Section 3 of SHIPMAN 98 is clear: “Administrators provide administrative services as agents for and on behalf of the owners.” This provision provides managers with some protection against third-party claims. A claim made by a third party against the managers can then normally be defended on the grounds that they acted only as agents of the owners, who could then rely on their insurance. However, as we explain later, it is important that the manager be fully insured as co-insured by the owner`s insurance policies, particularly when providing technical management services. BIMCO first published shipMAN, a Ship Management Contract, in 1988, which provided the market with a standard document that struck the right balance between the rights and obligations of owners and managers. The treaty was very well accepted. The basic form of the contract remains the same. The first amendment to Part 1 of the contract is a box for the name of the party that is responsible for complying with the ISM code, and this will be done as a technical director where this service is offered. At the beginning of Part 2, there are a number of additional definitions, including departure fees, crew insurance, management services, the ISM code and STCW 95. There are also amendments to the following clauses:- SHIPMAN 98 offers the following optional management services: crew, technical management, insurance, freight management, accounting charter, sale or purchase, provisioning, bunkers and operation. SHIPMAN 98 is suitable for managers who provide the crew on a limited agency basis.
BIMCO has created CREWMAN A for a broader and more comprehensive crew management agreement, which is also done on the agency`s basis or cost-plus. BIMCO has created CREWMAN B. 4.1 if the administrator makes the crew available as a sponsor or lump sum. However, to the extent that directors who perform their leadership duties under this agreement are entitled to take into account their overall responsibility for all vessels that may be transferred from time to time to their management and, in particular, without prejudice to the universality of the above, directors are entitled to allocate available supplies. , staff and services in such a way that, in the current circumstances, managers, at their discretion, are fair and appropriate.