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Voyage Charters


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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


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27.1 The General Ice Clause appears designed to provide a code for dealing with the effects of ice on the contractual voyage. Unfortunately, the “code” does not cover all eventualities.1 Moreover, the eccentricity of its drafting raises a number of further problems.

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