UNDERWATER HULL BIO-FOULING SOLUTIONS AND TREATMENT CLEANING AND POLISHING WITH DIVING PHOTO VIDEO CAMERA

The Viet-Nhan Agriculture - Industry - MarineControl InspectionGroup
45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam
Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393
aimcontrol@hotmail.com, ceo@aimcontrolgroup.com, www.aimcontrolgroup.com
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HULL BIO-FOULING
Causes and Consequences
Solutions and Treatment
WHAT IS HULL FOULING?
• Bio-fouling
• The accumulation of marine growth on the underside and sides of ships.
• Three types depending on temperature and water quality.
• Shell species such as barnacles and mussels.
• Weed such as seaweed and brown weed.
• Slime caused by accumulation of algae

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AIM CONTROL UNDERWATER DIVING WORKS SERVICES COMPANIES IN VIETNAM &
GLOBAL
AIM Control underwater diving works services companies in Vietnam & Global is a experts on
the underwater diving works services in providing:
• UW HULL CLEANING
• UW HULL SURVEY
• UW HULL INSPECTION
• UW HULL & PROPELLER POLISHING
• UW HULL & PROPELLER PHOTO BY TAKEN CAMERA
• UW HULL & PROPELLER CCTV BY TAKEN CAMERA
• UW HULL & PROPELLER REPAIRING
• UW OTHER WORKS
Based in Vietnam, China, India, Korea, Asia, Europe, the Middle East Anywhere of Countries.
Email: inspection@aimcontrolgroup.com, aimcontrol@hotmail.com, cell: +84903615612.
Thank you
Dr Capt. Nguyen Te Nhan / G.D
Agriculture - Industry - Marine Survey & Inspection Group
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MSN : aimcontrol@hotmail.com
Skype: aimcontrol
http://www.aimcontrolgroup.com
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HOW DOES FOULING OCCUR?
• A natural phenomenon and occupational hazard to which all ships are susceptible but
particularly in circumstances where ships remain idle/static in warm/tropical waters.
• The start of fouling is very dependent upon local conditions and fouling intensity variations
over time.
• The combination of warm and shallow water is the most challenging and will generally
cause fouling to attach sooner and grow faster.
• For stationary exposure when fouling normally is the biggest problem, periods of more than
10-14 days give a large increase in the risk of fouling
WHY IS FOULING A PROBLEM?
• Fouling can affect a ship’s hull, rudder, chests and propeller.
• Increases under water resistance to propulsion.
• Blocks main engine cooling intakes.
• Loss of speed by up to 10% as a result of reduced engine revolutions and high propeller
slip.
• Increase in fuel consumption by up to 40%.
• Dry docking necessary to remove fouling, cleaning costs and loss of time.
• Consequential losses, for example during the ship’s next employment.
CONTACT US
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CLAIMS ARISING WHERE FOULING OCCURS DURING CHARTER SERVICE
Responsibility for losses arising due to fouling as between Owners and Charterers
Breach by Charterer of an express term by reference to warm water ports?
• Direct result of obeying Charterers’ orders to trade to a port outside permitted trading
limits?
• Waiver by Owners by complying with unlawful orders? Temple Steamship v. V/O Sovfracht
(1945) and The Kanchenjunga (1990)
• Express indemnities in Owner’s favour in the event of defined idle periods? See below.
Losses sustained as a result of complying with Charterer’s orders as to the employment of
the vessel – implied indemnity?
• Owners not entitled to claim in relation to navigational matters. See The Erecthion (1987)
• Owners not entitled to claim from Charterers where foreseeable losses and expenses are
incurred. See The Island Archon (1994)
• Leading case of The Kitsa (2005):
• Basis of claim: ‘Even when the charterer’s order was, beyond a shadow of a doubt, a
legitimate order with which the owner was bound to comply, the indemnity may be granted,
not merely in respect of liabilities incurred, but also in respect of loss or damage caused. In
such cases, however, much may turn upon the facts of the particular case, upon the terms
of the particular charter-party, and, in the light of these, upon what risks it appears each
party has agreed to bear...
• The test: ...we regard as wholly unrealistic any suggestion that the time actually spent by
the vessel at Visak went beyond any reasonable expectation on the part of an owner of a

