthe cargo from the loaded temperature lo a temperature specified by Charterer, up to a maximum of 13S*F, and Charterer shall pay for extra bunkers consumed solely in increasing the temperature as aforesaid at replacement cost If the Vessel fails to maintain the loaded temperature or to increase and maintain temperature of the cargo, as requested b Ch rterer, Charterer shall, in addition to the remedy set forth in Clause 13. (d) have the option to ttold.the Vessel off the berth and/or to suspend discharging until the cargo is property heated, and Owner shall be responsible for all loss. shortage or damage to the cargo resulting therefrom and also for any resulting delay. The lime lost thereby shall not count »s laytime or, if the Vessel is on demurrage, as time on demurrage; and, if steam must be supplied from a shore or other facility lo maintain the said temperature, the cost shall be for Owner's account
26. PROTECTION AND INDEMNITY (P&I)
Owner warrants that throughout the Vessel's service under this Charter Party, Owner shall maintain in force full and valid Protection and Indemnity Insurance as set out in the Protection and Indemnity Clause attached to this charter and identified as Attachment "A".
27. BUNKERS
When, in connection with the performance of any voyage provided for in this Charter Party, Owner plans to purchase bunkers at any ρort(sVρlace(s), Owner shall purchase the bunkers from Charterer or its designated affiliates) whenever they are so available at competitive prices. In the event lower prices are quoted to Owner by any supplier at the portfs) in question. Owner shall give Charterer or its designated affiliatefs) the opportunity to meet such quotation.
Figure imgf000045_0001
servants of Owner in (he navigation or management of the Vessel: fire, unless caused by the personal design or neglect of Owner; collision, stranding, or peril, danger or accident of Ihe sea or other navigable waters; or from explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, equipment or machinery. And neither (he Vessel, the Master or Owner, nor Charterer, shall, unless otherwise in this Charter Party expressly provided, be responsible for loss, damage, delay or any failure in performing hercunder arising or resulting from: act of God; act of wan perils of the seas; act of public enemies, pirates or assailing thieves; arrest or restraint of princes, rulers or people, or seizure under legal process provided bond is promptly furnished (o release (he Vessel or cargo; slrikc or lockout or stoppage or restraint of labor from whatever cause cither partial or general; or riot or civil commotion.
(b) NO AFFECT ON WARRANTIES. The exceptions stated in Paragraph (a) of this Clause shall not affect Owner's warranties and undertakings with respect to the condition of the Vessel as set forth in Clause I . and elsewhere in this Charter Party, the obligations of Owner in rcsnccl of ihe loading, handling, stowage, carriage, custody, care and discharge of the cargo and/or ihe rights or obligations of cither Owner or Charterer with respect lo laytime or demurrage as elsewhere provided in this Charter Party.
29. BILLS OF LADING
(a) SIGNING. Bills of Lading shall be signed by the Master as presented, the Master attending daily, if required, al the offices of Charterer or ils agents. However, at Charterer's option. Charterer or its agents may sign Hills of Lading on behalf of (he Master. All Hills of I aiding shall he without prejudice to this Charter Party and Charterer shall indemnify Owner against all consequences or liabilities which may arise from anv inconsistency between [his Charter Party and any Hills of Lading or other documents signed by Charterer or its agents or by ihe Master al thei request or which may arise from an irregularity in papers supplied by Charterer or its agents. Such right of indemnity shall not apply to any loss or damage arising from (i) signature by or on behalf of the* Master of a Bill of Lading containing statements of fact which he (or other party signing) knows lo be untrue, or (ii) failure by the Master (or other party signing) to exercise proper care lo cheek the Bills of Lading lor Iheir accuracy. The Master shall neither be required in sign Hills of Lading for any port which Ihe Vessel cannot enter, remain ai and leave in safely and always afloat nor for any blockaded poιt(s) placc(s).
(b) STATUTORY PROVISIONS/OTHER TERMS. The carriage ofcargo'undcr (his Charier Party and under all Hills of Lading issued for ihe cargo shall be subjecl lo the statutory provisions and other terms set forth or specified in sub-paragraphs (i) through (vi) of this Clause and such terms shall be incorporated verbatim or be deemed incorporated by reference in any such Dili of Lading. In such sub-paragraphs and in any Act referred lo therein, the word "Carrier" shall include Owner and any chartered owner ofthe Vessel.
