Thursday 9 July 2009

Case study : part 2

The cargo marks were apparently unknown to the Master. Indeed, in this situation, the Master is not obliged to issue the bills of lading showing the cargo marks, but given that the marks can not be neglected, the bills of lading should be claused with "cargo marks unknown".

Due to a great deal of work to be done with the cargo inspection, a surveyor was appointed by the shipowner to cooperate with the Master.

However, both the Master and the surveyor have not determined that some cargo marks, presented in the bills of lading, are different from their findings. Otherwise, surely, they would clause the bills of lading to reflect such discrepancy.

Moreother, some generals were stowed on weather deck, and the marks on them were not clear enough by the time of stowage. Apparently, such marks would not remain legible until the end of the voyage, but this was not claused in the bills of lading with "marks not clear", or "Master suspects that marks will not remain legible until the end of the carriage".

Fortunately, there were no conflicting statements to the Master's clausing, which the Master should have been beware of e.g. "shipped on board" or "clean on board". (Frankly, the Master was very apathetic to clausing, and delegated all the work to the surveyor). Besides, the Hamburg Rules were not applied. Otherwise, the Master would have to specify any inaccuracy, grounds of suspicion or the absence of reasonable means of checking.

To be continued ...

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