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vessel similar to Kitsa as to how long this vessel might be required to spend there in the
course of entirely ordinary employment to the sub-continent. In our view, the risk of fouling
as a result of that employment was not a risk that owners in the present case cannot be
taken to have accepted.’
Relevant factors:
1) Contractual trading limits including warm water ports?
2) Legitimate employment orders by Charterers?
3) Time not exceed reasonable expectation?
4) No delays caused by Charterers?
5) Delays and the occurrence of fouling foreseen?
6) Risk is one accepted by Owners?
• See also London Arbitration 9/07
• But see by analogy The Appollonius (1978) where unexpected marine growth accrues at a
port to which Charterers had ordered the vessel to proceed under the charterparty.
Breach of redelivery obligations?
• Ordinary wear and tear. See The Pamphilos (2002)
• Where Charterers are in breach? See The Puerto Buitrago (1976) subject to damages/
‘cost of cure’ claim.
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SPECIFIC/EXPRESS PROVISIONS AND THEIR EFFECTS
• ‘Should the vessel be kept by Charterers in tropical waters for more than 20 running days
either alongside berth and/or at anchorage and/or adrift whether under cargo operations or
not so that bottom growth takes place which affects vessel’s efficiency, then Charterers
shall either arrange for bottom cleaning for their time and expense or alternatively forfeit
any claims as to speed and/or bunker consumption’.
• ‘Should the vessel stay in a loading or in a discharging port more than 25 days whilst under
Charterers’ service and as a result of that is subject to underwater growth, barnacles, etc.
The Owners/vessel are not to be held responsible for any deficiency in speed/consumption
of fuel in such a case. Underwater cleaning/scrubbing to be arranged by Owners at
Charterer’s time and expense’.
• ‘In the event that the vessel’s speed capacity is reduced as a result of marine growth on
the vessel’s bottom by reason of the vessel being in a port or place for a long period, the
Owners shall not be responsible for reduction of speed or increase of bunker consumption
of the vessel up until such time as her next schedule drydock or a bottom cleaning
arranged by the Charterers at their time, risk and expense to the Owner’s satisfaction,
whichever is earlier’.
• ‘Owners will not be responsible when bottom fouling resulting from a prolonged stay in
port/anchorage and/or idling for a running period of more than 25 days under Charterers’
arrangements and orders. Owners are not responsible for reduced speed and/or increased
bunker consumption due to fouling from a prolonged stay’. •

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• ‘If the vessel is encountering prolong stay, minimum 30 days in a port and there is strong
reason to believe that the vessel’s hull has acquired excessive marine growth affecting
vessel’s speed/consumption due to the stay at this specific port, Owners are to arrange for
a diver inspection. Should the result of this diver inspection indicate there is excessive
marine growth on the hull, Owner/Charterers to arrange underwater scrubbing of the hull in
Charterers’ time and expense, prior to vessel’s departure from the port, if same can be
done without reasonable delay. If the underwater scrubbing is not available or cannot be
carried out at the port in question same to be carried out in Charterers’ time in the next
convenient port. Charterers agree no claim for under performance of the vessel for the
passage from the port in question until the next convenient port. Charterers agree no claim
for under performance of the vessel for the passage from the port in question until
underwater scrubbing is carried out’.
• ‘If the vessel is in a port of more than 20 days or idle at a safe anchorage for more than 20
days, Owners to appoint divers to check hull bottom and report with signature to
Charterers. If Charterers need hull bottoms cleaning at their discretion, Charterers are to
bear the cost of hull bottom cleaning. Owners shall endeavour to carry out bottom cleaning
at next available port where such facilities are available. Vessel is to remain onhire during
the cleaning operation. However, when practical, the bottom cleaning should take place at
the port where the ship has been laying for more than 20 days, but if it is not practical to do
so and cleaning has to take place at another location, Charterers have no right to lodge a
speed or bunker claim against the Owners during the periods the vessel is in a condition
and en route to the port identified where the hull cleaning is to be undertaken’

