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Voyage Charters


Page 1027

Chapter 52

Terms of Bills of Lading

[Clause 20 continued]
(b) The carriage of cargo under this Charter Party and under all Bills of Lading issued for the cargo shall be subject to the statutory provisions and other terms set forth or specified in sub-paragraphs (i) through (vii) of this clause and such terms shall be incorporated verbatim or be deemed incorporated by the reference in any such Bill of Lading. In such sub-paragraphs and in any Act referred to therein, the word “carrier” shall include the Owner and the Chartered Owner of the Vessel.
[Clause 20(b) is continued in the next chapter]

52.1 The purpose of clause 20(b) is to incorporate the provisions contained in sub-clauses (i) to (vii) of the charter form into both the charterparty itself and into any bills of lading issued under clause 20(a). So far as concerns incorporation of these clauses into the charterparty, clause 20(b) is of itself effective to achieve the intended result. However, clause 20(b) cannot of itself achieve an effective incorporation of the clauses into a bill of lading, a result which can only be achieved if the bill of lading itself contains words which are apt to incorporate the relevant terms of the charter. The required form of bill of lading prescribed by clause 20(a) incorporates “all the terms whatsoever” of the charter, and these words are wide enough to bring in all the appropriate terms of the charter including terms other than sub-clauses (i) to (vii) of clause 20(b). In The Miramar 1 it was held, under the identical Exxonvoy 69 form of charter, that the bill of lading incorporated the lien clause (clause 21) but did not incorporate into the bill of lading contract a personal liability to pay demurrage under clause 8, since that clause referred only to the “charterer” and should not be rewritten to include a bill of lading holder. For similar reasons, it seems the personal obligation of the charterer under clause 2 to pay freight would not be incorporated.

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