轻载之前走锚

chengsisi

杨先生,您好.我是上海海运毕业的.在一家做TRADER的租家公司做操作. 大三时开始接触专业课,拜读您的书,受益匪浅.在工作中遇到问题,想向您请教一下. 我公司做VC租了希腊船东一条CAPE船从巴西的GIT到中国的SHEKOU.合同规定是RIDER CLAUSE如下:
disport : 1(2)sas 1(2)sbs 1(2)sps shekou opt huangpu opt mawan,prchina chtrs gurantee draft in shekou max 16.8m smsw , lightering to be for chrtrs acct and time to count in full at dischport chtrs g'tee max d/as $80,000 lps in/out all inclusive and to be decucted fm initial frt without supporting vouchers lightening clause at discharge port
1.the charterers shall have the right, where and when it is customary and safe for vessels of similar type and size to do so, to order the vessel to lie at a safe anchorage to be lightened by customary port barges or lighters;
2. any such operation is always to be effected to the full satisfaction of the master regarding general safety and is to be carried out in accordance with sound and proper marine practice. charterers are to provide and pay for all fenders or other equipment as may be required to enable any of the operations mentioned in this clause to be completed safely.
3. weather working days of 24 consecutive hours does not apply in case of lightening. lightening time, including time waiting at anchorage for lightening count in full without any exception whatsoever.
4. it is expressly agreed that the master shall have the right to refuse to allow the vessel to perform as provided in paragraph(1) above if in his reasonable opinion it is not safe to do so. if at any time the master considers, at his sole discretion, that the safety of his vessel is endangered he has the right to immediately order lighters away from his vessel. all costs and expenses incurred as a consequence shall be for charterers account, and time will count in full without any exception whatsoever.
5. charterers are to give notice to owners not less than three working days in advance when such an operation is to be performed, advising: a) the nature of the operation; b) where the operation is to take place; c) the type and quantity of cargo involved;
6. the charterers expressly agree to hold owners harmless against and indemnify them in respect of any costs, damages and liabilities resulting from any of the perations mentioned in this clause.
船舶进入在香港URMSTON锚地(蛇口港惯常减载锚地), 抛好锚等待驳船减载的时候船舶发生走锚,被香港海事处强令增加2个拖轮和引水. 之后从新抛好锚才开始减载作业. 希腊船东说这是不安全港口,所有的费用时间都有租家负责.我想请问您一下, 1.租家能否根据列名港口的安全责任在船东来回击, 2. 如果上条理由不行,能否通过很多相同或更大尺寸船舶在此地无事故减载, 和香港海事处接受此船来证明此锚地是安全的 3. 实际减载3天后,由于此走锚的耽搁,减载完成时已经赶不上潮水进蛇口港靠泊,要多等半天,此时间是否是算船东的? (我个人觉得,租家必须证明如果不走锚,减载完成的时候可以称潮水靠泊,但是这没法证明或很难) 4. 从走锚到备妥的时间损失是否由船东来承担?

chengsisi

Re: comment

Firstly, I would like to thank you for your comment.

Secondly, I think I cannot agree with you on the issue that there is no relationship between a safe port warranty and a named port. Please refer to “the Archimidis”, in that case, the judge ruled that charterers guarantee the safety of the port if both parties agree “one safe named port”. Therefore, in this case, the safety of the port should be guaranteed by charterers, let alone the charterers promised in the C/P “the charterers shall have the right, where and when it is customary and safe for vessels of similar type and size to do so, to order the vessel to lie at a safe anchorage to be lightened by customary port barges or lighters”;

Thirdly, I totally agree with your suggestion that we should make sure that if the ship suffered any physical damage. However, my understanding is that when the shipowners alleged that the port was unsafe, they indented to let the charterers assume the time lost and cost and expense caused by the drag of anchor, because the shipowners did not tender any NOR then.

Last, I was told that the ships are often drag of anchor in URMSTON anchorage, so I was not so sure that the drag of anchor was either caused by this distinct characteristic which would render this discharging port unsafe or by the negligence of crew. As to the time waiting for the tide, i have to say that there is WIBON clause in this charter, so time waiting for tide should be assumed by the charterers. My problem is if there had not been any drag of anchor, the ship would have got the tide and started discharging earlier.

wating for your another comment.

chengsisi

呵呵，郭兄，期待你深思熟虑之后的答复

chengsisi

5# guoxinwei

Your comments are educational. Obviously, I have to say that you are a good writer, and if you are billing on a time basis, you will make big money. Just kidding!