CO885-24 — Page 276

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

223

1369

No. 4 (b).

PUBLIC RECORD OFFICE

Reference :-

TTTT C.O. 885

ון ים

24 PUBLIC RECORD OFFICE, LONDON

|BE REPRODUCED PHOTOGRAPHIC- ALLY WITHOUT PERMISSION OF THE

COPYRIGHT PHOTOGRAPH-NOT TO

FEDERAL STEAM NAVIGATION COMPANY, LIMITED, to ADMIRALTY. SIR,

2, Fenchurch Avenue, London, E.C., 24th March, 1915.

s.s. “A polda."

Now lying at Cape Town with cargo on board for Australian ports, there being some doubt as to whether there is or is not in addition any material quantity of cargo on board for Java ports.

We offer to move this vessel and her cargo from Cape Town to her ports of destination in Australia, namely, Melbourne, Sydney, and Brisbane, leaving in abeyance for consideration later on the question of how the cargo for Java, if any, shall be dealt with on arrival in Australia.

The basis of our offer is the reimbursement to us by you of the actual expen- diture 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 pay the charges incurred at Cape Town incidental to the average, arising out of the fire which has occurred there.

3. We are also to insure the steamer for £43,370, as well as other liabilities in respect of her, on the terms shown in the attached pro forma policies.*

We are also to insure the disbursements, but to effect no insurance in respect

of cargo.

4. 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 destina- tion, to be dealt with by the Commonwealth Government.

On final discharge of cargo the steamer to be delivered to the Admiralty. 5. With regard to the average arising out of the fire at Cape Town, separate security in respect of this to be collected by the Commonwealth Government from the consignees of the cargo before delivery, our agents to act if required in con- junction with or on behalf of the Government in this matter, and the basis of the adjustment to be that the ship be brought in as a contributory interest to contribute and receive in the ordinary way.

+

6 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.

7. 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

The Secretary,

Admiralty, S.W.

* Not printed.

COMPANY, LIMITED,

ALLAN HUGHES,

Chairman.

MILLARS' TIMBER AND TRADING COMPANY, LIMITED, to FEDERAL STEAM NAVIGATION COMPANY, LIMITED.

DEAR SIRS,

Pinners Hall, London, E.C., 27th September, 1915. Steamships "Hamm" and "Apolda.”

IN regard to the attached charters* for these vessels, dated 27th September, 1915, for the carriage of hardwood from Western Australia to South Africa, it is understood that the rates named therein are provisional (being based on an esti- mate of the expense hereinafter set out), and that the amount to be paid in respect of the freight is to be the actual expense of running the steamers. 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 "Hamm is to be taken over at Durban after the completion of the voyage upon which she is at present engaged, and is to be redelivered at Durban after the completion of the voyages provided for in the new charter dated 27th September, 1915.

"

2. The "Apolda" is to be taken over at Durban after the completion of the voyage upon which she is at present engaged, and is to be redelivered at Durban after the completion of the voyages provided for in the new charter dated 27th September, 1915.

3. The expense account is to bear all cargo charges paid or payable by you. may be necessary, port charges, coals, wages, provisions, stores, drydocking as upkeeps and repairs, together with insurance on the hull of the "Hamm" (valued at £74,500) and on the "Apolda" (valued at £44,000) against all risks (except war risks) including full R.D.C. on 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 5 per cent. managing commission to the Federal Steam Navigation Company calculated on the total expenses of the voyage. 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.

4. 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.

5. These vessels have been chartered by us from Western Australia to South Africa for the express purpose 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 parties of this date.

6. Instead of the vessels returning in ballast from South Africa to Western Australia as provided in Clause 23 of the charter parties, the steamers may, with the consent of the Government of the Union of South Africa, carry return cargoes (either part or full) from South Africa to Australia at current market rates, always provided that they shall not be so engaged unless the amount of freight to be earned on the return voyages is estimated to more than cover the additional expense incurred through carrying these return cargoes, and further provided that any such freight 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 carried from Western Australia to South Africa as provided for in this letter.

7. In no case shall the freight on the aforesaid timber under the terms of this letter be less than 358. per load.

* Not reprinted.