Question and Answers

    Question
    seawizard June 1, 2021
    Under the voyage charter, a safe berth is to be nominated by charterers. If the Master is fully aware of the berth being unsafe, he shall refuse to berth. At some ports, it’s a custom, that a vessel can’t be loaded without touching bottom (which can be soft clay), or during a low tide. In this clause the NAABSA is incorporated into the C/P and in case of any damage sustained by the vessel, Charterer’s are liable.
    seawizard June 1, 2021
    When the Charterer’s are given the right so as to decide about the change in the management on ship this has to be incorporated into the C/P. This clause is called Management Clause
    seawizard June 1, 2021
    This clause results in the fact that claims (related to passenger and cargo) is brought against the carrier and not its servants. This was result of Passenger Ship Himalaya where a passenger sued the ship’s Captain and Bosun, after she fell from the gangway. After that, this clause is generally included.
    seawizard June 1, 2021
    Paramount Clause ensures that the B/L’s issued for cargo carried under the C/P are subjected to the provisions of Hague-Visby Rules. This clause ensures that even if the H/V’s Rules don’t apply compulsorily, they will be applied by contract.
    seawizard June 1, 2021
    When two ships belong to the same owner, this clause treats the vessels as if they belonged to different owners. Therefore, the other clauses and laws apply in the same way.
    marinetales June 1, 2021
    In this clause, the insurer is liable to pay the 3/4th of the claim to the assured, which arises from the legal liability as a result of collision. The insurer indemnifies the assured of the 3/4th of the sum paid. Remaining amount is paid by the P and I club. Points agreed for this clause are: loss or damage to other vessel, delays to other vessel, general average, salvage, damage to property of the other vessel, etc.
    marinetales June 1, 2021
    Countries which have not ratified the collision convention 1910 (USA and others), the collision is not considered to be a peril, unlike Hague-Visby rules which consider collision to be a peril. By this clause, cargo owner can claim his full damage caused by the non carrying vessel. The non carrying vessel than claims his portion from the owners of the cargo carrying ship (which is equivalent to the percentage of blame for the collision). Now the carrier of the cargo claims his portion (which he paid to the non carrying ship) from the cargo owner, i.e, cargo owner indemnifies the ship carrying cargo. However, the validity of the claim was said to be invalid when tested in court. But still it is sometimes included into the charter party.
    marinetales June 1, 2021
    1. Required to protect owners against the possibility of US lawsuits. 2. Under the US law the ship owner can’t claim the contribution to General Average from the cargo owners, when the damage is caused due to fault of Master and crew. 3. However, a clause was added into B/L’s which gave owners the right to claim General Average from the cargo owners. 4. However, validity of this clause was tested in US court and it was found to be valid. 5. This clause was called Jason clause. When salvage was also included into it, it was called the New Jason Clause. 6. This clause is recommended to be inserted in all B/L’s for ships trading in the USA.
    marinetales June 1, 2021
    1. Owner of salved vessel. 2. Charter of salved vessel 3. Owner of cargo. 4. Owner of bunkers. 5. Party to whom the freight is due. 6. Ship’s contribution is given by the P&I Club.
    marinetales June 1, 2021
    Liabilities that are not covered by the P&I Club - 1. Ad valorem of bill of lading 2. Deviation 3. Delivery of cargo in a port other than that specified in the bill of lading 4. Failure to arrive or late arrival at the port of loading 5. Delivery of cargo without production of B/L 6. Arrest or detention of ship 7. Clean bills of lading in case of damaged cargo. 8. Ante – dated or post – dated bill of lading related claims
    marinetales June 1, 2021
    Following claims are covered by P&I Club - 1. Liabilities with respect to seaman. 2. Liabilities with respect to passengers. 3. Liabilities with respect to the persons other than seaman and passengers. 4. Diversion expenses. 5. Liabilities for life salvage. 6. Collision with other vessels. 7. Loss or damage to property. 8. Pollution 9. Towage 10. Special compensation to salvers. 11. Fines 12. Cargo liabilities. 13. Ship’s proportion of the General Average.
    marinetales June 1, 2021
    1. It’s a document that depicts ship’s compliance with maritime sanitation and quarantine rules laid down by IHR of WHO. 2. It’s a proof that ship is free of clear sources of contagion and is a requirement for permission of entry into port. 3. Issued by competent health authorities after inspections. 4. It has a validity of 6 months. 5. Certificates can be of two types: > Ship Sanitation Control Exemption Certificate – issued to a vessel that has passed inspections verifying that the ship is free of animal vectors, potential diseases or ill humans. > Ship Sanitation Control Certificate – issued to vessel when a health risk is found and control measures (fumigation etc) has been carried out. 6. It replaces the deratting certificate of 2007.
    marinetales June 1, 2021
    1. Render assistance to other ships and crew, without endangering himself. 2. To stay by the ship until ascertained that no further assistance is needed. 3. To tell the other ship, name of the ship, port of registry, last port and next port. 4. Entry in Official Log Book and Signed. 5. Report to the Central Govt (within 24 hours), details of the accident, stating name of the ship, Port of registry, official number and its present location. 6. If pollution occurs, inform flag state and near coastal state. 7. Minimizing flooding and damage. 8. Inform underwriters/owners/flag state. 9. Prepare for minimizing pollution. 10. Collect evidence. 11. Prepare for salvage, if required.