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• ‘The Charterers shall, in their time and at their risk and expense, arrange for the removal of
bottom-fouling if such bottom-fouling:
a) Was caused by the Vessel having been kept by Charterers in tropical waters for more than
10 (ten) consecutive days, either alongside a berth and/or at anchorage or adrift, whether
or not under cargo operation, so that bottom fouling takes place which affects the Vessel’s
efficiency; or
b) Is a natural and foreseeable consequence of the Vessel’s complying with the Charterers’
orders. Until such bottom-fouling has been removed, the Charterers shall be stopped from
presenting any claim for performance, speed or bunker consumption caused thereby. •
• Impacts on the common law position with regard to The Kitsa, placing responsibility for the
occurrence of bottom fouling on Charterers which arises as a result of a prolonged idle
period? •
• Relevant issues include (1) Running or consecutive days , (2) Interruption of consecutive
days? and (3) ‘Tropical’ or ‘tropical’ waters? •
• Impacts on the common law position with regard to The Rijn, placing responsibility for the
consequences of bottom fouling (specifically in relation to reduction in speed and/or
increased consumption) on Owners which arises from a short idle period? •
• Probably not as a matter of construction in the absence of very clear wording.
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Solusions and Treatment on Bio-Fouling
Underwater ship hull cleaning:
AIM Control Divers Underwater Ship Hull Cleaning Works, Ship hull cleaning and divers
underwater works, Propeller Polishing and divers underwater works, Anode Installation and
divers underwater works, in water diving inspection and cctv in Vietnam. Contact us:
aimcontrol@hotmail.com; aimcontrol@aimcontrolgroup.com
Specializing in Underwater Ship Hull Cleaning and Repair Maintenance & Inspections in
Ports Vietnam, AIM Control’s Divers underwater works dept. was founded in 1993 and was
dedicated primarily to the needs of the maritime industry in the Ports of Hai Phong,
Hochiminh (Sài Gòn, Ben nghe, Nha rong, ICT, Tan Cang, Bong sen) ports, Vung tau (Thi
Vai, Phu My, ect.) ports, Nha trang (Vinashin, Cam ranh bay ect.) ports, Dung Quat (Doosan,
Germedept, PTSC, ect.,) ports
Some of these services are as listed below.
1.- Divers underwater works of ship hull repair in Vietnam:
AIM Control Underwater Cofferdam Installations
AIM Control Underwater Permanent Hull & Rudder repair
AIM Control Underwater Echo Sounder & Speed Log Replacement
AIM Control Underwater Stern Seal Repairs

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AIM Control Underwater Propeller Cropping & Edge Modifications
AIM Control Underwater Welding and Burning
2.- AIM Control Divers underwater works of ship hull maintenance in Vietnam & Global:
AIM Control’s dive teams can perform any type of vessel maintenance service required,
quickly and efficiently; in order to optimize vessel's efficiency and reduce operating costs and
ensure safety to the ship hull and parts in water at sea areas and in ports of Vietnam.
Ship hull cleaning and divers underwater works: AIM Control’s Diver teams currently
operating cleaning machines and diver’s hands which offer us great flexibility in meeting our
client’s demands while also providing us with equipment redundancy at sea areas and in
ports of Vietnam to underwater ship hull surfaces.
Sea chests, rudders and thrusters cleaning Divers underwater works: AIM Control’s Diver
teams also using diving services to clean Sea chests, rudders and thrusters at sea area and
in ports of Vietnam.
Propeller Polishing and divers underwater works: AIM Control’s dive teams can complete
multi stage micro polishings on the largest of propellers in usually four hours or less,
depending upon the maintenance program of the propeller. (To decrease speed and power
by up to 5 % compared to that of AIM Control’s propeller maintaining finished on the Rupert
Scale) at sea areas and in ports of Vietnam.

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Anode Installation and divers underwater works: While our dive teams are able to install all
types of anodes quickly and efficiently by either bolt-on attachment or by underwater wet
welding at sea areas and in ports of Vietnam..
Sea Chest Cleaning Divers underwater works: In addition to full hull, AIM Control’s Divers
underwater works has also hand tools to properly clean the gratings of all sea water inlets as
required. Sea inlet gratings are removed when needed in order to clean the interior of the sea
boxes at sea areas and in ports of Vietnam.
3.-Divers underwater works of ship inspection/ survey in Vietnam:
Ship-owners and marine ship organizations require a routine planned in-water survey or are
in need of an emergency inspection under extreme conditions; AIM Control’s Divers
underwater works has the experience and knowledge to complete an in depth survey safely
and under the strictest requirements. All inspections are conducted under the highest of
safety standards and conform to all Class requirements. A summary of these inspections are
outlined:
AIM Control In-water Class Approved Digital Video (underwater diving)
AIM Control In-water Digital Photography Inspections (underwater diving)
AIM Control In-water Damage Assessment (underwater diving)
AIM Control In-water Change of Ownership (underwater diving)

