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1、First published 1988. Revised 1998 and 2009.SHIPMAN 2009STANDARD SHIP MANAGEMENT AGREEMENTPART I1. Place and date of Agreement协议签署地点和日期2. Date of commencement of Agreement (Cls.2, 12, 21 and 25)协议生效日期3. Owners (name, place of registered office and law of registry)(Cl.1)4. Managers (name, place of re
2、gistered office and law of registry)(Cl.1)(i) Name: (i) Name: (ii) Place of registered office:(ii) Place of registered office:(iii) Law of registry: (iii) Law of registry: 5. The Company (with reference to the ISM/ISPS Codes)(State name and IMO Unique Company Identification number. If the Company is
3、 a third party then also state registered office and principal place of business)(Cls.1 and 9(c)(i)6. Technical Management (state “yes” or “no” as agreed)(Cl.4)技术管理(i) Name: 7. Crew Management (state “yes” or “no” as agreed)(Cl.5(a)船员管理(ii) IMO Unique Company Identification number: (iii) Place of re
4、gistered office: 8. Commercial Management (state “yes” or “no” as agreed)(Cl.6)商业管理(iv) Principal place of business:9. Chartering Services period (only to be filled in if “yes stated in Box 8)租船服务期限10. Crew Insurance arrangements (state “yes” or “no” as agreed)船员保险安排(i) Crew Insurances* (Cl.5(b):(ii
5、) Insurance for persons proceeding to sea onboard (Cl.5(b)(i):*only to apply if Crew Management (Cl.5(a) agreed (see Box 7)11. Insurance arrangement (state “yes” or “no” as agreed)(Cl.7)保险安排12. Optional insurances (state optional insurance(s) as agreed, such as piracy, kidnap and ransom, loss of hir
6、e and FD & D)(CL. 10(a)(iv)可选保险(海盗,绑架和赎金,租金损失和抗辩责任险)13. Interest (state rate of interest to apply after due date to outstanding sums) (Cl. 9(a)利息(到期未偿款地法定利率)14. Annual management fee (state annual amount)(Cl. 12 (a)Copyright, published by BIMCO, Copenhagen15. Managers nominated account (Cl. 12(a)16.
7、 Daily rate (state rate for days in excess of those agreed in budget)(Cl. 12(c)17. Lay-up period / number of months (Cl.12(d)18. Number of months termination period (Cl. 21(a)19. Management fee on termination (state number of months to apply)(Cl. 22(g)20. Severance Costs (State maximum amount)(Cl.22
8、 (h)(ii)遣散费21. Dispute Resolution (state alternative Cl. 23(a), 23(b) or 23(c); if Cl. 23(c) place of arbitration must be stated)(Cl. 23)争议解决continued(continued)22. Notice (state full style contact details for serving notice and communication to the Owners)(Cl. 24)23. Notice (state full style contac
9、t details for serving notice and communication to the Managers)(Cl. 24)It is mutually agreed between the party stated in Box 3 and the party stated in Box 4 that this Agreement consisting of PART l and PART ll as well as Annexes “A” (Details of Vessel or Vessels), “B” (Details of Crew), “C” (Budget)
10、, “D” (Associated Vessels) and “E” (Fee Schedule) attached hereto, shall be performed subject to the conditions contained herein. In the event of a conflict of conditions, the provisions of PART l and Annexes “A”, “B”, “C”, “D” and “E” shall prevail over those of PART ll to the extent of such confli
11、ct but no further.(当发生冲突时,PATE 1和附件A-E地条款优先于PART II)Signature(s) (Owner)Signature(s) (Managers)PART IISHIPMAN 2009Standard ship management agreementSECTION 1 Basis of the Agreement1. DefinitionsIn this Agreement save where the context otherwise requires, the following words and expressions shall hav
12、e the meanings hereby assigned to them:在本协议中,除文义另有所指外,下列词汇及词语具有本文所赋予地含义“Company” (with reference to the ISM Code and the ISPS Code) means the organization identified in Box 5 or any replacement organization appointed by the Owners from time to time (see Sub-clauses 9(b)(i) or 9(c)(ii), whichever is
13、applicable).“Crew” means the personnel of the numbers, rank and nationality specified in Annex “B” hereto.“Crew Insurances” means insurance of liabilities in respect of crew risks which shall include but not be limited to death, permanent disability, sickness, injury, repatriation, shipwreck unemplo
14、yment indemnity and loss of personal effects (see Sub-clause 5(b) (Crew Insurances) and Clause 7 (Insurance Arrangements) and Clause 10 (Insurance Policies) and Boxes 10 and 11).“船员保险”意味着船员地风险,包括但不限于：死亡、永久伤残、疾病、伤害、遣返、船舶灭失补偿和个人财务损失等“Crew Support Costs” means all expenses of a general nature which are
15、 not particularly referable to any individual vessel for the time being managed by the Managers and which are incurred by the Managers for the purpose of providing an efficient and economic management service and, without prejudice to the generality of the foregoing, shall include the cost of crew standby pay, training schemes for officers and ratings, cadet training schemes, sick pay, study pay, recruitment and interviews.船员支持费用指管理人就提供高效率及合乎经济原则地管理服务而引致地所有一般开支,但未能清楚分摊至管理人当时所管理地任何个别船舶.在不损害前述规定地一般性地原则下,有关开支包括候命船员薪金、高级船员和普通船员培训计划、见习船员培训计划、病假薪金、进修假期薪金、招聘及面试成本“Flag State” means t
