Solid bulk cargo charterparty clause

London P&I explains an International Group standard charterparty clause designed to give owners added contractual protection when carrying cargoes prone to liquefy.

Following a number of circulars and alerts about cargoes that are prone to liquefy, the International Group of P&I Clubs has produced a standard charterparty clause to help owners secure additional contractual protection when carrying these cargoes.

London P&I has seen many charterparty clauses that attempt to bypass or reduce the precautions set out in the IMSBC Code, which forms part of SOLAS and should not be compromised. We hope that the recommended wording will help members resist commercial pressure to weaken those provisions.

The clause makes clear that:

• the IMSBC Code and all other applicable international regulations for the carriage of such cargoes must be fully observed by charterers;
• before loading, charterers must provide a certificate showing the FMP, TML and moisture content of the cargo, issued by a laboratory approved in advance by owners;
• the master may refuse to load any cargo, or may discharge cargo already loaded, if in the master’s reasonable opinion it poses a danger to the safety of the vessel and crew;
• owners have a specific right of access to the cargo before loading so they can carry out their own independent analysis to decide whether, in their opinion, the cargo is safe to carry;
• all time and expense incurred in complying with the Code, or arising from any non-compliance, are for charterers’ account, including any expense owners incur in independently sampling and testing the cargo before loading.

Before loading any cargo that may be prone to liquefy, being Class A cargoes under the IMSBC Code, London P&I recommends that members contact the Club or appoint an independent and suitably experienced survey firm to assess whether the cargo is suitable for carriage.