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AIM Control In-water General Condition of ship’s parts Inspection for purchase (underwater
diving)
AIM Control In-water Pre Dry Dock Inspection (underwater diving)
AIM Control In-water On/Off Charter Inspection (underwater diving)
AIM Control In-water Warranty Inspection (underwater diving)
4.-Divers underwater works of the marine other in Vietnam:
AIM Control Dry docking inspection
AIM Control grounding site location & plotting at sea areas and in ports
Verifying wreck position at sea areas and in ports
Defining debris field perimeter at sea areas and in ports
Preliminary heavy lift salvage inspections at sea areas and in ports
Emergency oil spill mitigation at sea areas and in ports
In water product recovery at sea areas and in ports
Wreck stabilization at sea areas and in ports
Wreck removal at sea areas and in ports

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Pier Inspection Services (in water Debris removal, as-built surveys, Hydrographic surveys,
Allision damage inspections, Obstruction surveys, Cathodic protection inspection & repair,
Marine borer assessment)
Others
5.- AIM Control Divers underwater works of the industrial in Vietnam & Global:
Traveling Screen Replacement & Repair at sea areas and in ports
Stop Log Placement & De-watering operation at sea areas and in ports
Trash Rack Fabrication & Installation at sea areas and in ports
Cable & Pipeline Repairs at sea areas and in ports
Sediment Removal / Sampling & analysis at sea areas and in ports
Inspection & Maintenance of Intake & Discharge Structures at sea areas and in ports
AIM Control’s experience to schedule the necessary steps to complete the job quickly and
efficiently in order to meet the vessel's schedule without any operational delays. AIM
Control’s Divers underwater works services are offered 24 hours a day, 7 days a week.
· Certified Underwater Inspectors
· Class Commercial Drivers Licenses
· Maintenance & Repair Technician

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· Certified emergency medical technician
· others
AIM Control’s Divers underwater works are able to utilize some of AIM Control’s specialty
services and techniques to these organizations with the same expertise that the maritime
community has come to expect from our underwater services over the years.
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Cell. : +84903615612
inspection@aimcontrolgroup.com
Skype: aimcontrol
Address: 45, Street 03, Ward 04, CXDT, District 03, HOCHIMINH City, Vietnam
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See more Ship’s Hull cleaning and Propeller Polishing.
This is underwater ship hull, parts cleaning & propeller polishing carried out by diver teams of
aim control at vung tau sea area, Vietnam to vessel/ship's name "ENDURANCE"

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SHIP'S HULL & PARTS BEFORE CLEANING & POLISHING

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SHIP'S HULL & PARTS AFTER CLEANING & POLISHING

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CHECKING & OVERTAKING

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ANODE INSULATION AND WELDING TO RENEW

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THE VIDEOS OF AIM CONTROL'S DIVING SHIP HULL CLEANING JOB FOR REVIEW
See more The underwater works and in water Hull cleaning & Propeller polishing, Camera
monitoring (CCTV).
monitoring (CCTV).
CONTACT US

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HULL FOULING - CHARTERPARTY ISSUES
Ship Owners Mutual Reponsibilities
Charterer Reponsibilities
AIM Control UWHC & Diving Inspection Photos and Camera
WHAT IS HULL FOULING PROBLEM IN CLAIMS?
Hull fouling is a well-known problem affecting vessels trading in warm water ports. It can lead
to loss of time from diminished vessel performance and lost time and costs associated with
hull cleaning.
Resulting claims include Charterers' claims for underperformance and that the vessel is off-
hire for the period of hull cleaning. Owners' claims include damage to the vessel due to
fouling and claims for indemnity from Charterers for hull cleaning costs.
DETERMINING FACTORS INCLUDE WHETHER:
 The port was within the trading limits as provided within the charter.
 Time spent at the warm water port was usual and expected for that time of year and for that
vessel.
 The marine growth in the water was usual and expected at that place for that time of year.
 Either of the parties had been aware of the environmental factors prevailing at that place
before the vessel traded there.
The issues which typically arise in such cases were helpfully revised in a recent High Court
decision in which the Club's members were successful against owners in a defence
coordinated by charterers and sub-charterers: Action Navigation Inc v. Bottiglieri Navigation
Spa (The "Kitsa") [2005] EWHC 177.In this case, the vessel sat for 21 days at Visag under

