This briefing addresses the differences between BPVOY5, issued on February 2016 and BPVOY4, issued in June 1998. BPVOY5 comes into force on 21 March 2016.
As with BPVOY4, BPVOY5 is designed for use by BP as charterers and includes many requirements for owners and the vessel to comply with. There are a considerable number of changes from BPVOY4. Individually many of them are in the form of updates and are not particularly onerous, but it is important that Owners review the charter in detail and make sure that they can comply with the various obligations on them (and also that they know what they are required to do during the service). Exceptions to laytime and demurrage are peppered throughout the charter, and owners should be aware that clause 12 (Laytime / Demurrage Not To Count) is not an exhaustive list.
In section 2, we draw your attention to the most noteworthy changes. A table setting the detail of these along with all of the other changes follows in section 3.
BPVOY 5 contains a far reaching compliance clause (2). The qualification of the safe port warranty (clause 9) is expressed to extend to any part of the charter, presumably including the recap, where it is common to see the arguably absolute warranty “1SP”.
Ship to ship transfers are now expressly allowed and dealt with (clause 13) as is backloading (clause 26). The charter contains a new “Virtual Arrival” scheme, which allows Charterers to order the Vessel to proceed at a certain speed (clause 27).
Electronic Bills of Lading are allowed, transmitted using the ESS-Databridge (clause 30). Blending, commingling and additives have been added to the list of permitted additional cargo operations (clause 31).
The War Risks clause reflects modern practices and other industry standard clauses as regards anti-piracy measures (clause 34).
There is now a confidentiality clause (clause 60).
Table of Changes
Click here to view table.