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THE ADVICES TO THE MASTERS FOR CARGO

QUANTITY OF CARGO

 

   THE BULK  CARGOES MOSTLY CAUSE TROUBLE  IF THE OWNER AND THE MASTER DO NOT GET THE NECESSARY PRECAUTIONS FOR.

 

   AS USUAL THE CARGO RECEIVER WANTS TO GET THE CARGO IN SAFE AND WITHOUT ANY DAMAGE.

 

   SOMETIMES THE CARGO IS DAMAGED DUE TO THE VESSEL OR OTHER REASONS AT THE PORT BEFORE LOADING OR ON OTHER CARRIAGE TO THE PORT BEFORE LAODING TO THE VESSEL.

 

  THIS IS THE QUESTION OF FINDING WHO IS RESPONSIBLE OF THE DAMAGE OF THE CARGO.

 

    IF THE OWNER AND THE MASTER CHECK THE CHARTER PARTY, RIDER CLAUSES,BILL OF LADING WHICH THE MATTERS THEY ARE RESPONSIBLE AND NOT RESPONSIBLE AND ACT ACCORDINGLY , ALWAYS BE VERY CARFEULL , TAKE NECESSARY PRECAUTIONS FOR THE CARGOWORTHNESS AND SEAWORTHNESS OF THE VESSEL BEFORE LOADING, CHECK THE CARGO POSITIONS AND CARYY OUT THE SURVEYS BEFORE LOADING , THIS MEANS THEY DID WHAT IT TAKES AT FIRST STEP AND IT SHOULD BE DONE ;

 

   FIRST:THE CARRIER SHOULD CHECK THE DETAILS PUT INTO THE BILL OF LADING; WITHOUT TAKING STEPS TO CHECK THE QUANTITY WILL CAUSE TO THE CARRIER TO SHORTAGE CLAIMS BY THIRD PARTIES AS USUAL. SO, IF ENDORSING THE BILL OF LADING WITH STATEMENTS SUCH AS “QUANTITY UNKNOWN”  OR “SHIPPER’S FIGURES.SAID TO WEIGH......”MAY,GREATLY ASSISTS OWNERS IN DEFENDING SHORTAGE CLAIMS.

THE BEST STEPS THE SHIP CAN TAKE  TO CHECK BULK CARGO QUANTITIES LOADED IS A DETAILED DRAUGHT SURVEY AT THE LOADING PORT.THIS IS THE BEST WAY MEANS OF CHECKING THE SHIPPER’S FIGURES. THE DIFFERENCES BETWEEN THE SHIPPER’S AND THE DRAUGHT SURVEY FIGURES SHOULD BE INVESTIGATED , UNLESS THE DISCREPANCY CAN  BE ACCOUNTED , IT IS ALWAYS ADVISED THE MASTER SHOULD TAKE BELOW STEPS BY TAKING ADVISE OF YOUR CLUB ;

*ENDORSING THE B/L WITH REMARKS “X TONS IN DISPUTE”.

*DELETING THE B/L FIGURE AND INSERTING THE SHIP’S FIGURE

*REFUSE TO SIGN THE B/L AND PASS IT TO THE AGENTS WITH APPROPRIATE INSTRUCTIONS

*TEARING IT UP AND ISSUING HIS OWN B/L.

IF IT IS DIFFICULT OR IMPOSSIBLE FOR THE MASTER TO SOLVE THE DIFFERENCES IN THE WAYS SUGGESTED ABOVE,THE MASTER SHOULD REFER THE MATTER TO THE CLUB OR ITS CORRESPONDENT TO TAKE AN ADVICE AND ACT ACCORDINGLY.THEN THIS IS THE BEST WAY IN THIS CASE, SO YOUR P&I CLUB WILL ADVICE YOU WHAT TO DO AND TAKE SOME PRECAUTIONS TO PREVENT SHORTAGE CLAIMS

 

TO MAKE MATTER WORSE; THE PROBLEMS  ARISE AT DISCHARGING PORT AFTER CARGO INTERESTS CLAIMED THE WEIGHT OF CARGO DISCHARGED WAS DIFERENT FROM THE WEIGHT LOADED., THE SHIP CAN ACCOUNT FOR THE DIFFERENCE, OTHERWISE THE CARGO INTERESTS CLAIM FOR LOSS OR SHORTAGE OF CARGO AS USUAL.