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Charterers' order. The Court was asked to determine two questions. (1) Whether a time
charterparty permitting the vessel to be traded within the Institute Warranty Limits necessarily
carried with it an assumption by the shipowner of all risks ordinarily incident at each port
within those limits; If so, the implied indemnity against the consequences of obeying the
Charterers' lawful orders would not extend to the materialisation of risks peculiar to the
particular port or class of ports. (2) Whether time spent removing marine growth which had
attached itself to the hull of the vessel in the course of service under the relevant charterparty
amounted to time lost within the meaning of clause 15 of the charterparty. In The "Kitsa", the
answer to both these questions was held to be "no". The charterparty was on amended
NYPE form of which the preamble1
, clauses 12
, 43
, 84
and additional clauses concerning the
vessel's description and trading limits were considered relevant to the dispute.
Liability for fouling can be analysed on a basis of (1) causation or (2) apportionment of risk
under the charterparty. Only liability for risks foreseeable at the commencement of the
charterparty can be apportioned under the charterparty. Liability for unforeseeable risks will
generally be determined on the basis of causation5
.
The issues to be considered are as follows:
LAWFUL OR UNLAWFUL ORDER AS TO EMPLOYMENT?
Did the Charterers order the vessel to trade to a safe port, anchorage, berth or place within
the permitted trading limits? Where a lawful order has been given, risk apportionment under
the charterparty should be considered in the first instance.
However, the Master may obey unlawful orders from Charterers without such conduct
amounting to a waiver by Owners of Charterers' breach of charterparty and without

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prejudicing Owners' right to claim for damage or losses arising6
. In such circumstances
Charterers would need to show that their unlawful order was not causative of the hull fouling.
Otherwise, where the fouling is shown to be a direct result of obeying Charterers' orders to
trade at a port outside the charterparty permitted trading limits, Charterers are likely be held
liable for the cost of cleaning the hull and the time taken for the cleaning operation,
representing damages arising from Charterers' breach of charterparty.
Did fouling arise due to Charterers' orders as opposed to while Charterers' orders are being
carried out?7
For instance, if all warm water ports had been excluded from the charterparty
permitted trading range and Charterers ordered the vessel to such a port, then Charterers will
be liable for the fouling. However, if the charterparty permitted trading range included warm
water or weather ports, but the port to which Charterers ordered the vessel fell outside the
permitted trading range due to other logistical issues, then Charterers may not, automatically,
be held liable for the fouling of the vessel.
CAN OWNERS CLAIM AN INDEMNITY FROM CHARTERERS?
The NYPE form does not contain an express indemnity from Charterers to Owners (unlike the
Baltime form). An indemnity for hull fouling and associated losses can be implied depending
on the facts of the incident.
Owners will not be entitled to claim from Charterers under an implied indemnity where losses
and expenses are incurred as a consequence of complying with Charterers' legitimate and
ordinary employment orders8
. Therefore, where lawful orders have been provided by
charterers and the vessel incurs hull fouling in the course of ordinary trading, the costs of
cleaning the fouling from the hull, repairing the paint work and time for such works fall to

