Claims Review 34

05/04/2016
Marine surveyors in Germany were engaged by charterers to attend the loading of a cargo and report on any damage caused by the stevedores.

05/04/2016
A London broker was the sole broker in relation to a contract of affreightment (“COA”). The COA contained a base freight rate for Rotterdam discharge. The freight rate was stated to be on the basis of a specified discharge rate.

05/04/2016
A marine consultant was engaged to undertake the design, approval and tender process in respect of the construction of a double hulled bunker barge. The barge was intended to service the local market and to replace an existing barge which had a licence to operate with two years left to run. The customer and marine consultant signed a “Professional Services Agreement” (the “Agreement”).

05/04/2016
A ship agent booked two containers of manganese ore to be shipped from Surabaya, Indonesia to an inland container depot in India via Mumbai.

05/04/2016
Ship agents in Australia were nominated by the charterers of a bulk carrier loading grain. Prior to loading, local regulations required that the vessel was inspected by a quarantine officer and it was the agent’s responsibility to make these arrangements, which included submitting a booking form to the quarantine department.

05/04/2016
Not all errors lead to a financial loss although the broker may lose the principal’s business. A recent “near miss” involved a broker fixing the time charter of a bulk carrier. The owner specified that he wanted the agreement to be “no Aussie grains” reflecting the high costs of complying with Australian regulations.

05/04/2016
Every year ITIC deals with claims that result from errors by agents dealing with transhipment cargo. The following two claims are typical examples of the things that can go wrong. In one case no declaration was given to the authorities and in the other case the information given to the cargo interests was wrong.

05/04/2016
Shipbrokers specialising in the offshore market arranged the charter of a semi-submersible “flotel” (a type of accommodation unit). The contractual period comprised two separate periods in successive years.

05/04/2016
A marine surveyor was appointed by the owners of a ship that had been involved in a major casualty which had involved significant loss of life. There were potential criminal charges arising out of the incident.

05/04/2016
With effect from the 1st July 2016 the IMO have put in place an amendment to the Safety of Life at Sea Convention (SOLAS) which will require that all containers loaded onto a ship for export have a verified gross mass (VGM).

05/04/2016
Many shipbroking companies, including most of the larger ones, have started using standard terms and conditions. ITIC has encouraged this development and has produced a sample wording - ITIC’s Terms and Conditions for Shipbrokers - which members can adapt to the needs of their individual businesses. 

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