The purpose of this Clause is to ensure that scrap metals cargoes are loaded in accordance with the soft-landing methods set out in Annex 9 (Safe Stowage and Securing of Metal Scrap in Bulk) of the IMO Code of Safe Practice for Cargo Stowage and Securing.
(a) Cargo for the purpose of this Clause shall mean scrap metal, excluding metal borings, shavings and turnings. The Charterers shall instruct the Terminal Operators or their servants to load the cargo, other than by magnets, in accordance with, where appropriate, Annex 9 of the IMO Code of Safe Practice for Cargo Stowage and Securing. Compliance with the provisions of Annex 9 of the above mentioned IMO Code shall not affect the counting of laytime.
(b) In the event that the Charterers, the Terminal Operators' or their servants do not comply with the provisions of (a) the costs for any damage caused to the Vessel as a result thereof and any time spent repairing such damage affecting laytime shall be for the Charterers' account.
(c) All claims for damage referred to under (b) above shall be reported by the Master to the Charterers or their agents in writing within 24 hours of the occurrence or, as soon as the damage could reasonably be expected to have been discovered by the exercise of due diligence without prejudice to the Charterers' liability. The Master shall use his best endeavours to obtain written acknowledgment by the responsible party causing the damage unless they have made good the damage in the meantime.