SPECIAL CIRCULAR
No.622December2011
161 Bagsvaerdvej
DK - 2880 Bagsvaerd
Tel: +45 4436 6800
Fax: +45 4436 6868
Email: mailbox@[Link]
Web: [Link]
BIMCORecommendedwordingforNAABSA
NotAlwaysAfloatButSafelyAground
Background
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fromcharterpartyprovisionspermittingthevesseltobeagroundisanymeasuretoverifythatthebottomis
clearof obstructionsor any protectionforthe ownerin termsof damage arising as aresult ofagreeing tolie
aground. NAABSAis a riskassumedbyownersandthisnewstandardwording isdesignedto be protectiveof
theirinterestswhenagreeingtocharterersrequeststolieaground.
Although some older BIMCO charter parties contain NAABSA provisions, they generally form part of the
berthing clause and are commonly rather limited in scope. The Secretariat has received over the years
numerousrequestsfromMembersforsomeformofstandardwordingtoaddtocharterpartieswhenagreeing
thatthevesselcanloadordischargewhilesafelyaground.In2010theDocumentaryCommitteeagreedtothe
developmentofarecommendedwordingtocoverthisactivity.
It is important to note that the Recommended NAABSA Wording is not a freestanding clause; it is additional
wording to be added to berthing provisions in charter parties. The reason for this approach is simply that
NAABSAwordings are morecommonlyfound as anintegralpartofthe berthingprovisions ofcharter parties,
ratherthanasafreestandingclause.
The NAABSA wording is meant tobe a starting point for negotiations and shouldbe used only when NAABSA
has been agreed by the owners. Should the owners have any reservations as to where they would accept
NAABSA,i.e.,particularportsandplaces,theyshouldensurethatsuchreservationsareincorporatedintotheir
charterparty.
The NAABSA Recommended Wording was adopted by BIMCOs Documentary Committee at its meeting in
CopenhageninNovember2011.
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Explanatorynotes
ThefollowingexplanatorynotesprovidesomebackgroundtothethinkingbehindtheNAABSAWording:
The first paragraph of the NAABSA wording gives the charterers the right to request the vessel to lie safely
aground for the purposes of loading and/or discharging operations. The request is subject to the owners
approval and is based on customary practice for that berth or place in terms of vessels of a similar type, size
andconstructionlyingaground.
The final part of the first paragraph adds an important qualification in relation to the scope of the owners
approval. To address owners concerns about accepting on face value reports of the condition of the seabed
adjacent to the safe berth or safe place as being free of obstructions, an obligation has been put on the
chartererstoconfirminwritingthatvesselsusingthatparticularberthorplacewilllieonasoftbedandthat
vessels can lie safely aground, i.e. without suffering damage. This wording supplements the term customary
for vessels of similar size, construction and type and it is felt by BIMCO that if the above confirmation is
obtained, this should be sufficient to satisfy the owners that the charterers have carried out proper
investigationsastothesafetyofthevesselwhenlyingagroundattheberthorplace.
In the second paragraph, if the owners agree that the vessel can lie safely aground at a particular berth or
place,thecharterersarerequiredtoindemnifythemforanyloss,damage,costs,expensesorlossoftimethat
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and time of an underwater survey to check for damage, if so required by the owners classification society.
Most classification societies oblige shipowners as a matter of practice to inform class on each occasion when
thevesselisexpectedtoliesafelyagroundforthepurposesofloadingand/[Link]
that the costs and time for underwater inspections are ONLY for the charterers account if the owners
classificationsocietyhasspecificallyrequestedsuchaninspectionfollowinganagreedgroundingitisnotthe
intentionthattheownersshouldbeabletopassonthecostsofanyunderwaterinspectionssolelyonthebasis
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thentheywillneedtoreachanagreementwiththechartererswhentheyfixthecharterparty.
Availability
The NAABSA Recommended Wording is available to download free of charge from BIMCOs website at
[Link].
ThefulltextoftheRecommendedNAABSACharterPartyWordingfollows:
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RecommendedNAABSACharterPartyWording
Note:Thiswordingtobeaddedtotheexistingberthingprovisionsincharterparties
Always subject to the Owners approval, which is not to be unreasonably withheld, the Vessel during loading
and/ordischarging may lie safely aground at any safe berth or safe place where it is customary for vessels of
similarsize,constructionandtypetolie,ifsorequestedbytheCharterers,providedalwaysthattheCharterers
have confirmed in writing that vessels using the berth or place will lie on a soft bed and can do so without
sufferingdamage.
TheCharterersshallindemnifytheOwnersforanyloss,damage,costs,expensesorlossoftime,includingany
underwater inspection required by class, caused as a consequence of the Vessel lying aground at the
Charterersrequest.
GrantHunter
BIMCOChiefDocumentaryAffairsOfficer
December2012
Email:documentary@[Link]