(i) CLAUSE PARAMOUNT: Any Bill of Lading issued for the carriage of cargo under this Charter Party shall have effect suhjecl to the provisions of the Carriage of Goods by Sea Act of the United States, approved April I ft. 193(1. except that if the Hill of Lading is issued at a place where any other Act. ordinance or legislation gives statutory effect lo the International Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels, August I924. then the Hill of Lading" shall have elTcct subject to the provisions of such Act, ordinance or legislation. The applicable Act. ordinance or legislation (hereinafter called the "Act") shall be deemed to be incorporated herein and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or an increase of any of its rights or immunities or an increase of any of its responsibilities or liabilities under (he Act. If any term of the Bill of Lading be repugnant to the Act lo any extent, such term shall be void lo that extent but no further, (ii) JASON CLAUSE: In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or nol, for which, or for the consequence of which. Carrier is not responsible, by statute, contract or otherwise, (he cargo shippers, consignees or owners of (he cargo shall contribute with Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if (he said salving ship or sliips belonged to strangers. Such deposit as Carrier or its Agents may deem sufficient to cover the estimated contribution ofthe cargo, and any salvage and special charges thereon shall, if required, be made by the cargo shippers, consignees or owners of the cargo to the Carrier before delivery, (iii) GENERAL AVERAGE: General Average shall be adjusted, stated and settled according to York/ Antwerp Rules 1974. as amended 1990, and, as to matters not provided for by those Rules, according to the laws and usages at the place set forth in Part I, Clause K.(a) (except that any payment made by Carrier to Charterer pursuant to Clause 34., (b) or lo a Government or others to "remove" oil or a "threat of oil pollution'' as defined in TOVALOP. as well as any other payments, with respect to the Vessel or Owner's liability for Oil Pollution damages, shall not be deemed to represent General Average sacrifices or expenditures). If a General Average statement is required, it shall be prepared at such place by an Adjuster located there appointed by the Carrier and approved by the Charterer. Such adjuster shall attend to the settlement and the collection ofthe General Average, subject to customary charges. General Average Agreements and/or security shall be furnished by Carrier and/or Charterer, and/or owner and or consignee of the cargo, if requested. Any cash deposit being made as security to pay General Average and/or salvage shall be remitted to the Average Adjuster and shall be held by (he Adjuster at the Adjuster's risk in a special account in a duly . authorized and licensed bank at the place where the General Average statement is prepared, (iv) BOTH TO BLAME: If the Vessel comes into colI ϊon with another vessel as a result of negligence ofthe other vessel and any . act, neglect or default ofthe Master, mariner, pilot or the servants o the Carrier in Ihe navigation or in Ihe management ofthe ] Vessel, the owners of the cargo carried hereunder shall indemnify the Carrier against all loss or liability to the other or non-carrying ship or its owners insofar as such loss or liability represents loss of, or damage lo, or any claim whatsoever ofthe owners of said cargo, paid or payable by the other or non-carrying ship or its owners to the owners of said cargo and set off, recouped or recovered by the other or non-carrying ship or its owners as part of their claim against Ihe carrying ship or Carrier. The foregoing provisions shall apply where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of • collision or contact, (v) LIMITATION OF LIABILITY. Any provision of this Charter Party to the contrary notwithstanding. Owner shall have the benefit of all limitations of, and exemptions from, liability accorded to the owner or chartered owner of vessels by any statute or rule of law for the time being in force, (vi) DEVIATION: The Vessel shall have liberty lo call al any port(s) pIace(s) in any order, to sail with or without pilots, to tow or to be towed, to go to the assistance of vessels in distress, to deviate for the purpose of saving life or property or of landing any ill or injured person on board, and to call forfuel at anyport orports inorout oflhe regularcour-eoflhe voyage. Any salvage . shall be for the sole benefit of Owner. ' — :
Figure imgf000046_0001
elect to make any such disbursements or advances) including commissions, cost of insurance and expenses thereon and for any damages sustained by Charterer as a result of breach of this Charter Party by Owner.
