Two new standard clauses have been developed to allocate responsibility under a charter party for materials provided by and used by the charterers to secure cargo. The clauses were adopted by the Documentary Committee at its meeting in London in May 2008. The Securing Materials Removal Clauses are intended to complement the Dunnage Removal Clauses published last year dealing with the provision, removal and disposal of dunnage, lining and packing materials.
The first paragraph of each Clause sets out the charterers’ basic obligation to remove, at each discharge port, lashing, securing and other materials that have been supplied by the charterers but which are no longer required for cargo operations. Securing materials belonging to the vessel or provided by the owners are not subject to the clause. It should be noted that the obligation to remove such materials is not strict until the final discharge port is reached or, in the case of a time charter party, the redelivery port. The Clauses reflect the fact that in some cases it may simply not be practical or convenient for the charterers to remove securing material at a particular discharge port. In such situations they may defer removal until a subsequent or the final discharge port/redelivery port is reached, provided they properly store the materials.
Where the parties have agreed consecutive voyages and wish to keep on board lashing and other securing materials for further use in cargo operations, such materials must be properly stored. Any securing materials that are no longer required for cargo operations and which the charterers have not removed at interim discharge ports in accordance with the first paragraph must also be properly stored until it can be disposed of. The materials are to be stored as directed by the Master. The handling and stowage of lashing and security materials is the charterers’ responsibility using labour employed by them.
The third paragraph places an absolute obligation on the charterers to remove all lashing and other securing materials that have been supplied by them from the vessel at the final port of discharge/redelivery port.
In the voyage charter party version of the Clause, if there is any time lost after cargo operations are completed due to the charterers complying with their obligation to remove the materials, the owners are compensated for such time in an amount equivalent to the agreed demurrage rate. In the case of the time charter version, delay to the vessel may result in a claim for damages by the owners.
Originally published in BIMCO Special Circular No. 2, August 2008 - Securing Materials Removal Clauses for Voyage and Time Charter Parties.
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