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CHAPTER 7 Charterers’ Obligation to Provide Cargo

Voyage Charters

CHAPTER 7 Charterers’ Obligation to Provide Cargo Charterers’ Obligation to Provide Cargo [clause 1 continued] … which the Charterers bind themselves to ship … 14 15 [clause 1 is continued below] Nature of the charterers’ obligation 7.1 The phrase under consideration here states what is, perhaps, obvious: it is the obligation of the charterer to make the cargo available for loading, an obligation which would be implied if not expressly stated. This is particularly important if the provision of cargo is necessary in order that the vessel should be permitted to proceed to the agreed loading place. 1 The charterers’ obligation to provide cargo for loading is absolute and non-delegable, 2 subject only to the exceptions set out below, 3 so it is not sufficient that all reasonable diligence has been exercised to obtain the cargo. The obligation is distinct from, and additional to, the obligation to load within the laydays and charterparty exceptions are normally to be read as protecting charterers only in respect of their duty to load, and not as covering their duty to provide cargo. 4

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