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CHARTER PARTIES
GENCON - Clause 8
Lien Clause
CLAUSE 8
| 8. Lien Clause | 132 |
| The Owners shall have a lien on the cargo and on all sub-freights payable in | 133 |
| respect of the cargo, for freight, deadfreight, demurrage, claims for damages | 134 |
| and for all other amounts due under this Charter Party including costs of | 135 |
| recovering same. | 136 |
In pursuance of the Lien clause the Ship Owner has a lien on the cargo and on all sub-freights payable in respect of the cargo for freight, deadfreight, demurrage, claims for damages and for all other amounts due under this Charter Party including cost of recovering same.
In the 1976 revision of the Gencon, reference to “damages for detention” has been deleted.
Under the voyage charter the Charterer will generally try to restrict his liability to the port of loading by inserting a clause in the charter party in, viz. the Cesser clause which reads as follows:
"Charterers' liability to cease upon shipment of the cargo".
"Charterers' liability to cease when cargo is shipped and Bills of Lading signed, except as regards payment of freight, deadfreight and demurrage (if any) at loading port".
"Charterers' liability to cease on shipment of the cargo, the Ship Owner having a lien on the cargo for freight, deadfreight and demurrage".
The Ship Owner has then only a recourse on the receiver of the goods, thus in the discharging port.
The Lien clause and the Cesser clause are often assimilated together as can be clearly seen in the second and third clause above.
In the 1994 revision of the GENCON Charter Party, no reference is made to the “Lien Clause”. In older forms charter parties or in private charter parties the Lien Clause can however still be incorporated.