31. WAR CLAUSES
(a) BLOCKADE/HOSTILITIES. (I) If any loading or discharge port(sKplacc(s) named in this Charter Party lo which the Vessel ma properly be ordered pursuant to the terms of ihe Bills of Lading be blockaded, or (2) if owing (o any war. hostilities, warlike operations, civil war. civil commotions, revolutions or the operation of international law (i) entry lo any uch poπ(.s)/placc{.s) of loading or of discharge or (he loading or discharge of cargo at any such port(s)/ pkιcc(s) be considered by (he Master or Owner in his or their discretion dangerous or prohibited or (ii) it be considered by the Master or Owner in his or iheir discretion dangerous or impossible for the Vessel to reach any such port(s)/placc(s) of loading or discharge. Charterer shall have the right to order ihe cargo, or such pan of il as may be affected, to be loaded or discharged al any olhcr safe port(s|/ρlacc(s) of loading or discharge within the range of loading or discharge port(s)'place(sl. respectively, if such is established in Pan I. Clauses C. or D. provided such other poπ(.s)'pla.c(s) are not blockaded or that cnlry thereto or loading or discharge of cargo thereat is not in ihe Master's or Owner's discretion dangerous or prohibited. I fin respect of a poU'plaec of discharge, no order be received liom Charterer within forty-eight MX) hours after il or its agents have received from Owner a request for the nomination of a substitute port. Owner shall then he at liberty to discharge the cargo at any safe port which ϊl or the Master may in Iheu or his discretion determine (whether within the range of discharge ports established in Part I. Clause I) oi nol) and such discharge shall he deemed to he clue liillϊllin.nt of the <. barter Party insofar as cargo so discharged is concerned In ihe ev cut the c.ugo is loaded oi dischai eil at anv such oilier poιt(s)'pl.ιee(s) w ithm the lespoelive range of loading in discharge poιl(s) plaeels) which may have been established in Pail 1. 1 l.iuse (. oi I) . the ("h.iilei I'.irtv h.cll be lead in ic'spccl of Ii eight and nil olhei conditions uhatsoevei as il the voyage peiloimed vveie that ongiu.illv designated In the event, howcvct. that the Vessel discharges the c.ugo at a pouts) plaeels) outside Ihe range ol disehai e poιi(s) placets) which may have been established m art I C lause 13 . height shall be paid as loi the voj age oiiuinally designated and .ill esti.i espouses invol ed m i caching the actual port ofdischaigc and oi dischaige ol" the cargo thereat shall be paid by Ch.iueiei and'oi c.ugo ownei In this l.ittei event. O ei shall have a lien on the caigo for all such cvtra evpcnses
(bl COMPLIANCE WITH DIRECTIONS The Vessel shall have liberty to comply w ith any directions or recommendations as to departure, am vat. route's, ports of call, stoppage's, destinations, /ones, waters, delivery oi in any other wise hatsoever give'ii by the government of the nation under whose flag the Vessel sails or any other government or local aulhoi ity including any de facto government or local authoritv or by any person or body acting or purporting (o act as or with the authority of any such government or authority or by any committee or person, having under the terms of the war risk insurance covering the Vessel, the right to give any such directions or lecomniendalions. II by reason of or in compliance with any such directions oi recommendations, anything is done, oi is not done such shall no! be deemed a deviation. II' In teason of or in compliance with any such directions or recommendations, the Vessel does nol proceed to the porl(s)/placc(s) of discharge originally designated or lo which il may have been ordeied pursuant to the terms of Ihe liιll(s) ol Lading, die Vessel may proceed. lo any safe port(s). placets) of discharge as the Master or Owner in Us or their discretion may determine and there discharge the cargo Such discharge shall be deemed to be due fulfillment of this Charter Party and Owner shall be entitled lo freight as if discharge had been effected al the port(s)/placc(s| originally designated or to which the vessel may have been ordered pursuant to the terms of the l-ill(s) of Lading. All cstra expenses involved in reaching any such other port(s)/placc(-) of discharge and discharging the cargo there shall be paid by Charterer and/or cargo owner and Owner shall have a ben on the cargo for freight and all such expenses.
