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Shipping and Supply Contracts

Anthony Jennings

ISBN13: 9781856097819

Published: December 2018

Publisher: Witherby Seamanship International

Country of Publication: UK

Format: Hardback

Price: £175.00

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Most global cargo transportation is done at sea. The transportation and supply of these cargoes requires numerous contracts with details and terms that vary depending on the product and method of storage and delivery.

This publication is an essential guide to the main provisions of shipping contracts, looking in detail at:-

Legal principles
common drafting problems
transportation services
storage and supply
other shipping and supply arrangements
sale contracts
standard clauses
preliminary and ancillary agreements
interface and conflicts, and non-contractual conflicts.

Subjects:: Contract Law, Shipping, Transport and Maritime Law

Contents:: Preface; Introduction; Chapter 1 General Legal Considerations; 1.1 Legal Principles; 1.2 Contracting Issues; 1.3 Common Drafting Problems; 1.4 Type and Format of Contract; 1.5 The Battle of the Forms; Chapter 2 Transportation Services; 2.1 Marine Transportation; 2.1.1 Contracts of affreightment; 2.1.1.A Discussion; 2.1.1.B Detailed analysis of COA; 2.1.2 The voyage charterparty; 2.1.3 Barging and lightering agreements; 2.1.4 Oil industry vessel service contracts; 2.2 Inland Transportation Agreements; 2.2.1 Road tank wagon contracts; 2.2.2 Rail contracts; 2.3 Aircraft Services; Chapter 3 Storage and Supply; 3.1 Depots and Terminals – Key Issues; 3.2 Terminal Operator’s Licence; 3.3 Dry Bulk Cargo Storage Contracts; 3.4 Fuel Storage Contracts; 3.4.1 Discussion; 3.4.2 Detailed review of typical agreement; 3.5 Terminal Operating Agreements; 3.5.1 Discussion; 3.5.2 Review of typical operating agreement; 3.6 Fuel Supply Service Contracts; 3.6.1 Discussion; 3.6.2 Review of terms; 3.7 Commission Agency Agreement; 3.7.1 Background; 3.7.2 Non-compete considerations; Chapter 4 Other Shipping and Supply Arrangements; 4.1 Joint Ventures and Acquisitions; 4.2 Logistics and Management Services; Chapter 5 Sale Contracts; 5.1 General; 5.2 The Charterparty; 5.3 Types of Contract; 5.4 Review of a Typical CIF Sale Contract; 5.5 Standard and Additional Terms and Spot Terms; 5.5.1 Standard terms of sale; 5.5.2 Spot terms of sale; 5.5.3 Enforceability of standard and spot terms; 5.6 Interface; 5.6.1 Interface between sale contracts and storage agreements; 5.6.2 Interface between sale contracts and terminal regulations; Chapter 6 Standard Clauses; 6.1 Contract Clauses Common to all Shipping and Supply Contracts; 6.2 Boilerplate Clauses; Chapter 7 Preliminary and Ancillary Agreements; 7.1 Tendering; 7.2 Confidentiality Agreements; 7.3 Non-Compete Agreements; 7.4 Consultancy Agreements; 7.4.1 Discussion; 7.4.2 Detailed terms; Chapter 8 Interface and Conflicts; 8.1 Transportation Contracts; 8.1.1 Transportation contracts and storage and supply contracts; 8.1.2 Transportation contracts and sale contracts; 8.1.3 Transportation contracts and terminal regulations; 8.2 Storage and Supply Contracts and Terminal Regulations; 8.3 Joint Venture Contracts and Terminal Regulations; 8.3.1 Interface between joint venture and terminal; 8.3.2 Impact of joint venture agreements on third party use of the terminal; 8.4 Non-Contractual Conflicts; 8.4.1 Vessel detention or arrestment at the terminal; 8.4.2 Restraint orders