Voyage Charters
Page 870
Chapter 27
General Ice Clause
17 General Ice Clause | 251 |
Port of loading | 252 |
(a) In the event of the loading port being inaccessible by reason of | 253 |
ice when vessel is ready to proceed from her last port or at any | 254 |
time during the voyage or on vessel’s arrival or in case frost sets | 255 |
in after vessel’s arrival, the Captain for fear of being frozen in is | 256 |
at liberty to leave without cargo, and this Charter shall be null and | 257 |
void. | 258 |
(b) If during loading, the Captain, for fear of vessel being frozen in | 259 |
deems it advisable to leave, he has liberty to do so with what cargo | 260 |
he has on board and to proceed to any other port or ports with | 261 |
option of completing cargo for Owners’ benefit for any port or ports | 262 |
including port of discharge. Any part cargo thus loaded under this | 263 |
Charter to be forwarded to destination at vessel’s expense but | 264 |
against payment of freight, provided that no extra expenses be | 265 |
thereby caused to the Receivers, freight being paid on quantity | 266 |
delivered (in proportion if lumpsum), all other conditions as per | 267 |
Charter. | 268 |
(c) In case of more than one loading port, and if one or more of | 269 |
the ports are closed by ice, the Captain or Owners to be at liberty | 270 |
either to load the part cargo at the open port and fill up elsewhere | 271 |
for their own account as under section (b) or to declare the Charter | 272 |
null and void unless Charterers agree to load full cargo at the open | 273 |
port. | 274 |
(d) This Ice Clause not to apply in the Spring. | 275 |
Port of discharge | 276 |
(a) Should ice (except in the Spring) prevent vessel from reaching | 277 |
port of discharge Receivers shall have the option of keeping vessel | 278 |
waiting until the re-opening of navigation and paying demurrage, or | 279 |
of ordering the vessel to a safe and immediately accessible port | 280 |
where she can safely discharge without risk of detention by ice. | 281 |
Such orders to be given within 48 hours after Captain or Owners | 282 |
have given notice to Charterers of the impossibility of reaching port | 283 |
of destination. | 284 |
(b) If during discharging, the Captain, for fear of vessel being frozen | 285 |
in, deems it advisable to leave, he has liberty to do so with what | 286 |
cargo he has on board and to proceed to the nearest accessible | 287 |
port where she can safely discharge. | 288 |
(c) On delivery of the cargo at such port, all conditions of the | 289 |
Bill of Lading shall apply and vessel shall receive the same freight | 290 |
as if she had discharged at the original port of destination, except | 291 |
that if the distance of the substituted port exceeds 100 nautical | 292 |
miles, the freight on the cargo delivered at the substituted port to | 293 |
be increased in proportion. | 294 |