32. BAC LOADING
Charterer may load the Vessel with a part cargo al any port(s)/placc(s) of discharge lo which the Vessel may have been ordered. Owner agrees to discharge such cargo at port(s)'placc(s) nominated by Charterer in accordance with Part I. Clause D of this Charter Party or at any other discharge port(s)'pIaec(s). provided such he within the rotation of discharge port(s)'place(s) previously nominated Freight in respect of such cargo shall be calculated at the demurrage rale stipulated in Part I. Clause J. for all additional time used by the Vessel as a result of loading and discharge of such cargo. Any additional port charges- incurred (including additional bunkers consumed al replacement cost, if shifting is involved) as a result of loading and discharge of such cargo shall be for Charterer's account.
33. ASSIGNMENTS AND SUBLET
(a) ASSIGNMENTS. Charterer, upon notice (by letter, telex or cable) to Owner may assign this Charter Party to any company related or affiliated to it.
(b) SUBLET. Charterer shall have the right to sublc( (he Vessel but. in the event of such a sublet. Charterer shall always remain responsible for Ihe due fulfillment of all Charter Party terms and conditions.
34. TOVΛLOP
(a) WARRANTY. Owner warrants thai the Vessel is a participating Tanker in TOVALOP and will so remain during the term of this Charter Party, provided however that nothing herein shall prevent Owner, upon prior notice to Charterer, from withdrawing from TOVALOP under Clauses III(B) or X thereof, and provided further that upon any withdrawal under Clause Ilt(B) or under Clause X. Charterer shall have the option to terminate this Charter Party.
(b) PREVENTION/MINIMIZATION. When an escape or discharge of Oil occurs from ihe Vessel and causes or threatens to cause Pollution Damage, or when there is a threat of an escape or discharge of Oil (i.e. a grave and imminent danger ofthe escape or discharge of Oil which, if il occurred, would create a serious danger of Pollution Damage), then Charterer may, at its option, upon notice (o Owner or Master.) undertake such measures as are reasonably necessary to prevent or minimize such damage or to remove the threat, unless Owner promptly undertakes the same. Charterer shall keep Owner advised of the nature and result of any such measures taken by it, and if time permits, the nature ofthe measures il intends to lake. Any ofthe aforementioned measures taken by Charterer shall be deemed taken on Owner's authority and as Owner's agent, and shall be at Owner's expense except to Ihe extent that:
(i) Any such escape or discharge or threat was caused or contributed to by Charterer, or
(ii) By reason of the exceptions set out in Article HI. paragraph 2, of the 1969 International Convention on Civil Liability for Oil Pollution Damage. Owner is, or, had ihe said convention applied lo such escape or discharge or to Ihe threat, would have been exempt from liability for same, or (iii) The cost of such measures together with all other liabilities, costs and expenses of Owner arising out of or in connection with such escape or discharge or threat removal exceeds the maximum liability applicable lo the Vessel under TOVALOP at the time of such escape or discharge or threat, save and insofar as Owner shall be entitled (o recover such excess under either Ihe 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage or under any protocol thereto or under CRISTAL. PROVIDED ALWAYS that if Owner in its absolute discretion considers said measures should be discontinued. Owner shall notify Charterer and thereafter Charterer shall have no right to continue said measures under the provisions of this Clause and all further liability to Charterer under thUCUtise shall thereupon cease. „_, ,. (c) NO DF.RO iATION OF RKiHTS The above provisions arc nol in derogation of such other righls as Charterer or Owner may have under this Charter Party or may otherwise have or acquire by law or any international convention or TOVALOP.
(d) DEFINITIONS. The term "TOVALOP" as used in this Charter means the Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution dated January 7. 1969. as amended from lime lo lime, and the (crm "CRISTAL" means ihe Comracl Regarding an Interim Supplement to Tanker Liability for Oil Pollution dated January 1 . 1971. ns amended from lime to lime. The terms "Oil" and "Pollution Damage" shall, for (he purposes of this Clause, have (he meanings ascribed lo them in TOVALOP provided, that, in any incident to which (he TOVALOP Supplcmcnl applies. Owner's limit of liability hercunder shall be as provided for in ihe said Supplement.
