13/82

Owners not protected by Article IV rule 2 of Hague Rules where vessel unable to de-ballast owing to crew’s negligence

The claimant charterers entered into a contract of affreightment with the respondents whereby the respondents agreed to load on vessels to be nominated varying quantities of crude oil between 1975 and 1979. The contract incorporated the terms of the Beepeevoy form and the Hague Rules. In October 1978 the respondents nominated the vessel to load a cargo of crude oil at an Iranian port. Notice of readiness was accepted and the vessel arrived at the loading berth, but because of a breakdown of her auxiliary boiler she was unable to de-ballast and could therefore not load the cargo stemmed for her. The charterers claimed damages. The arbitrator found that the breakdown was the result of a shortage of water in the boiler and that the crew were negligent in the servicing and maintenance of the alarm mechanisms. The respondents relied on the exceptions of Article IV, rule 2(a), of the Hague Rules, which provided: