220
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.
11. This Agreement is conditional upon the vessel being registered and placed at the disposal of the Charterer at Singapore as aforesaid within two calendar months from the date hereof and if from any cause whatsoever this condition shall not be fulfilled then either of the parties shall be at liberty to rescind this Agree- ment by giving notice thereof in writing to the other party within fifteen days after the expiry of the said two calendar months but such rescission shall not entitle either of the parties to any compensation or damages whatsoever against the other party.
12. Any difference whatsoever at any time arising between the Admiralty and the Charterer shall be referred to the sole arbitration in England of William Walton of Donnington Holt Newbury Esquire or if he be dead or unable or unwilling to act then a sole arbitrator to be nominated by the Chairman of Lloyd's for the time being. The arbitrator shall have power to call for receive and act upon any evidence or information (whether oral or documentary and whether legally admissible as evidence or not) which he may consider necessary or relevant and in conducting the arbitration and making his award shall not be bound to follow the Save as aforesaid the provisions as to strict rules of procedure or evidence. arbitration for the time being in force shall apply.
On behalf and by authority of The Straits Steamship Company Limited,
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.
221
In the event of general average, this is to be adjusted in London on the basis of British law, supplemented by York-Antwerp Rules, 1890.
5. The date of reimbursement to us and the amount of our commission, not exceeding 5 per cent. on the disbursements, to be determined by the Oversea Prize Disposal Committee as they may think reasonable having regard to all the circumstances in the case.
We are, &c., FEDERAL STEAM NAVIGATION COMPANY, LIMITED,
ALLAN HUGHES,
Chairman.
The Secretary,
Admiralty, S.W.
613
No. 4 (a). (1)
PUBLIC RECORD OFFICE
Reference :-
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C.O. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH NOT TO
Witness
H. J. JOHNSON
487
SIR,
101 Leadenhall Street E.C.
Solicitor.
No. 3.
FEDERAL STEAM NAVIGATION COMPANY, LIMITED, to ADMIRALTY.
2, Fenchurch Avenue, London, E.C., 24th March, 1915.
3.8. "Hamm."
D. K. SOMERVILLE,
Managing Director.
SIR,
THE FEDERAL STEAM NAVIGATION COMPANY, LIMITED, to ADMIRALTY.
2, Fenchurch Avenue, London, E.C., 24th March, 1915.
8.8. "Birkenfels."
Now lying at Cape Town with 11,320 weight and measurement
tons Australia cargo on board.
WE beg to confirm the terms on which we are moving this vessel and her cargo from Capetown to her ports of destination in Australia, namely, Fremantle, Adelaide, Melbourne, Sydney, and Brisbane, on the basis of the reimbursement to us by you of the actual expenditure incurred, which is to be kept as low as reasonably possible, plus a remuneration for our trouble and advancing funds, namely:-
1.
We are to pay the charges already incurred at Capetown so as to obtain the release of the vessel and cargo, and we are also to provide and pay the crew, also to pay for coal and stores, and the expenses in respect of port charges, stevedoring, etc., in Australia.
2. We are also to insure the steamer for £54,000, as well as other liabilities
in respect of her, on the terms shown in the attached pro forma policies.
of
We are also to insure the disbursements but to effect no insurance in respect cargo.
3. We are to deliver the cargo to the Commonwealth Government or their order, the obtaining of security from the cargo in respect of the expenses incurred, and the cost of forwarding any transhipment cargo there may be to final destination, to be dealt with by the Commonwealth Government.
On final discharge of cargo the steamer to be delivered to the Admiralty.
4. It is understood that, having effected the insurance above referred to, we are to incur no liability whatever in respect of ship or cargo or otherwise, whether in respect of the terms of the original bills of lading or otherwise, and the Government to, indemnify us in these respects, except so far as liability may arise against the ship in respect of a right of the cargo to contribution in general average for any accident which may occur after delivery of the property has been made to us at Capetown.
Now lying at Cape Town with cargo for Australian and Java ports on board.
We offer to move this vessel and her cargo from Cape Town to her ports of destination in Australia, namely, Fremantle, Adelaide, and Sydney, leaving in abeyance for consideration later on the question of how the cargo for Java shall be dealt with on arrival in Australia.
The basis of our offer is the reimbursement to us by you of the actual expendi- ture incurred, which is to be kept as low as reasonably possible, plus a remunera- tion for our trouble, and advancing funds on the following terms, namely:-
1. We are to pay the charges already incurred at Cape Town so as to obtain the release of the vessel and cargo, and we are also to provide and pay the crew, also to pay for coal and stores, and the expenses in respect of port charges, steve- doring, etc., in Australia.
2. We are also to insure the steamer for £73,850, as well as other liabilities.
in respect of her on the terms shown in the attached pro forma policies.*
of
We are also to insure the disbursements but to effect no insurance in respect cargo.
3. We are to deliver the cargo to the Commonwealth Government or their order, the obtaining of security from the cargo in respect of the expenses incurred, and the cost of forwarding any transhipment cargo there may be to final destination, to be dealt with by the Commonwealth Government.
On final discharge of cargo the steamer to be delivered to the Admiralty.
4. It is understood that, having effected the insurances above referred to, we are to incur no liability whatever in respect of ship or cargo or otherwise, whether in respect of the terms of the original bills of lading or otherwise, and the Govern- ment to indemnify us in these respects, except so far as liability may arise against the ship in respect of a right of the cargo to contribution in general average for any accident which may occur after delivery of the property has been made to us at Cape Town.
In the event of general average this is to be adjusted in London on the basis of British law, supplemented by York-Antwerp Rules, 1890.
5. The date of reimbursement to us and the amount of our commission, not exceeding 5 per cent, on the disbursements, to be determined by the Oversea Prize Disposal Committee as they may think reasonable, having regard to all the circum-
stances of the case.
We are, &c., FEDERAL STEAM NAVIGATION
COMPANY, LIMITED,
ALLAN HUGHES,
Chairman.
The Secretary,
Admiralty, S.W.
* Not printed.
222
513
APPENDIX B. AGREEMENTS AND CHARTER PARTIES.
(2)