(c) CLAIMS. In (he event ofan actual or threatened escape or discharge of oil occurring from (he Vessel whilst a participating Tanker m TOVALOP. Owner shall comply with ihe terms ol'TOVΛLOP and shall cvcre.se due diligence to provide persons concerned with the escape or discharge (or Ihe threat thereof) with a copy of ihe TOVALOP Agreement and confirmation that Owner was. al ihe lime of such escape or discharge or threat, a Participating Owner
35. DRUGS AND ALCOHOL
Owner acknowledges lhat it is aw ate ol ihe piohlcm ol dings and alcohol abuse and ih.il it has a policy covering the Vessel, which meets oi cvcceils the "Guidelines foi Ihe Conliol ol Dings and Mcαhol Onhoaid Ship" as published bv the Oil Companies International M mie I oumi i Lnuiiirv 1990)
Ownei luitbei waiiants thai this poliev will be maintained thioughoiit the peiioil co eted bv ihix v liailei I'.irtv and tlwnei ill cwivi-e due diligence (o ensure (lt.il the poliev is complied with
36. ll.S. CclS I MS I.IX;illΛ I K)\S (SC \C)
Ownei waiiants that, in aec\ιι d nce- w ith I1) ( I K Parts 4 ' \ ami I 7N 2 ,,s amended u has a St.iiul.ud t aiuoi \lplia ( ode (S( U I vvlmh will piofiv a Dill of I admg scn.il numbei and loi a "unique idcntilioi" lo he entered on all llιll(s) ol Lading. C.ugo Mamie-sis. t .ug.v Decimations .uul othci c.ugo documents iclatiug to carnage ol goods lo (he United States of
Figure imgf000048_0001
as ma be piouded (or heiciuulei C hartcicr is not responsible loi an losses oi delays resulting Irom Own-i's failure lo coivφlv with the I'oicgomg
37. I RΛITTC SEPARATION AM) ROU TING RECOMMENDATIONS
Owner shall inslruct the Master lo obscive recommendations as to t il ic scp.ιι.ιiιon and looting as issued Irom time to lime by the International Maritime Organi7atιon oi as promulgated by ihe Stale ol the ll.ig of the \ cvscl or the Sl.itc m which ihe cllotlive management of the Vessel is exercised
38. ARBITRATION
Any dispute of whatsoever nature ausmg out ol this Charter Party giv mg use lo a claim or amended claim by cither party against the other shall be referred lo arbitration in the C ity ol New York or in the City of London, whichever place is set forth in Part 1. Clause K All New- York arbitrations shall be held in accordance w ith the rules ol the Λmeitc n Arbitration Association All London arbitrations shall be held before a single arbitrator and shall be subicct (o the Arbitration Acts 1950 lo 1979. (including any amendments ιhcre(o). except that a period of iwcniy-onc (21 ) clear days shall be allowed instead of seven (7) clear days foi appointments pursuant to Section 10 of the Arbitration \c\ 1950. The parties hereby consent lhat any appropriate court at place of arbitration shall have non-exclusive jurisdiction to enforce this arbitration agreement, lo enter judgment on ihe award and to grant any other remedy provided by law in respect r the arbitration proceedings or the award Personal service of summons or other legal process in proceedings brought m any such court, shall be deemed to have been effectually made upon a party by mailing a copy of such summons or process by registered mail. Awards made in any arbitration held pursuant lo this agreement may include an award of costs and reasonable attorneys' fees
39. INTERPRETATION
The interpretation of this Charter Party and the rights and obligations of the parties shall be governed by the laws applicable to charter parties made as set forth in Part I. Clause K. The headings of Clauses arc for convenience of reference only and shall not affect the interpretation of this Charter Party. No amendment, modification, waiver or discharge of any item of this Charter Party shall be valid unless in writing and signed by the party to be charged therewith.