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Owners as a risk which they consented to bear on fixing the charterparty. Such fouling is
considered foreseeable at the time of fixing the vessel, especially where the vessel is
permitted to trade in warm waters, and falls within Owners' obligation to maintain the vessel.
An indemnity will generally be implied against unforeseen liability, losses or costs incurred by
Owners as a direct consequence of complying with Charterers' orders9
. Such implied
indemnity would arise when Charterers give unlawful orders and fouling is fortuitous.
Unforeseen or fortuitous fouling occurring despite Charterers' orders being lawful would also
be a potent factor for deciding that the loss or expense falls within the scope of the implied
indemnity.10
OFF-HIRE
Fouling of a hull gives rise to two incidents of lost time that Charterers would seek to deduct
from hire (1) time lost due to the underperformance of the vessel, and (2) time lost due to
cleaning of the hull. Charterers may deduct from hire if either of these incidents can be shown
to fall within either clause 15 of the NYPE charterparty form or the deviation clause.
UNDER-PERFORMANCE
For a vessel to be off-hire under clause 15, the cause of the off-hire must be fortuitous (i.e.
not the natural result of complying with Charterers' orders). Clause 15 contains two possible
provisions to bring hull fouling within the off-hire provision, (1) "… any other cause preventing
the full working of the vessel, and (2) "defect in the hull". Where a vessel underperforms and
time is lost as a direct result of hull fouling and that fouling arose as a natural consequence of
the service under the charterparty, then the vessel cannot be considered to be off-hire in
accordance with 1511
. For such fouling to fall within clause 15, Charterers would have to

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show that the Owners breached the obligation to maintain the vessel by failing to adhere to
an appropriate anti-fouling programme during the course of the charter.
If the fouling was unforeseen and arose due to Charterers giving an unlawful order as to
employment, then Charterers would not have a right to claim deductions for
underperformance under clause 15 because it was the Charterers' breach of charterparty
which caused the loss of time.
TIME LOST CLEANING HULL
The deviation clause usually permits for the vessel to be placed off-hire for the period when
Owners deviate the vessel from a voyage for Owners' own purposes. Where Owners clean
the hull as part of their obligation to maintain the vessel, then the vessel may be placed off-
hire for the period for which the vessel is unavailable to Charterers, as was held in The
"Kitsa".
SUMMARY
In The "Kitsa", it was held that the Charterers had given legitimate orders to the vessel and,
therefore, that the port of call was within the permitted trading limits of the charterparty. It was
also found that the risk of fouling at that port had been foreseeable by Owners and
Charterers on fixing the charterparty and that the fouling was not fortuitous as, particularly,
the vessel had not sat at that port for a period longer than was usual for that type of vessel
trading at that port. Therefore, the risk of fouling was considered to be an operational risk
which Owners had consented to bear when fixing the charterparty and there were no grounds
on which Owners could claim an indemnity from Charterers for the cost of cleaning the hull.
Charterers were not permitted to make deductions from hire due to underperformance arising

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from fouling, but Charterers were permitted to deduct from hire for the period of deviation for
Owners to clean the hull.
1."This Charter Party, made and concluded in … between … Owners of the good … Motorship NAME
… with hull, machinery and equipment in a thoroughly efficient state, … and capable of steaming fully
laden under good weather conditions about (See specification) … and Charterers … … the said
Owners agree to let, and the said Chatrerers agree to hire the said vessel, from the time of delivery,
for a Timecharter period of minimum … months to about … months … always via safe port(s), safe
berth(s), safe anchorage(s), always afloat, always within Institute Warranty Limits … within below
mentioned trading limits … … Vessel on her delivery or on her arrival at the first load port to be ready
to receive in all respects any permissible Charterers' intended cargo … and tight staunch, strong and
in every way fitted for the intended cargoes, service, …"
2."That the Owners shall … keep the vessel in a thoroughly efficient state in hull, machinery and
equipment … for and during the service."
3."… hire to continue until the hour of the day of her redelivery in like good order and condition,
ordinary wear and tear excepted, to the Owners …"
4."That the Captain shall prosecute his voyages with the utmost despatch, and shall render all
customary assistance with ship's crew and equipment boats. The Captain (although appointed by the
Owners) shall be under the orders and directions of the Charterers as regards employment and
agency; and Charterers are to load, stow, secure and discharge and trim the cargo at their expense
under the supervision of the Captain, who is to sign Bills of Lading for cargo as presented, in
conformity with Mate's or Tally Clerk's receipts."
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Others

