In an effort to strengthen the position of owners and counter the incorporation of charter party clauses that seek to inhibit the owners’ ability to appoint their own cargo surveyor to carry out checks on the cargo, BIMCO, working together with the International Group of P&I Clubs, has produced a new standard clause entitled the BIMCO Solid Bulk Cargoes that Can Liquefy Clause for Charter Parties.
The potential hazards associated with the carriage of solid bulk cargoes that may liquefy have been well publicised. Ship owners often find themselves under significant “commercial pressure” to load such cargoes without being able to take the necessary safety precautions to check moisture content. In an effort to strengthen the position of owners and counter the incorporation of charter party clauses that seek to inhibit the owners’ ability to appoint their own cargo surveyor to carry out checks on the cargo, BIMCO, working together with the International Group of P&I Clubs, has produced a new standard clause entitled the BIMCO Solid Bulk Cargoes that Can Liquefy Clause for Charter Parties. A key feature of the Clause is that it requires charterers to provide the owners with written evidence from the shippers that the moisture content of the cargo does not exceed the Transportable Moisture Limit. The Clause also allows for the owners to be able to take their own test samples of the cargo prior to loading and for the master to be able to refuse to accept the cargo (or to sail if already loaded). BIMCO highly recommends that any owner contemplating a fixture which may involve the loading of solid bulk cargoes that can liquefy should incorporate this Clause into their charter party. The Clause has been issued as a Special Circular to all BIMCO members (No. 4, 25 July 2012) and is available to download from the below link as well as through the IDEA Clause Manager.
