| Archives: September 2007

Award N°1143 – C-P Synacomex – Balance of freight resulting from unpaid despatch money – Tender of notice of readiness – Working days. The charterer was right in counting time as from 8.00 AM on Sunday, because the vessel has arrived on Thursday – holiday in Algeria – and the notice of readiness can only be tendered on Saturday 8.00 AM in accordance with C-P terms. The charterer issued a final statement showing a balance in his favour because of despatch money due.

Award n°1146 – Synacomex C-P – No discharge in the absence of b/l – Time lost – Demurrage (Yes). The b/l being a document of title to the goods, discharging cargo without its presentation, but against a letter of indemnity, is not mandatory for the Captain, whose refusal to discharge was legitimate. Time lost because of the b/l not being presented should be understood as time to count and demurrage is due.

Award N°1142 – Carriage of bagged rice under B/L – Shortage and damage – Substitution of debtor for indemnity of insurance purpose – Subrogated underwriters – Full head owner liability as carrier for wet cargo damages, liability to be shared for damages due to stevedore mishandling. It is not because the indemnity of insurance has been paid to a third party privy to the C-P, that subrogated underwriters have lost their title to sue. If, following the 1924 Convention, the owner bears only part liability for shortage and damage to cargo due to mishandling by stevedores, it bears full liability for mould damages because the carrier must make the ship seaworthy and make the holds fit and safe in order to prevent cargo sweat.

Award N°1145 – Collateral management agreement – Cargo vanishing and cargo damages – Collateral manager liable for the vanishing (Yes) – for the damages (No). According to the contract, the liability of the vanishing of part of the cargo weighs onto the collateral manager because any such vanishing could not have occurred without the fault of 2 employees of the manager. On the other hand, liability for damages to goods in custody does not fall on the collateral manager because the agreement says that “the buyer will be responsible for stevedoring operations inside the warehouse…” and that “…he is to take all necessary actions and precautionary steps to maintain its full value to the pledged goods”. The value of the vanished goods is assessed on its CIF price.