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BIMCO HULL FOULING CLAUSE FOR TIME
CHARTER PARTIES
Ship Owners Mutual Reponsibilities
Charterer Reponsibilities
AIM Control UWHC & Diving Inspection Photos and Camera
BACKGROUND
BIMCO’s Hull Fouling Clause for Time Charter Parties has been developed to transfer hull
cleaning obligations to charterers where, as a result of their trading requirements and
employment orders, a vessel is subject to a prolonged period of idling in port or at anchorage
that results in fouling of the hull and underwater parts to an extent that may affect vessel
performance.
At common law and under most standard forms of time charter party an owner is responsible
for maintaining the vessel in a thoroughly efficient state throughout the charter period. This
includes a requirement to keep the vessel's hull and other underwater parts free from fouling.
If the owners fail to meet their obligations and, as a result, the vessel's performance is
affected, they may be exposed to underperformance claims by the charterers. Hull fouling
may occur where a vessel is required to wait in port or at anchorage – particularly in tropical
waters and in others areas where seasonal blooms of marine biofouling occur.
KEY FEATURES
The new Hull Fouling Clause comprehensively sets out the circumstances and point in time
when responsibility for cleaning hull fouling passes from the owners to the charterers. The
clause distinguishes between idling in Tropical Zone/Seasonal Tropical Zone waters, where

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the rate of growth is generally highest, and idling outside such zones. The parties are free to
agree the number of days idling to apply in each area before the clause takes effect. If the
parties fail to agree then 15 days will apply by default.
Once the agreed number of days has elapsed, the vessel's performance warranties relating
to speed and consumption are suspended until such time as the vessel’s underwater parts
can be inspected and, if required, cleaned. The inspection will be for the charterers’ account.
If the hull is fouled then it is to be cleaned by the charterers at their cost and in their time, but
in accordance with the paint manufacturers' recommendations and under the supervision of
the Master. This acknowledges that hull coatings are very expensive, easily damaged and
become less effective the more often they are cleaned.
It may well be that inspection and cleaning is not possible or permitted at the vessel's current
port of call, or the charterers may wish to postpone cleaning. In such an event the warranties
will remain suspended until cleaning has been completed.
If the owners refuse to give their permission for cleaning to be carried out then the speed and
consumption warranties will be reinstated from the time of the owners’ refusal.
The intention is that, where required in accordance with the clause, cleaning should be
undertaken before redelivery to the owners. However, if this cannot be done the parties
should, before or at the latest on redelivery, agree a lump sum to cover the owners’ costs and
ancillary expenses in respect of cleaning.
Finally, if the agreed or the default number of days are exceeded the charterers will not be
responsible for hull cleaning if they can show that the vessel is performing in accordance with
charter party speed and consumption warranties.

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CLAUSE FOR TIME CHARTER PARTIES:
DETAILED PROVISIONS
Sub-clause (a)
This Sub-clause sets out the mechanism triggering the provisions. If the vessel, on the
charterers’ orders, lies idle for a period exceeding the number of days agreed by the parties,
the vessel’s speed and consumption warranties will be suspended until inspection (which
may cover all or certain underwater parts) and any necessary cleaning has been carried out.
The parties are prompted to agree the number of days idling applicable in Tropical/Seasonal
Tropical Zones and in other locations (since the tendency to foul will vary according to the
sea area and seasonal conditions) but with a default period of 15 days in the absence of
agreement.
Parties may wish to consider the following factors when negotiating the number of days of
idling required to trigger the Clause: the quality and type of paint used on the vessel in
question and number of days that the paint manufacturer will guarantee in respect of hull
fouling; the vessel’s intended trading area and the climate at that time of the year; and the
fact that frequent and excessive cleaning is likely to reduce the effectiveness of the protective
coating that prevents fouling.
Sub-clause (b)
Once the number of days in Sub-clause (a) have been exceeded, it is for one of the parties to
call for an inspection of the vessel’s underwater parts. Although both parties should
cooperate in arranging the inspection, it is not a joint inspection and risk, cost, expense and
time are for charterers’ account.

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Sub-clause (c)
Following the inspection, either party may call for cleaning if the vessel’s underwater parts
are found to be fouled. Cleaning is to be carried out at the charterers’ risk, cost, expense and
time. However, as it is the owners’ property that will undergo cleaning and because cleaning
can damage the vessel’s anti-fouling system, the owners must be consulted in respect of the
cleaning procedure.
Sub-clause (c.i)
To set a standard for the cleaning procedure this Sub-clause states that the Master will
supervise the cleaning; that it should be done in accordance with the paint
manufacturers’ guidelines for cleaning; and that it must be undertaken without damage to the
vessel’s underwater parts or its paint coating.
Sub-clause (c. ii)
If cleaning is not permitted or possible, for example due to local restrictions, or postponed by
charterers, speed and consumption warranties remain suspended until cleaning has
eventually been completed.
Sub-clause (c.iii)
Should the owners for whatever reason refuse to permit cleaning despite the availability of
suitable facilities, then the speed and consumption warranties will again be
applicable from the time of such refusal.
Sub-clause (d)
In order to resolve hull cleaning issues between the parties before the end of the contract
period, this Sub-clause states that the vessel should be cleaned in accordance with the

