Bunkering

P & I Bunkering Clause: sets out owners’ rights to deviate for bunkers during the contractual voyage. Clause Paramount: incorporates a set of rules into the contract (and into bills of lading issued under the contract), which govern the rights and responsibilities of the carrier. Appropriate amendment should be made to the older forms to ensure that the latest rules apply, the MULTIFORM updating the long established Hague Rules, to incorporate the Hague/Visby Rules of 1968. Other charterparties involving voyages to/from America and/or Canada should utilise either the USA or the Canadian Clauses Paramount (see the AMWELSH, Clause 24). Both to Blame Collision: covers an owner’s rights in respect of American Law in case of collision at sea. Lien and Cesser: (Clause 24). Most charterparties contain a cesser and lien clause and the MULTIFORM (and AMWELSH Clause 21) are no exceptions. Ice: (Clause 32). Depending on the trade involved, it may not be necessary for an ice clause to be included in a charterparty, but where one is required, great care should be taken over its wording. The MULTIFORM uses the BIMCO-recommended GENCON ICE CLAUSE, which is widely reproduced in other charterparty forms. The object of an ice clause should be to prevent a shipowner and his master being left with no alternative but to attempt to proceed to a contractual destination irrespective of ice conditions, and to avoid damage that may be caused to ship and cargo as a result. War Risks: (Clause 32). War risks clauses should be examined in detail as some are unfair to shipowners, others to charterers and/or patently unsuitable for the purpose intended. For example, the Chamber of Shipping War Risk Clauses 1 and 2 are some fifty years old, out of date, and silent on several important issues, one being cancellation rights in the case of an outbreak of war before or after a vessel’s voyage to her loading port, or after arrival. Yet still the Chamber of Shipping Clauses are widely utilised.