IN WITNESS WHEREOF, Owner and Charterer have caused this Charter Party, consisting of a Preamble, Parts I and II. to be executed in duplicate as ofthe day and year first above written.
Witness the signature of:
Owner
By:.
Witness the signature of:
Charterer
By: It is contemplated that users ofthe system, mcluding ship owners and charterers, may pay a subscription fee to have access to the network site 40 and perform the functions described above. The subscription may be charged periodically and/or may be further based on the amount of times that the user accesses the system. A fee may further be charged to each party who completes a charter party contract. The fee may be based on a percentage ofthe fixture amount. Any other known forms of receiving revenues for operating the network site 40, including the placing of advertising banners on the site or the sale of subscriber lists, are readily contemplated to be incorporated into the system ofthe present invention. Further, while the invention has been particularly shown and described with respect to charter vessels for the transport of cargo, it could equally be used for arranging the transport of people or livestock, and the transport could be by means of truck or rail transport.
Although the invention has been described in detail in the foregoing embodiments, it is to be understood that they have been provided for purposes of illustration only and that other variations both in form and detail can be made thereupon by those skilled in the art without departing from the spirit and scope ofthe invention, which is defined solely by the appended claims.

Claims

WE CLAIM.
1. A method for arranging transportation between locations with a charterer and a transport vehicle owner, comprising the steps of: providing a charterer terminal with which the charterer can input information about objects to be transmitted from one location to another; providing an owner terminal with which the transport vehicle owner can input information about the capability and location of transport vehicles under his control; providing a network site for receiving and storing the information from both the charterer and the vehicle owner; automatically processing the received information to provide to the charterer a listing of vehicles capable of transporting the objects between the locations; allowing the selection of a vehicle from the listing by the charterer through the charterer terminal; and allowing the owner to indicate acceptance ofthe selection through the owner terminal.
2. The method of Claim 1 , wherein the processing step includes a matching step in which criteria from the charterer is matched with vehicle description and availability.
3. The method of Claim 1, and further including the step of initiating direct communication between the charterer and the owner whose vessel has been selected by the charterer.
4. The method of Claim 4, wherein the direct communication is established by e-mail.
5. A method for providing an interface between charterers and ship owners, comprising: receiving from a charterer an electronic description of cargo to be transported, its destination and location; receiving from a ship owner an electronic description of a ship for transporting cargo; processing the electronic descriptions to match the cargo with available ships; transmitting from the ship owner to the charterer an offer to transport the cargo; and communicating acceptance ofthe offer from the charterer to the to the ship owner.
6. The method of claim 5, wherein the cargo description is designated as public, the method further comprising: communicating the cargo description to a plurality of ship owners.
7. The method of claim 5, wherein the cargo description is designated as private, the method further comprising: communicating the cargo description to a designated ship owner.
8. The method of claim 5 , wherein the cargo description includes at least one of a cargo quantity, a cargo type, a cargo load, a discharge requirement, a number of laydays, an indication of whether the cargo is public or private, a name ofthe charterer, and a loading region for the cargo.
9. The method of claim 5, wherein the ship description includes at least one of: a ship name, a ship identification, a name ofthe ship owner, a deadweight, an overall length, a beam, a draft, a distance from a keel to a top of a mast, a cubic capacity, a hull type, an age, a flag, a classification society, a usual cargo, and a current ship position.
10. The method of claim 5,wherein the offer includes: a rate for transporting the cargo.
11. The method of claim 5, wherein the communicating step further comprises: communicating the offer to the charterer via an electronic mail message.
12. The method of claim 5, further comprising: receiving a modification ofthe offer from the charterer; and communicating the modification to the ship owner.
13. The method of claim 5, further comprising: receiving a charter party contract including at least one term ofthe offer; and storing the charter party contract in a memory.
