ROB or Cargo Retention Clause
In the event that any liquid, pumpable or reachable cargo remains on board upon completion of discharge, Charterers shall have the right to claim from Owners an amount equal to the FOB loadport value of such cargo plus an apportionment of freight, with respect thereto, provided that the volume of cargo remaining onboard is liquid and reachable and pumpable by the vessel’s fixed pumps or would have been liquid and reachable and pumpable but for the fault and negligence of Owner(s), the Master, the vessel or her crew (including, but not limited to incorrect trim procedures) as determined by two surveyors to be appointed, one appointed and paid by Charterers and one by Owners whose finding shall be final and binding.
ROB or Cargo Retention Clause - Commentary
Suitable for
Tanker Charterparties.
Purpose
It continues to be common to give a right for Charterers to retain sums from freight when pumpable cargo is retained onboard the vessel. It is usual to allow deduction of the FOB value of the retained cargo plus the freight attributable to that part of the cargo. However, most clauses provide for some independent surveyor to certify the ROB figure. We refer to the Commentary to the INTERTANKO ROB clause. The Clause above is a shorter alternative to the INTERTANKO Clause.
We would like to notify members that if there is no determination by two independent surveyors who confirm the exact amount remaining on board and that it is liquid, reachable and pumpable, there will subsequently be no right for Charterers to deduct the ROB value from the freight.