Documents

Diapositiva 1

sin mercantile businessDocuments Correspondence &Cargo matters Parties concerned with transportation Conferences (Hamburg / Hague-Visbee Rules) The Charter Party The Mates Receipt The Bill of Lading (B/L or Blading) Average and indemnification The Sea Protest and Statement of Facts Letter of Protest Notice of Readiness (NOR) Cargo manifest Captains DeclarationPARTIES CONCERNEDthe shipper (or consignor)person or company who supplies or owns the cargo that will be transportedthe carrierthe shipowner, usually referred to as the Ownersthe consignee (recipient)the person or company to whom the cargo will be deliveredthe chartererthe person or company who wishes to charter (hire) the vesselthe shipbroker (or agent)the intermediary between shipper and carrierMarine Insurance Companies and P&I* Clubs (underwriters) will insure all parties against losses due to perils and risks (*Protection & Indemnity). Conference RulesHAMBURG RULESThe carrier is liable for cargo damage unless he has taken all reasonable measures to avoid losses.Conference Rules have been made up to determine the carriers liabilities during the transportation of cargo, and to protect him against unjust claims.HAGUE / VISBEE RULESThe carrier will be protected against claims when specific defences have been applied; in exchange the carrier must exercise due diligence and shall properly load, handle, carry, keep, care for and discharge the cargo.THE CHARTER PARTYA Charter Party is a contract between a shipowner and a charterer who wishes to charter (hire) a vessel or part of a vessel for the carriage of cargo.Demise - or bareboat Charter:charterer charters the vessel without its crew.

Non-demise Charter:shipowner provides both the vessel and her crew.Time Charter:the vessel is chartered for an agreed period of time.

Voyage Charter:the vessel is chartered for (a) particular voyage(s).MATES RECEIPTCargo-receipt with all the particulars and amounts of the cargoes that have been loaded on board the vessel.Deadfreight: when the amount of cargo received by the vessel does not agree with the amount stated in the Charter Party. The master will now make up a Deadfreight Letter that will indemnifythe shipowner against claims from the owner of the cargo. The Bill of Lading will now be claused as foul. A clean Blading: no cargo is damaged or missing.BILL OF LADING (B/L)A B/L states the full particulars of the cargo that has been delivered to and received by the vessel. Contract of transportation between carrier and the party that holds the B/L.Document of Title:he who owns the B/L is the owner of the goods it describes.A B/L is a negotiable document, which means that it can be sold. names of the shipper, consignee, carrying vessel and notifying address

cargo shipping marks, package numbers, contents, cubic measurement, gross weight, etc.

- port of loading and port of discharge

- freight, terms of carriage and payment

number of Bills of Lading

masters signature (or his agents) and the date.A Bill of Lading states:Foul (or Claused) Bill of LadingWhen there is a discrepancy (a difference) between ship and shore figures (according to the tally notes), or when cargo has been damaged by the pre-carrier or shoregang, the Master of the vessel will clause the Bill of Lading as FOUL. LIABILITYThe question is: who is to blame (who is liable) for the missing or damaged cargo.This can either be the charterer or the shipper, not the shipowner.Average (damage to ship and/or cargo)Particular AverageDamage or particular loss through accidental cause.General AverageDeliberately inflicted damage to prevent more damage or loss(e.g.: - jettison of cargo - damage by water after extinguishing a fire - damage after refloating effort - cost for overdue arrival in discharge port due to Act of God (i.e. natural disaster). Indemnification- always convene pre-arrival meetings perform a pre-shipment inspection of cargo: if cargo is not in apparent good order you must clause the Blading (FOUL) only sign documents when you are authorized; or better: sign for receipt only - contact the office. never sign a Letter of Indemnity (Back Letter) (which is not a legal tool and is regarded as a conspiracy between shipper and carrier to defraud the consignee). tally cargo that is brought on board - if tally notes have different figures: count again!Indemnify yourself from any liability by applying GOOD SEAMANSHIP! P&I VideoClick hereSEA PROTEST(NOTE OF PROTEST)Legal document, declaring that due to circumstances beyond control the vessel has suffered losses of cargo or damage to ship and/or cargo. (It is made up by a Notary Public or the Consul of the country of registration). Protest must be made up in the event of the following:- general average (deliberately inflicted damage to prevent more damage) wind and / or sea conditions that have caused damage or delay (Act of God ) - breach of contract by the Charterer, the Consignee or their agents.A Sea Protest is often preceded by a written Statement of Facts, made up by the Master, to specify the circumstances that have caused the damage or loss. LETTER OF PROTESTA Letter of Protest is a written declaration to record complaints concerning any operational matter performed by a recipient or other party that will protect the Master from any blame.It is not a legal document.

A letter of Protest is written in case of:mishandling of cargo, delivery of wrong fuel, violation of regulations, berths unclear, equipment that has become inoperative, misconduct or negligence by shore gang,discrepancy between ship and shore figures, etc.P&I VideoClick hereOther documents Notice of Readiness (NOR) Cargo manifest Captains DeclarationNOTICE OF READINESS - NORThe master informs the shipper, the consignee and the authorities that the vessel is ready to load or discharge.

A NOR must contain: - ports of loading / discharging, - time of commencement of loading / discharging, - type of cargo and tonnage.

Some important expressions:reporting day: the day that the NOR must be handed over to according to the Charter Party.

detention: delay in the loading or discharging of the cargo.

demurrage: compensation of damages due to detentionCARGO MANIFESTShips document containing all the particulars concerning the cargofor each separate destination.

CAPTAINS DECLARATIONA Captains declaration must contain:- vessels name, call sign and flag- owner and charterer- tonnages, dimensions- times of arrival, embarkation of pilot- number of tugs used - draft on arrival- cargo to be loaded and/or discharged- number of holds, hatches, decks, derricks, winches - type of engine and propeller- service speed- bunker- ports of call and destination- other requested data.Declaration to authorities with the vessels particulars during the past voyage.