232
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES
105
TTI
PUBLIC RECORD OFFICE
سليسا
C.O.
Reference :-
885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
(7) In no case shall the freight on the aforesaid timber under the terms of this letter be less than 35s. per load.
(8) It is understood that, in order to provide the funds necessary for the dis- bursements of the vessels, we shall from time to time make advances on account of freight (subject to the deduction for interest and insurance stipulated in the charters), the money being provided in London or at other ports as and when required by you. In the event of the disbursements on any voyage being in excess of the amount which you can call upon us to advance under the charter-party for that voyage, it is understood that we shall, if and when required by you, advances up to the full amount of the disbursements.
make
you
(9) If hostilities shall cease before the completion of the before-mentioned charters it is agreed that you, acting on behalf of the Lords Commissioners of the Admiralty, shall on or at any time after such cessation have the option of cancelling the charter-parties, but such cancelment shall not apply to any voyage for either vessel unless notice is received by us twenty-one days before which shall be the date on which the commencement of the voyage,
in the is due
coal for
question vessel
take in the
voyage at Durban or at her last coaling port in Australia, as the case may be. It is also agreed that your decision, on behalf of the Lords Commissioners of the Admiralty, as to the date of the cessation of hostilities, shall be final, and shall not be questioned by us in any court of law or by any reference to arbitration or otherwise.
2314
to
Yours truly, MILLARS' TIMBER AND TRADING COMPANY, LIMITED,
JOSEPH TEMPERLEY, Joint Managing Director.
We confirm the above.
FEDERAL STEAM NAVIGATION COMPANY, LIMITED,
ALLAN HUGHES,
Chairman.
No. 2,
MILLARS' TIMBER AND TRADING COMPANY, LIMITED, to THE FEDERAL STEAM NAVIGATION COMPANY, LIMITED.
DEAR SIRS,
Pinners' Hall, London, E.C., 17th March, 1916.
K Ꭶ... Apolda" (Fifth Voyage).
IT is hereby agreed that the charter-party for this steamer, dated 19th November, 1915, is in substitution of and cancels the agreement of 19th November, 1915, signed by Millars' Timber and Trading Company, Limited, and by the Federal Steam Navigation Company, Limited.
Yours truly,
MILLARS' TIMBER AND TRADING
COMPANY, LIMITED,
JOSEPH TEMPERLEY,
Joint Managing Director.
We confirm the above.
FEDERAL STEAM NAVIGATION COMPANY. LIMITED,
ALLAN HUGHES,
Chairman.
3248
No. 3.
MILLARS' TIMBER AND TRADING COMPANY, LIMITED, to THE FEDERAL STEAM NAVIGATION COMPANY, LIMITED.
Pinners' Hall, London, E.C., 24th October, 1916. Apolda "-Ninth Voyage.
DEAR SIRS,
06
an
IN regard to the attached charter* for this vessel, dated 24th October, 1916, for the carriage of hardwood from Western Australia to South Africa, it is understood that the rates named therein are provisional (being based on estimate of the expense hereinafter set out), and that the amount to be paid in respect of the freight 18 to be the actual expense of running the steamer. This cost is to be ascertained and settled, without appeal on either side, by Messrs. Spain Brothers, Chartered Accountants, and is to be made up on the following basis:-
(1) The "
Apolda" is to be taken over at Durban after the completion of the eighth voyage under charter-party dated 1st March, 1916, and is to be redelivered at Durban after the completion of the voyage provided for in the new charter dated 24th October, 1916.
(2) The Expense Account is to bear all cargo charges paid or payable by you, port charges, coals, wages, provisions, stores, drydocking as may be necessary, upkeeps, and repairs, together with insurance on the hull of the vessel (valued at £75,000), against all risks (except war risks), including full R.D.C., no franchise, protection and indemnity and small damage risks, also employers' liability and workmen's compensation risks, also any insurance on freight at risk; also any general average or other charges on ship and/or freight not recoverable on policies, and all commissions and discounts payable under the charter, and a managing commission to the Federal Steam Navigation Company calculated two-and-a-half per cent. on the total expenses of the voyage and one-and-a-quarter per cent. on the earnings. The said expenses run from time of taking over as above until redelivery as above, and the intention of this clause is that all expenses of whatever kind during the said period shall fall upon the Expense Account.
(3) On the actual expenses of the voyage being ascertained any amount of freight paid in excess of the expenses shall be forthwith returned to us, for the account of the Government of the Union of South Africa, and if freight paid shall be less than the total expenses already paid, we undertake on behalf of that Government to pay over to you the balance.
(4) This vessel has been chartered by us from Western Australia to South Africa for the express purposes of carrying cargo for the Government of the Union of South Africa, and we undertake that no other cargo shall be carried except with your full consent, and in the event of such other cargo being carried it is agreed that the rates of freight on the same shall be the current market rates, but in no case less than the rates named in the charter-party of this date.
(5) Instead of the vessel returning in ballast from South Africa to Western Australia, as provided in Clause 23 of the charter-party, the steamer may, with the consent of the Government of the Union of South Africa, carry return cargo (either part or full) from South Africa to Australia at current market rate, always provided that she shall not be so engaged unless the amount of freight to be earned on the return voyage is estimated to more than cover the additional expense incurred through carrying this return cargo, and further provided that any such freight earned shall be carried to the credit of the Expense Account so as to reduce the amount to be paid by the Government of the Union of South Africa in respect of the freight on the timber, as provided for in this letter.
(6) In no case shall the freight on the aforesaid timber under the terms of this letter be less than 35s. per load.
(7) It is understood that, in order to provide the funds necessary for the dis- bursements of this vessel, we shall from time to time make advances on account of freight, subject to a deduction of £3 38. 4d. per cent. for interest, the money being provided in London or at other ports as and when required by you, and in the event of the disbursements on the voyage being in excess of the amount which you can call upon us to advance under the charter-party for the voyage, it is understood that we shall, if and when required by you, make you advances up to the full amount of the disbursements.
*Not printed here.
106
APPENDIX B.--AGREEMENTS AND CHARTER PARTIES.
loading port. ments are recoverable from them even if the vessel is lost on her passage to against war risk during the complete round voyage so that your and our disburse- you and us for the full amount of any disbursements that may have been made It is understood that the Government of the Union of South Africa indemnify
we may make as above. indemnifying us up to the amount of the insurance money for any advances which You are to effect insurance for the full amount of freight against marine risk
Yours truly,
MILLARS' TIMBER AND TRADING COMPANY, LIMITED,
We confirm the above,
COMPANY. LIMITED,
THE FEDERAL STEAM NAVIGATION
C. F. EDNEY,
Secretary