Voyage Charters
Page 401
Chapter 14
Loading and Discharging
| 5. | Loading discharging costs | 56 |
| *(b) Gross Terms | 57 | |
| [see paras 14.9 et seq. below for Gross Terms provisions of charter] | ||
| *(b) F.i.o. and free stowed trimmed | 68 | |
| [see paras 14.35 et seq. below for f.i.o.s.t. provisions of charter] | ||
| *indicate alternative (a) or (b), as agreed, in Box 15 | 78 |
General background
14.1 In the absence of provision to the contrary in the charterparty, the part which the owner and charterer must each play in the loading and discharging operation is determined by the custom of the port at which the operation is performed. If there is no custom of the port to the contrary it is the obligation of the charterer, upon loading, to deliver the cargo to the owner at the ship’s rail, where the owner must receive the cargo, take it into the holds and stow it. At the port of discharge, the responsibility for the goods is again transferred from the owner to the charterer at the ship’s rail, the obligation of the owner being to lift the goods from the hold to the ship’s rail, where the charterer is obliged to receive them. In Harris v. Best,1 Lord Esher described the rule as follows: