We refer to previous circulars and comments with regard to solid bulk cargoes susceptible to liquefaction.
It has come to the Club’s attention that a number of clauses are in market circulation, some of which attempt to weaken the requirements of the provisions of the IMSBC Code, which, as is known, was made mandatory as 1st January 2011. The Club would recommend that members do not agree to such clauses.
The International Group of Clubs (IG) has issued a standard charterparty clause to which we would recommend members agree in charterparties for carriage of these cargoes. For charterer members, the club recommends that the clause is agreed down the charterparty chain. It is hoped that the clause will assist members in avoiding the commercial pressures which may lead to compromise of IMSBC or other regulations.
Among other things, the clause requires the following:
- That all IMSBC and other regulations are to be complied with,
- That charterers shall provide the requisite documentation to owners prior to loading, i.e. the Flow Moisture Point (FMP) Certificate, the Transportable Moisture Limit (TML) Certificate, and test results of moisture content from a laboratory approved in advance by Owners,
- That the Master is entitled to refuse to load any cargo, or to demand that any cargo already loaded to be discharged, where in his reasonable opinion carriage of it could jeopardize the safety of the vessel or the crew,
- That charterers allow owners to take samples of the cargoes prior to, and as a condition of, loading, and that owners shall be entitled to test such samples, and to appoint surveyors and/or experts to attend at their discretion, to determine whether the cargo is safe to carry, and
- That all costs and consequences incurred as a consequence of following charterers’ orders to load and the terms of this clause are for charterers’ account.
For the sake of good order, any case involving cargoes which may liquefy should be reported to the Club as soon as possible.
Solid Bulk Cargo Charterparty Clause
Solid bulk cargoes are to be presented for carriage, loaded, (and where necessary trimmed) only so far as lawful and harmless, and always in compliance with all applicable international regulations, including IMSBC Code 2009 (as may be amended from time to time). All time taken in complying with such regulations, or as a result of non-compliance shall be for Charterer’s sole time and expense (whether as hire or as laytime/demurrage as applicable). Charterers shall be responsible for any and all additional costs, expenses and liabilities whatsoever incurred in such compliance or as a result of any non-compliance. The Charterers are to provide certificate(s) of test from a laboratory which must be approved in advance by Owners at Owner’s absolute discretion, and such certificate(s) of test must show the TML (transportable moisture limit) and FMP (flow moisture point) and moisture content. Such certificate(s) are to be presented to Owners and Master prior to, and as a condition, of the commencement of loading. The Master shall also have the right in his absolute discretion to refuse to accept cargo on board or, after loading, to refuse to sail, where in his reasonable opinion, there is a risk (including but not limited to the risk of liquefaction of the cargo) which could jeopardise the safety of the vessel on the voyage. The Master shall also have the right in his absolute discretion to demand that such cargo be offloaded from the vessel. Such refusal and/or demand to offload shall not be a breach of charter and Charterers shall be responsible at their sole time and expense (whether as hire or as laytime/demurrage as applicable) for all steps required to make the cargo safe and/or to allow the vessel to sail to the satisfaction of the Master. In any event, Charterers are to allow Owners or their representatives to take samples of cargoes prior to, and as a condition, of loading and Owners shall be entitled to test such samples and/or appoint surveyors and/or experts to act on their behalf always at Owner’s discretion. Charterers agree to pay and indemnify owners for all costs and consequences incurred as a result of charterer’s orders to load solid bulk cargoes and all the time taken up by the steps outlined in this clause shall be for Charterer’s account and Charterers shall be responsible at their sole time and expense (whether as hire or as laytime/demurrage as applicable). This clause is always without prejudice to the obligations of Charterers to provide a safe cargo and in relation to loading and nothing done or omitted to be done by the Master or Owners pursuant to this clause shall amount to a waiver of any rights of Owners.
Source: International Group
Published: 2011