Conwartime

A War Risk Clause should provide a shipowner with the right to refuse to allow his vessel and her crew to enter or to remain in an area which has become dangerous due to warlike activity. To accomplish this objective, MULTIFORM uses the VOYWAR 1950 Clause, itself forty years old and although better suited to current needs, biased in owner’s favour. BIMCO recommended their own Standard War Risk Clauses – “Voywar 1993” and “Conwartime 1993” and these represent the best current position. A quick glance down the list of charterparties in Appendix 4:1 will show various voyage charterparties under the headings, grain, coal, fertilisers, etc. As well as containing basic clauses as detailed in the above ‘elements’ section, each of these ‘trade’ charterparties has specific clauses that are of particular import for the commodity involved. It is usual in grain trading that full freight (or at least a substantial percentage) is paid before release of the bill(s) of lading by the owners/master to the shippers. The responsibility of paying the cost of loading can vary, being negotiable as either for owner;s account and referred to as ‘gross load’ or for charterer’s (shipper’s) account either referred to as ‘free load’ (free of expense to the vessel) or ‘nett terms’. The NORGRAIN clauses 10 & 11 leaves it to the parties to decide and to record the result of their negotiations. Coal: The AMWELSH in Appendix 4:3 is now the world’s major coal charterparty dealing not only with cargoes of coal from America (as the name implies) but with coal cargoes from elsewhere – e.g. Australia. The latest edition was revised in 1993 from the original version which, as the full name tells us, was an adaptation of the Welsh Coal Charter 1896 and some of the wording is over a century old. Here loading costs are payable by Charterers; loading, dumping and spout trimming costs (see Clause 11). Dumping is specific to the practice in America of ‘dumping’ coal from railway wagons at the loading port.