BIMCO Solid Bulk Cargoes that can Liquefy (SBCL) clause for Charter Parties

Further to the Club’s News Alert of 17 August 2011 (click here) advising of the issue by the International Group of P&I Clubs (IG) of a standard charterparty clause which seeks to protect Members when carrying cargoes prone to liquefy, the IG has worked closely with BIMCO to produce an industry standard clause which it is hoped will prove to have a wide acceptance. The clause can be found on BIMCO’s website (click here).

The clause provides, as per the International Maritime Solid Bulk Cargo Code, that if solid bulk cargoes that can liquefy are to be loaded, then the Charterers must provide the Owners with the Shippers’ written evidence that the moisture content does not exceed the Transportable Moisture Limit of the cargo sufficiently in advance of loading. The clause goes on to provide that the Owners may take and test samples of the cargo prior to loading and gives the Master rights to require the cargo to be made safe, offloaded and replaced and/or to refuse to sail if, he reasonably considers it to be hazardous to the vessel and crew.

The Club recommends that the new clause be incorporated into time charter parties that allow for the carriage of solid bulk cargoes that may liquefy and into voyage charter parties fixed for such cargoes.