14. The method of claim 5, further comprising: receiving from the ship owner an update to the ship description.
15. The method of claim 5 , further comprising: receiving from the charterer an update to the cargo description.
16. The method of claim 5 , further comprising: charging a fee to at least one of: the charterer and the ship owner.
17. The method of claim 16, wherein the fee is a subscription fee.
18. The method of claim 16, wherein the fee is based on an amount of a charter party contract.
19. A computer-readable medium encoded with processing instructions for implementing a method, performed by a computer, for providing an interface between charterers and ship owners, the method comprising: receiving from a charterer a description of cargo to be transported; receiving from a ship owner a description of a ship for transporting cargo; receiving from the ship owner an offer to transport the cargo; and communicating the offer to the charterer.
20. • An apparatus for providing an interface between charterers and ship owners, comprising: means for receiving from a charterer a description of cargo to be transported; means for receiving from a ship owner a description of a ship for transporting cargo; means for receiving from the ship owner an offer to transport the cargo; and means for communicating the offer to the charterer.
21. An apparatus for providing an interface between charterers and ship owners, comprising: a processor; and a memory encoded with processing instructions for allowing the processor to: receive from a charterer a description of cargo to be transported; receive from a ship owner a description of a ship for transporting cargo; receive from the ship owner an offer to transport the cargo; and communicate the offer to the charterer.
22. A method for submitting a cargo description for bidding by a ship owner, comprising: transmitting a cargo description to a network site; transmitting an indication that the cargo description is one of: public and private; and receiving an offer from a ship owner for transporting the cargo.
23. The method of claim 22, further comprising: receiving a ship description with each received offer.
24. The method of claim 22, further comprising: transmitting a modification ofthe offer.
25. The method of claim 22, further comprising: accepting the offer, wherein at least one term ofthe offer is incorporated into a charter party contract.
26. The method of claim 22, wherein the cargo description is private, the method further comprising: searching a ship database; selecting a ship having a ship owner based on a ship description; and transmitting, to the ship owner, a request for offer corresponding to the cargo description.
27. The method of claim 22, further comprising: paying a fee to an operator ofthe network site.
28. The method of claim 27, wherein the fee is based on at least one of: a subscription rate, a number of completed transactions, and a percentage of a charter party contract.
29. A method for bidding on a cargo description comprising: transmitting a ship description to a network site; searching a cargo database having a public cargo description; selecting the cargo description; and transmitting an offer to transport a cargo corresponding to the cargo description, the offer including at least one contract provision and an indication ofthe ship description.
30. The method of claim 29, further comprising: receiving an acceptance ofthe offer, wherein a charter party contract is created which incorporates at least one term ofthe offer.
31. The method of claim 29, further comprising: receiving a modification ofthe offer.
32. The method of claim 29, further comprising: paying a fee to the network site.
33. The method of claim 29, further comprising: paying a fee to an operator ofthe network site.
34. The method of claim 33, wherein the fee is based on at least one of: a subscription rate, a number of completed transactions, and a percentage of a charter party contract.
35. A method for bidding on a cargo description comprising: transmitting a ship description to a network site; receiving a private cargo description from a charterer and a request for offer, based on the ship description; and transmitting an offer to transport a cargo corresponding to the private cargo description, the offer including at least one contract provision.
36. The method of claim 35, further comprising: receiving an acceptance ofthe offer, wherein a charter party contract is created which incorporates at least one ofthe contract provisions.
37. The method of claim 35 , further comprising : receiving a modification ofthe offer.
38. The method of claim 37 , further comprising : paying a fee to an operator ofthe network site.
39. The method of claim 37, wherein the fee is based on at least one of: a subscription rate, a number of completed transactions, and a percentage of a charter party contract.
40. A brokerless method for permitting arrangement of cargo transportation between a charterer and a ship owner, comprising the steps of: providing a network site for receiving and storing information from both the charterer and the ship owner relating to the arrangement for cargo transport, and, processing the received information and providing to the charterer a listing of ships which fit the criteria established by the charterer from the information supplied by the ship owner.
41. The method of Claim 40, wherein the information is provided on forms.
42. The method of Claim 40, wherein the processing step includes a matching step in which criteria from the charterer is matched with ship description and availability.
43. The method of Claim 40, and further including the step of initiating direct communication between the charterer and the ship owner whose ship fits the criteria established by the charterer.
