i-law

Law of Tug and Tow and Offshore Contracts, The

Law of Tug and Tow and Offshore Contracts, 5th edition (c) 2026

Page 889

Appendix 9

Windtime1

A page labeled Appendix 9 titled “Windtime*,” showing Part I of the BIMCO Windtime Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party. The form includes fields for contract details such as place and date, owners and charterers’ addresses, vessel name and IMO number, ports of delivery and redelivery, period of hire, mobilisation and demobilisation charges, late delivery and liquidated damages, accommodation and meals, weather surveys, area of operation, and specialist operations. The BIMCO logo appears at the top left, and explanatory notes are referenced from the BIMCO website.

Page 890

A legal document titled Appendix 9, Part I, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party. The form contains numbered boxes from 22 to 40 for specifying terms. These include charter hire rates, payment details, limitation of liability, war cancellation, early termination, communication with owners and charterers, and dispute resolution. An agreement paragraph is followed by two blank signature boxes, one for the Owners and one for the Charterers. A disclaimer from BIMCO is at the bottom.

Page 891

A document titled Annex A, Vessel Specification, from the BIMCO Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, code name WINDTIME. The form has sections for providing information. Section 1, General, requests details like owner and vessel name. Section 2, Performance, asks for bollard push, speed, and fuel consumption. Section 3, Dimensions and Capacities, covers metrics like L.O.A., deadweight, cargo area, and maximum passengers. A heading for Section 4, Machinery, is also visible.

Page 892

A document titled Appendix 9, Annex ’A’, which is a form for detailing a vessel’s specifications. The first section requests information on main engines, generators, thrusters, and propellers. Section 5, ’Radio and Navigation Equipment,’ covers communications gear like Satcom and VHF, along with navigation aids such as Radar and Autopilot. Section 6, ’Additional Equipment,’ lists items including a joystick, access system, fuel supply pump, and crane. The form provides blank spaces for these details to be filled in.

Page 893

A legal document, Annex B of Appendix 6, from the BIMCO Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, code-named WINDTIME. The document outlines insurance policies to be procured by the owners. The required policies are: Marine Hull Insurance, Protection and Indemnity or Marine Liability Insurance, General Third Party Liability Insurance, Workmen’s Compensation and Employer’s liability Insurance for Employees, and other agreed-upon insurances.

Page 894

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party. The page begins with a Definitions section for terms like Banking Day, Charterers, and Vessel. This is followed by Clause 1, Charter Period, which outlines the vessel hire duration and extension options. Clause 2, Delivery, details the conditions for vessel delivery, mobilisation charges, and the charterers’ right to cancel the contract if the vessel is not delivered by a specified date.

Page 895

A legal document titled Appendix 6, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 43 to 90. The page details terms for cancellation and late delivery in sub-clauses d, e, and f. It also contains Clause 3 on redelivery and demobilisation, Clause 4 on the condition of the vessel at delivery and during operation, and Clause 5, which outlines the rules for structural alterations and adding equipment.

Page 896

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 91 to 138. The page includes Clause 6, Vessel Audit and Survey, which outlines procedures for HSQE audits and in-water surveys. Clause 7, Employment and Area of Operation, details the vessel’s lawful employment, required permissions, and use of space. This clause also specifies what may be carried, including persons other than crew members, lawful cargo, and explosives or dangerous goods under specific conditions.

Page 897

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 139 to 186. The page focuses on Clause 8, Master and Crew. This clause outlines working hours, including provisions for excess hours, rules regarding cargo documents, and specific crew tasks such as handling hoses and cargo. It also details vessel operation, affirming the master’s exclusive control over the vessel’s navigation and management.

Page 898

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 187 to 236. The text contains Clause 9 on the conduct of personnel aboard the vessel. Clause 10, Owners to Provide, lists the owners’ responsibilities, including wages, insurance, and vessel maintenance. Clause 11, Charterers to Provide, outlines the charterers’ obligations, such as paying for fuel, water, port charges, and loading equipment.

Page 899

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 237 to 284. The text details charterers’ responsibilities for customs, visas, and contraband. Clause 12, Bunkers, outlines rules for the purchase price, supply, and liability for the vessel’s fuel. Clause 13, the BIMCO ISPS/MTSA Clause for Time Charter Parties, states the owners’ obligations to comply with international and United States maritime security codes, including the ISPS Code and the MTSA.

Page 900

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 285 to 332. The text outlines responsibilities for security compliance under the ISPS Code/MTSA. The main section is Clause 14, Hire and Payments, which details financial terms. This clause includes sub-sections on Hire, covering payment rates for the vessel, Extension Hire for extending the charter period, Adjustment of Hire for rate changes, and Invoicing procedures for issuing payments.

Page 901

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 333 to 381. The text outlines payment procedures, interest on late payments, and the handling of disputed invoices. It details the owners’ rights in case of non-payment, including suspending obligations and withdrawing the vessel. An“Audit” clause grants charterers the right to appoint an accountant to verify charges. The page concludes with the beginning of Clause 15,“Off hire”.

