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CHARTER PARTIES
GENCON – Clause 10
Bills of Lading
CLAUSE 10
| 10. Bills of Lading | 154 |
| Bills of Lading shall be presented and signed by the Master as per the | 155 |
| "Congenbill" Bill of Lading form, Edition 1994, without prejudice to this Charter | 156 |
| Party, or by the Owners' agents provided written authority has been given by | 157 |
| Owners to the agents, a copy of which is to be furnished to the Charterers. The | 158 |
| Charterers shall indemnify the Owners against all consequences or liabilities | 159 |
| that may arise from the signing of bills of lading as presented to the extent that | 160 |
| the terms or contents of such bills of lading impose or result in the imposition of | 161 |
| more onerous liabilities upon the Owners than those assumed by the Owners | 162 |
| under this Charter Party. | 163 |
This clause is self evident and mainly contains that the bill of lading to be used is the CONGENBILL Bill of Lading, Edition 1994 and that the master must ascertain himself that the freight is at least equal to the one mentioned in the charter party. This can sometimes be a problem for the master when the freight is not indicated in the charter party but only in an addendum or in a "side letter". The Ship Owner must in that case ensure that his master is well informed.
It is now also clearly stated that the bill of lading may be signed by the Owner’s agent on condition that a written authority has been given by the Owners for the agent to do so, a copy of which is to be furnished to the Charterers.
The bill of lading must refer also to the charter party … freight and all other conditions and exceptions as per charter, dated…. . (See also Paragraph Bill of Lading Versus Charter Party and Worked-out GENCON Charter Party, Clause 9, Bills of Lading.) The master must also examine if the description of the goods on the bill of lading corresponds with those on the charter party.
If the shipper refuses to accept bills of lading with remarks on it, then the master must sign under protest "…. signed under protest"…. If this is not accepted either by the shipper then protest must be made at a notary public or the consul and all interested parties must be informed of this as well as the Ship Owner and possibly the P & I Club (preferably via the Owner).
For further details, see comments made by BIMCO.
