If, by reasonable inspection, the Master and/or his representative have been able to determine the number, quantity and weight loaded on board, but the shippers' figures stated in the bills of lading are different from the Master's figures by an amount beyond a "normal" difference (we will discuss the normal difference later), the Master should request the shippers to remove their figures from the bills of lading. In no circumstances the Master is obliged to issue the bills of lading with false figures ( even provided by the shippers/charterers). However, should the shippers/charterers be insisting on their figures to be shown, the ship's figures should be used as well. The Master clauses the bills of lading with the ships's figure, for instance with a wording "ship's figures, as per draft survey 27'942 mts" or "3 big bags in dispute".
It is not sufficient to clause the bills of lading with "number, weight and quantity unknow", given that the Master has determined the number, weight and quantity and found that the difference with shipper's figures is beyond normal. However, if the difference is equal to or less than normal, the clause "number, weight and quantity unknow" can be applied.
So, what is the normal difference?
It may become disputable in some cases, but the accuracy of the properly executed draft survey is 0.5%. Apparently, if the shippers' figures exceed the Master's figure given by draft survey by more than 0.5%, the bills of lading should be claused. To avoid possible claims for shortage at destination, it is in practice of shipowners to order a draft surveyor from the P&I corespondent (at the port of loading).
Interestingly that the Master can fairly clause "number, quantity and weight unknown", if the Master's figure exceeds the shipper's figure in the bill of lading presented for signature.
Both the ship and the shore should recalculate their figures as mistakes are well possible.
The Master should be beware of the "shippers'" clauses like "shipped on board" or "clean on board", as such statements may be interpreted that cargo was loaded in accordance with shipper's figures. The Master should deal with such clauses as we discussed on the ... of June in section "General Clausing".
If the Hamburg rules are applicable, the Master should be cautious to specify all inaccuracies or the absense of reasonable means of checking.
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