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Clause prior to redelivery. However, if the charterers are prevented from cleaning before
redelivery the parties should agree on a lumpsum to cover the owners’ costs and expenses
for subsequent cleaning. This arrangement offers finality in terms of quantum and settlement
while a failure to agree would have to be determined in accordance with the charter party
dispute resolution procedure. A lumpsum agreement may not always reflect the exact amount
of the owners’ costs and expenses as it will be based on quotes from cleaning companies as
opposed to actual invoices. However, the alternative with payment against invoices for actual
costs of subsequent cleaning could leave the owners unable to recover payments properly
due.
Sub-clause (e)
This Sub-clause provides the charterers with an opportunity to challenge the need for
inspection and cleaning and should therefore be seen as an exception to the presumption
in Sub-clause (a) that the inspection and cleaning provisions are triggered after a given
number of days. Under this exception, if the charterers can demonstrate that the vessel’s
performance has remained within charter party limits, speed and consumption warranties will
be reinstated at that point (not retroactively) and the inspection and cleaning provisions will
cease to be applicable. The timing and arrangements for demonstrating compliance are left
to the parties to determine either by agreement or in accordance with the underlying charter
party. By way of example, the charterers might demonstrate that the vessel is performing
according to the charter party through the daily noon reports that the master sends to the
charterers; through other means stipulated in the charter party; or by information from the
ship’s log book.

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BIMCO HULL FOULING CLAUSE FOR TIME CHARTER PARTIES
(a) If, in accordance with Charterers’ orders, the Vessel remains at or shifts within a place,
anchorage and/or berth for an aggregated period exceeding:
(i) a period as the parties may agree in writing in a Tropical Zone or Seasonal Tropical
Zone*; or
(ii) a period as the parties may agree in writing outside such Zones*
any warranties concerning speed and consumption shall be suspended pending inspection of
the Vessel’s underwater parts including, but not limited to, the hull, sea chests, rudder and
propeller.
*If no such periods are agreed the default periods shall be 15 days.
(b) In accordance with sub-clause (a), either party may call for inspection which shall be
arranged jointly by Owners and Charterers and undertaken at Charterers’ risk, cost, expense
and time.
(c) If, as a result of the inspection either party calls for cleaning of any of the underwater
parts, such cleaning shall be undertaken by the Charterers at their risk, cost, expense and
time in consultation with the Owners.
(i) Cleaning shall always be under the supervision of the Master and, in respect of the
underwater hull coating, in accordance with the paint manufacturers’ recommended
guidelines on cleaning, if any. Such cleaning shall be carried out without damage to the
Vessel’s underwater parts or coating.
(ii) If, at the port or place of inspection, cleaning as required under this Sub-clause (c) is not
permitted or possible, or if Charterers choose to postpone cleaning, speed and consumption

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warranties shall remain suspended until such cleaning has been completed.
(iii) If, despite the availability of suitable facilities and equipment, Owners nevertheless
refuse to permit cleaning, the speed and consumption warranties shall be reinstated from
the time of such refusal.
(d) Cleaning in accordance with this clause shall always be carried out prior to redelivery. If,
nevertheless, Charterers are prevented from carrying out such cleaning, the parties shall,
prior to but latest on redelivery, agree a lump sum payment in full and final settlement of
Owners’ costs and expenses arising as a result of or in connection with the need for cleaning
pursuant to this clause.
(e) If the time limits set out in Sub-clause (a) have been exceeded but the Charterers
thereafter demonstrate that the Vessel’s performance remains within the limits of this Charter
Party the vessel’s speed and consumption warranties will be subsequently reinstated and the
charterers’ obligations in respect of inspection and/or cleaning shall no longer be applicable.
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monitoring (CCTV).
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