Page 902

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 382 to 428. The text specifies conditions where vessel hire is not payable due to deficiency or breakdown, but lists exceptions such as quarantine or detention. It also includes clauses on Liability for Vessel not Working, which limits the owners’ liability, and Maintenance, which details a maintenance allowance. A final clause addresses financial arrangements if the vessel must deviate from its voyage.

Page 903

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 429 to 479. The text is from Clause 16, Liabilities and Indemnities. This clause outlines a“Knock for Knock” agreement where the Owners and Charterers each indemnify the other for losses to their respective groups. It also includes sections on Consequential Damages, stating neither party is liable for indirect losses like loss of profit, and a Limitations section referencing other clauses.

Page 904

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 480 to 529. A list of clauses covers liabilities, payments, pollution, and claims. The main text includes sub-clauses for Mutual Exclusion, a Himalaya Clause extending contract benefits to subcontractors and employees, and a Toxic or Noxious Substances clause assigning liability to the charterers. The page concludes with the heading for Clause 17, Pollution.

Page 905

A legal document titled Appendix 6, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 530 to 579. The text covers pollution liability and introduces three main clauses. Clause 18, Wreck Removal, details the owners’ liability for removing the vessel if it becomes a wreck. Clause 19, Insurance, outlines requirements for insurance policies and co-insurance. Clause 20, Saving of Life and Salvage, describes conditions under which the vessel may deviate to save lives or attempt salvage.

Page 906

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 580 to 628. The text details the division of salvage money and the owners’ waiver of salvage claims. A series of sub-clauses outline the charterers’ liabilities, including indemnification, responsibility for pollution, and costs for assistance. Clause 21, Lien and Claims, prohibits the charterers from allowing liens against the vessel. Clause 22, Sublet and Assignment, gives the charterers the option to sublet or assign the vessel with the owners’ approval.

Page 907

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 629 to 676. Clause 23 allows owners to provide a substitute vessel. The main section is Clause 24, the BIMCO War Risks Clause, which defines war risks such as piracy and terrorism. It states the vessel is not obligated to enter dangerous areas and outlines the charterers’ financial responsibilities for additional insurance and crew bonuses if it does.

Page 908

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 677 to 722. The text outlines the vessel’s liberties, including the right to comply with government orders, insurance requirements, and to divert for safety. It also includes Clause 25, War Cancellation, which allows for contract termination upon the outbreak of war. Clause 26, the BIMCO Ice Clause for Time Charter Parties, details the vessel’s obligations and limitations regarding operations in icebound ports or areas.

Page 909

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 723 to 769. The page details several clauses, including Health and Safety and the Environment, Compliance with Laws and Regulations, Drugs and Alcohol Policy, and Taxes. The main section is Clause 31, Early Termination, which outlines conditions for ending the charter. This includes termination for the charterers’ convenience and for cause, which covers events such as government requisition or confiscation of the vessel.

Page 910

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 770 to 817. The text outlines conditions for terminating the charter agreement. These conditions include sub-clauses on Bankruptcy, Loss of Vessel, Force Majeure, and failure to procure insurance. The document also includes Clause c on Default, which allows for termination due to a breach of contract, and Clause d on Off hire, which details scenarios of non-performance by the owners.

Page 911

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 818 to 854. The text contains Clause 32, Force Majeure, which lists conditions that excuse a party from liability, including acts of God, war, epidemics, and strikes. Clause 33, Confidentiality, states that all information is confidential but lists exceptions, such as information already in the public domain, disclosures compelled by law, or requests from regulatory authorities.

Page 912

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 855 to 900. The page details Clause 34, the BIMCO Dispute Resolution Clause 2013. It outlines three sub-clauses for governing law and arbitration. Sub-clause (a) specifies English law with arbitration in London under LMAA terms. Sub-clause (b) specifies United States law with arbitration in New York for non-contractual issues. Sub-clause (c) presents an option for the contract to be governed by either Singaporean or English law.

Page 913

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 901 to 948. This section outlines procedures for dispute resolution. It specifies that disputes will be resolved by arbitration in Singapore under the rules of the Singapore Chamber of Maritime Arbitration (SCMA). The text details the process for appointing arbitrators and notes a separate procedure for small claims. The document also introduces an option for mediation, explaining how to initiate the process and appoint a mediator.

Page 914

A legal document titled Appendix 9, Part II, WINDTIME Standard Offshore Wind Farm Personnel Transfer and Support Vessel Charter Party, with lines 949 to 984. The text details mediation procedures, cost allocation, and confidentiality. It includes several key clauses: Clause 35, Notices, for official communication; Clause 36, Severance, on the validity of the contract if a part is deemed illegal; Clause 37, Entire Agreement, stating this document supersedes all previous ones; Clause 38, Headings, clarifying their purpose; and Clause 39, Singular/Plural, for grammatical interpretation.