 

BUT THE METHODS AVAILABLE TO THE MASTER FOR CHECKING THE QUANTITY OF BULK CARGO LOADED ARE SUBJECT TO CERTAIN TOLERANCES WHICH ARE LIKELY TO RESULT DISCREPANCIES BERWEEN THE SHIP’S FIGURES AND THE SHORE FIGURE AND THESE MAY BE TAKEN INTO ACCOUNT BY ARBITRATORS MOSTLY, IF ANY ALLEGED SHORTAGE CLAIM IS MADE.

AS A RESULT A WELL CONDUCTED OUTTURN DRAUGHT SURVEY BY THE SHIP WITH A SIGNED STATEMENT BY AN INDEPENDENT WITNESS CONFIRMING THAT THERE IS NO CARGO REMAINING ON BOARDWILL BE GREAT HELP . OTHERWISE THIS MEANS, YOU HAVE A BIG PROBLEM.

 

 

CLEAN BILLS OF LADING

 

           THE OTHER PROBLEM FACED BY THE MASTER IS WHEN ASKED TO ACCEPT A LETTER OF INDEMNITY IN EXCHANGE FOR A CLEAN BILL OF LADING WHEN CARGO HAS BEEN SHIPPED IN OTHER THAN APPARENT GOOD ORDER AND CONDITION. FOR LIABILITIES IN RESPECT OF CARGO WILL BE SERIOUSLY PREJUDICED IF CLEAN BILLS OF LADING ARE ISSUED AGAINST A LETTER OF INDEMNITY WHEN CARGO IS KNOWN TO HAVE BEEN LOADED IN POOR CONDITION, PLEASE REMEMBER THE IMPORTANCE OF THE STEPS ABOVE BEFORE LOADING WHICH EXPLAIN THE SITUATION VERY WELL.

 

WHY , WHEN , WHAT YOU SHOULD DO, THIS IS ANOTHER BIG PROBLEM IF YOU ACCEPT CLEAN BILL OF LADING. THIS MEANS YOU ACCEPT ALL THE CLAIMS AT THE BEGINNING. PLEASE THINK WHY THEY ASK YOU, ESPECIALY WHEN YOU KNOW THE CARGO HAVE BEEN LOADED WAS IN POOR CONDITION.THEN YOU TAKE ALL THE RESPONSIBILITY.

 

THE VESSEL IS ONLY RESPONSIBLE THE CARGO DAMAGED ON AND DURING THE CARRIAGE OF THE VESSEL. THE PREVIOUS DAMAGES OF THE CARGO BEFORE LOADING  IS NOT THE PROBLEM OF THE OWNER. BUT HE NEEDS TO DO WHAT IT TAKES TO PROTECT HIMSELF AND THE VESSEL.THE MASTER’S ROLE IS SO IMPORTANT HERE.YOU ARE THE MASTER AND YOU ARE THE EYE OF THE OWNER.

 

AND PLEASE DO NOT FORGET ; IN FACT,LETTERS OF INDEMNITY ARE NOT READILY ENFORCEABLE AND OWNERS END UP WITH A VALUELESS PIECE OF PAPER IN RETURN FOR ISSUING A VALUABLE BILL OF LADING, AS A RESULT THEY ARE FREQUENTLY CONSIDERED BY THE COURTS AS AN ATTEMPT TO PERPETRATE A FRAUD .

THE MASTER IS SOMETIMES ASKED TO ACCEPT SUCH A LETTER  BEFORE COMPLETING LOADING ,THE SHIPPERS OR CHARTERERS CAN APPLY CONSIDERABLE PRESSURE ON A MASTER TO ACCEPT SUCH A LETTER. IF YOU LIVE SUCH A PROBLEM THEN THE MASTER SHOULD CONTACT WITH THE P&I CLUB OR THEIR NEAREST CORRESPONDENT.

 

NOT TO LIVE ANY PROBLEM ;YOU SHOULD ALSO CHECK YOUR RULES OF YOUR P&I CLUB ABOUT “ISSUING CLEAN BILLS OF LADING”