44. The method of Claim 40, wherein the direct communication is established by e-mail.
45. The method of Claim 44, and further including the step of providing the ship owner with an on-screen display ofthe standard terms used by the charterer, thus to enable more rapid agreement between the charterer and the ship owner.
46. The method of Claim 44, and further including the step of memorializing the agreement between the ship owner and the charterer in the form of a fixture.
47. The method of Claim 46, and further including the step of automatically generating a Charter Party Contract based on the fixture.
48. The method of Claim 46, and further including the payment of a commission to the owner ofthe network site.
49. The method of Claim 40, wherein the network is the Internet.
50. The method of Claim 40, wherein the network is a private network.
51. The method of Claim 40, and further including a central database accessible by the charterer and the ship owner and maintained at the network site.
52. The method of Claim 51 , wherein the database includes ship description and position.
53. The method of Claim 51, wherein the database includes fixtures which are authorized by charterer and owners to be placed in the database.
54. The method of Claim 51, wherein the database includes co-loading cargo information.
55. The method of claim 51, wherein the database includes information relating to financing.
56. A method of brokerless arrangement for the shipment of cargoes, comprising providing for direct negotiations between a charterer and a ship owner by making information concerning the charter directly available to both the charterer and the ship owner without the use of a broker.
57. The method of Claim 56, wherein the information for the direct negotiation is provided over the Internet.
58. The method of Claim 56, wherein the information for the direct negotiation is provided over a private network to which brokers have no access.
PCT/US2001/001878 2000-03-07 2001-01-19 Internet system for exchanging and organizing vessel transport information WO2001067337A1 (en)

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Cited By (3)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US7752142B2 (en) 2000-10-10 2010-07-06 Inttra, Inc. Common carrier system
WO2011041877A1 (en) * 2009-10-07 2011-04-14 Ccs Corporation Method and system for brokering industrial service contracts
WO2014210550A3 (en) * 2013-06-28 2015-11-05 10-4 Systems, Inc. Freight shipment booking system

Citations (3)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US5978771A (en) * 1996-08-08 1999-11-02 Vandivier, Iii; John Carl Method for tracking natural resources in a resource allocation system
WO2000048054A2 (en) * 1999-02-09 2000-08-17 Elite Logistics Services, Inc. Logistics system and method
US6161097A (en) * 1997-08-11 2000-12-12 The United Sates Of America As Represented By The Administrator Of The National Aeronautics And Space Administration Automated traffic management system and method

Patent Citations (3)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US5978771A (en) * 1996-08-08 1999-11-02 Vandivier, Iii; John Carl Method for tracking natural resources in a resource allocation system
US6161097A (en) * 1997-08-11 2000-12-12 The United Sates Of America As Represented By The Administrator Of The National Aeronautics And Space Administration Automated traffic management system and method
WO2000048054A2 (en) * 1999-02-09 2000-08-17 Elite Logistics Services, Inc. Logistics system and method

Non-Patent Citations (3)

* Cited by examiner, † Cited by third party
Title
INTERNET SHIPBROKERS: AN E-SHIPPING WEBSITE, pages 1 - 4, XP002940140, Retrieved from the Internet <URL:http://www.virtualchartering.com/> [retrieved on 20010312] *
SEA LOGISTICS, pages 1 - 3, XP002940143, Retrieved from the Internet <URL:http://www.sealogistics.com/> [retrieved on 20010312] *
See also references of EP1281138A4 *

Cited By (6)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
US7752142B2 (en) 2000-10-10 2010-07-06 Inttra, Inc. Common carrier system
US7756794B2 (en) 2000-10-10 2010-07-13 Inttra, Inc. Common carrier system
US7761387B2 (en) 2000-10-10 2010-07-20 Inttra, Inc. Common carrier system
US7827119B2 (en) 2000-10-10 2010-11-02 Inttra, Inc. Common carrier system
WO2011041877A1 (en) * 2009-10-07 2011-04-14 Ccs Corporation Method and system for brokering industrial service contracts
WO2014210550A3 (en) * 2013-06-28 2015-11-05 10-4 Systems, Inc. Freight shipment booking system

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WO2001067337A9 (en) 2002-10-31
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