Shipman2009
SHIPMAN 2009 – EXPLANATORY NOTES
1
Comparison between SHIPMAN 2009 and SHIPMAN 98
The following table sets out a comparison between the text of SHIPMAN 2009 and SHIPMAN 98. The clauses of each agreement are laid out side by side to indicate where provisions from SHIPMAN 98 have been moved as part of the re-structuring of the agreement in SHIPMAN 2009. Notes accompany each clause explaining the reasoning behind any amendments and additions that appear in SHIPMAN 2009.
Part I
A comparison of the Part I box layout of SHIPMAN is not included as the format of Part I remains largely unchanged from SHIPMAN 98. However, there are several notable changes to the box layout:
Box 5 – this is a new and very important box which the parties must take great care to fill in correctly. It deals with the identity of the “Company” under the agreement for ISM/ISPS purposes. (See item on definitions below).
Boxes 10, 11 and 12 – these boxes all deal with insurances under SHIPMAN 2009 and it is essential that users make a careful reading of the agreement to ensure that the proper entries are made in these boxes when optional choices of insurance are made. Box 10 deals with crew insurance s; Box 11 with general insurance arrangements under the agreement; and Box 12 provides for the parties to agree on optional additional insurances such as K&R and F, D&D.
Part II
Sections
For ease of reading, the revised SHIPMAN has been divided into five distinct sections each containing a specific “basket” of common provisions. In keeping with this structure the various optional services under SHIPMAN now appear as separate free-standing clauses within the “Services” section – to make it clear to the owners that they may choose any one or more of the management services offered. The Sections are as follows:
Section 1 – Basis of the Agreement
Section 2 – Services
Section 3 – Obligations
Section 4 – Insurance, Budgets, Income, Expenses and Fees
Section 5 – Legal, General
1
Comparison between SHIPMAN 2009 and SHIPMAN 98
The following table sets out a comparison between the text of SHIPMAN 2009 and SHIPMAN 98. The clauses of each agreement are laid out side by side to indicate where provisions from SHIPMAN 98 have been moved as part of the re-structuring of the agreement in SHIPMAN 2009. Notes accompany each clause explaining the reasoning behind any amendments and additions that appear in SHIPMAN 2009.
Part I
A comparison of the Part I box layout of SHIPMAN is not included as the format of Part I remains largely unchanged from SHIPMAN 98. However, there are several notable changes to the box layout:
Box 5 – this is a new and very important box which the parties must take great care to fill in correctly. It deals with the identity of the “Company” under the agreement for ISM/ISPS purposes. (See item on definitions below).
Boxes 10, 11 and 12 – these boxes all deal with insurances under SHIPMAN 2009 and it is essential that users make a careful reading of the agreement to ensure that the proper entries are made in these boxes when optional choices of insurance are made. Box 10 deals with crew insurance s; Box 11 with general insurance arrangements under the agreement; and Box 12 provides for the parties to agree on optional additional insurances such as K&R and F, D&D.
Part II
Sections
For ease of reading, the revised SHIPMAN has been divided into five distinct sections each containing a specific “basket” of common provisions. In keeping with this structure the various optional services under SHIPMAN now appear as separate free-standing clauses within the “Services” section – to make it clear to the owners that they may choose any one or more of the management services offered. The Sections are as follows:
Section 1 – Basis of the Agreement
Section 2 – Services
Section 3 – Obligations
Section 4 – Insurance, Budgets, Income, Expenses and Fees
Section 5 – Legal, General