Shipbroker Commission Agreement

3.1 The broker will perform the services with the reasonable capacity and care expected of a professional broker. 7.5 In the absence of concrete provisions in the commission clause on travel chartering, a commission for deadfreight and insanity and freight should be paid. Freight includes all items with freight rate. At this time, the board charters on rent rent and any charter proceedings or renewals. In the event of a sales contract, the commission must be paid upon delivery of the ship and payment of the purchase price. In the case of new construction contracts, the commission must be paid as soon as each step is paid. The Commission is payable for the amounts you have received if they are received and you will not be reluctant to pay until unrelated matters have been resolved. The Commission is stripped of all taxes. Brokers who are faced with cancellations of charters and who get no comfort in the simple language of the applicable commission clause can nevertheless remedy the violation of the tacit confederation of good faith and fair trade in all contracts. The treaty prohibits any contracting party from doing anything that destroys or violates the other party`s right to the benefit of the contract.

It should be noted that the burden of proof of the violation of this federation is difficult because the federal state does not add or act for the purpose of undermining a party`s right to protect its own interests. For example, a good faith owner who negotiates a transaction with a resilient charterer does not violate the Confederation, although that act deprives a broker of a commission. However, if the cancellation or mitigating conduct is intentional to deprive the broker of his commission, the means of intensibility 7.7 If the amount of commission or commissions and/or the manner in which it is paid is not expressly agreed, a reasonable commission or commission is due in accordance with market practice. Another theory of recovery, which should be considered in a transaction with brokerage commissions, particularly in situations where a charter party is expected to be terminated, is the right to unlawful interference in the contract. The elements of this plea are: (1) the existence of a valid contract between the applicant and a third party (4); (2) knowledge of the contract by the disruptive party; (3) the deliberate acquisition of the violation of the third party without justification and finally; (4) a violation and damages.