Supply of Cargo

Practical and chartering point of view it is important to consider the quantity of cargo to be supplied and the guide for this is what has been agreed in the charter- party and may reasonably be described as in the follow paragraphs (it is a topic that those of us fixing every day talk about without looking at the law regulating it). Full and complete cargo is a cargo that, when properly stowed, occupies the full volume of the ship’s cargo spaces, or brings the vessel down to her maximum permissible loading marks. Cargo spaces do not include passenger or crew accommodation, machinery spaces, store rooms, ballast or bunker tanks. Indeed, in many countries of the world, if cargo is found in any of those spaces it is likely that the vessel will receive a hefty fine for smuggling. Cargo quantity may be specified: a) 130,000 mt 5% More Or less in Owners’ Option (MOLOO) or b) 130,OOOmt5% More or less in Charterers’ Option (MOLCHOP) or c) Minimum 130,000 mt Charterers’ Option up to Full Cargo, No Deadfreight For Charterers’ Account Provided Minimum Quantity Supplied (CHOPT FC NDFCAPMQS). In practice these mean that the charterer should supply: a) Any quantity the master calls for between 123,500mt and 136,500mt b) Any quantity between 123,500mt and 136,500mt
c) Min 130,OOOmt up to vessel’s full capacity. In this instance, suppose the master calls for 140,OOOmt, the charterers will not be required to pay deadfreight provided they have supplied at least 130,OOOmt. The cargo supplied should not be a Dangerous Cargo. Some charters, for example the Gencon, if not amended, do not prohibit the carriage of dangerous goods. In practical terms it is worth considering that a large number of cargoes are dangerous if they are not handled or stowed properly. Bulk grain cargoes, if not properly secured, may shift when a vessel is inclined by wind or waves whilst at sea causing the vessel to list, possibly dangerously. At certain times of year coal loaded on the west coast of India is wet as a result of monsoon rains and may, whilst drying naturally in a vessel’s hold, heat up and spontaneously combust and catch fire. The dangerous goods we are considering here, though, are those to be found listed in the IMO Dangerous Goods Code. Under English law there is an obligation on the shipper or charterer not to load dangerous cargo without giving notice to the vessel so that precautions can be taken to ensure that the cargo can be carried without causing damage to the vessel. The charterers are liable if the necessary warning is not given, whether or not they are the shipper of the cargo.