BIMCO - Solid Bulk Cargoes that Can Liquefy Clause for Charter Parties

Advice

Published: 3 August 2012

The hazards involved in loading solid bulk cargoes that may liquefy have given rise to considerable concern within the industry. The Association has provided information on the subject of cargo liquefaction which can be found on the Skuld Website.

On 25 July 2012, BIMCO published a Special Circular containing a Clause suitable for use in time and voyage charterparties which may involve the carriage of bulk cargoes such as nickel ore and iron ore fines which are at risk of liquefying.

The Clause requires production of written evidence of the moisture content in advance of loading and provides a procedure for sampling and testing.

The Master is entitled to refuse to load cargo or sail if he considers, in his sole discretion using reasonable judgement, that there is a risk to the safety of the crew, vessel or cargo.

Charterers are responsible for all costs and claims arising out of their failure to comply with their obligations.