    marinetales June 1, 2021
    It is a form of salvage contract in which the salver receives no payment if he fails to save the property. The payment is only made under this scheme, only if, the party makes a successful claim
    marinetales May 30, 2021
    Constructive Total Loss or CTL occurs when the subject matter insured is reasonably abandonment on account of Actual Total Loss appearing to be unavoidable; or 1. The subject matter can’t be preserved back from a stage of ATL without an expenditure that will prove quite a loss. 2. Cost of repairing the ship from a peril state will be more than it’s actual cost when repaired. 3. Notice of abandonment to be given.
    marinetales May 30, 2021
    Actual Total Loss is said have happened - 1. When the insured object is destroyed. 2. When the insured object is so damaged that it ceases to be a thing of the kind insured. No notice of abandonment needs to be given in this case. 3. When a ship goes missing and after a lapse of reasonable time there is now news of it, then also actual total loss is presumed.
    marinetales May 30, 2021
    1. It is the right of an insurer, after he pays for a loss, to assume the rights of the insured to recover this loss from the responsible party. 2. After a claim from the assured has been settled and paid by the Insurer, the insurer is now entitled to place himself in the position of the Insured, to the extent of acquiring the insured rights and remedies in respect of loss. 3. This prevents the insured from collecting his losses twice and reduces total cost of the claim. 4. The whole point of subrogation clause is that Insured cannot make any profit from his loss.
    marinetales May 30, 2021
    1. Particular Average is defined by Marine Insurance Act as a partial loss caused by a peril insured against and which is not a General Average loss and is a partial loss arising from accident. 2. Particular average loss falls directly on party interested in subject matter. 3. So, in case of hull damage the ship owner / underwriter will bear the loss. 4. Examples are: loss of deck cargo in heavy weather, damage to hull/cargo due to fire, damage to ship/cargo due to collision etc.
    marinetales May 30, 2021
    1. It’s the codification of the laws of General Average, the maritime principle that specifies that all parties involved in a sea-venture must proportionately share the losses that results from sacrifices made to the cargo to save the remainder. 2. Under these rules, a danger must be imminent and there must be a voluntary jettison of a portion of the ship’s cargo in order to save the whole and the attempt to avoid the danger must be successful. 3. If the above is true, then all parties involved in the maritime adventure must share proportionately the financial burden of the losses incurred to the owner of any cargo that was jettisoned to save the vessel.
    marinetales May 30, 2021
    Vital difference between COA and consecutive voyage contract is that the former is based on the cargo while the latter is based on the named vessel. In Voyage Contract, if the ship becomes a total loss, the obligation of the carrier ends as the carrier is no longer available to the charterers. While in COA, if ship owner intends to carry the cargo in his own vessel, even though he had the option of carrying it in any vessel. If that vessel becomes a total loss then the ship owner is liable to charterer and obliged to fulfill its contract.
    marinetales May 30, 2021
    Following are the limits of liability as per the Hague Visby Rules - 1. Maximum liability 666.67 units of Account/Kg or 2 Units of Account/Kg whichever higher, unless nature and value of goods declared and inserted in B/L. 2. Unit of Account is SDR, defined by IMF and is declared daily. 3. Number of packages in container covered in B/L, determine liability and if not then container is considered one Package.
    marinetales May 30, 2021
    1. Shippers and consignee names and addresses. 2. Date of Bill of Lading 3. Special Account no used for order tracking. 4. Load port and Discharge port. 5. Number of Shipping Units, type of packaging, correct shipping name. 6. Exact weight and quantity of shipment. 7. Number of copy - whether original or copy 8. Signed by Master.
    marinetales May 30, 2021
    Particularly Sea Sensitive Areas or PSSA is an area that needs special protection through action by IMO because of its significance for recognized socio-economic, ecological or scientific reasons and because it is vulnerable to damage by international maritime activities. Examples of PSSA are: Great Barrier Reef, Sabana Camaguey Archipelago, Cuba, Malpelo Islands Canada, Wadden sea, sea around florida keys, western European waters.
    marinetales May 30, 2021
    Following amendments were adopted to STCW (Manila Amendments) 1. Improved measures to counteract fraudulent practices of CoC. 2. Revised work hours and rest requirements and updated medical standards for crew fitness. 3. New certification for AB’s. 4. New requirements for ECDIS training. 5. New requirements for training in leadership and teamwork. 6. New training and certification requirements for ETO’s. 7. New requirements for security training. 8. Introduction to modern training methods including web training. 9. New training guidance for DPO’s. 10New training guidance for personnel operating in polar region.
    marinetales May 30, 2021
    Steering Gear testing is required by the SOLAS regulation 26 Chapter V. Within 12 hours prior departure, Steering gear to be checked by ship’s crew Following shall be tested- 1. The main steering gear. 2. The auxiliary steering gear. 3. Remote steering gear control stations. 4. Steering position located on Navigation Bridge. 5. Emergency power supply operation 6. Rudder angle indicator in relation to the actual position of the rudder. 7. Power failure alarms. 8. Automatic isolating arrangements and automatic equipments. 9. Full movement of rudder from hard over to hard over under required time 10. Visual inspection of steering gear. 11. Means of communication between bridge and ECR. 12. Block diagram for steering gear system to be displayed. 13. Officers/crew to be familiar with change over procedures. 14. Emergency drills to be carried out at least every 3 months 15. Date and time of tests/checks/drills to be recorded and logged down.