Interclub Agreement Voyage Charter

If the lack of freight or damage caused by Stevedores is caused, charter-stevedoring rules could allow the owner to recover from his travel charter. However, in the absence of an express clause that could support a right to compensation for the shipment, the owner cannot assert the right of his charter of travel unless he can prove an unspoken right to compensation. This requires owners to demonstrate that liability arose from a disparity with the bill of lading for which the charterer is responsible. Notes: While the main objective is to use these chartered parts, the parties may, if they wish, incorporate into other forms of chartering by agreement. However, this should be done with caution, as not all charter forms are compatible and there may be disagreements. We are not aware of a decision of the English court in which a shipowner received tacit compensation from his charter for losses resulting from a bill submitted to the signature describing the condition of the cargo. Practical problems, regardless of the Treaty`s point of view, may be different. In addition, it is not always easy to determine who the carrier or carrier is. A bill of lading is often signed by a charterer or his agent, supposedly in the name of the Master. The invoice can be issued on the charterer`s form, with its name and details on the front. In some countries, this may be sufficient to prove the bill for a contract with the charterer, not with the shipowner.

In other countries, the invoice may still be proof of a contract with the owner and not with the charterer, depending on the exact terms in the signature field and the clauses on the back. “The owners guarantee that the vessel will be registered and will remain in a P-I association for the duration of this charter. The entrance covers, but is not limited to the ordinary coverage of freight rights. In the event of damage and/or loss of the cargo carried on the vessel to which the owners and/or charterers could be implicated in the conditions of that party to charter, the owners and/or charterers, upon request, grant a reasonable extension of time for the start of the trial in each case. These extensions do not affect the final liability of both parties. Responsibility for cargo claims between charterers and owners will be distributed and settled in accordance with Interclub New York Produce`s 1996 exchange agreement and subsequent amendments. English law will also include a potentially extended clause requiring a time charter to compensate its owner for the consequences of complying with the charterer`s instructions on the use of the vessel. Die Bedingungen der CharterpartyKlar sind die Bedingungen der Charterparty von entscheidender fer die Entscheidung, wer die endg-ltige Haftung tr-gt.

Many arbitration procedures have been decided on a word, phrase or phrase in a clause of the contract. For a charterer and a shipowner, the conditions of the charter party are therefore at least as important as the conditions of the bill of lading. Unfortunately, some of the charter parties who see Gard services contain clauses purportedly relating to the liability of cargo requests which, at best, appear to have been assumed literally by another form of charter to which they were better equipped or, in the worst case, in total contradiction with another part of the contract.