CHARTERING


Obligations of Parties


OBLIGATIONS OF THE CHARTERER

In principle, the Charterer has two main obligations:

  1. he must load the goods he committed himself to;
  2. he must pay the agreed freight.

    1. In the first place, the Charterer must load the agreed goods. The Ship Owner can refuse the goods if the Charterer wants to load heavier or more dangerous goods, but not if the goods are of the same type i.e. the same facility of loading and discharging, the same volume, the same weight, etc.
    2. the Charterer must also load the agreed quantity of goods.

      Several possibilities can occur:

      1. the Charterer loads less than the quantity agreed in the charter party. In that case he is nevertheless obliged to pay the whole freight for the complete cargo for which he engaged himself. The freight which is paid on the quantity which was not loaded is called deadfreight. The Charterer who loads less and who is due to pay the total gross freight, may deduct from the freight, the possible expenses which the Ship Owner saved in the port of loading or discharging, such as possible cargo handling costs and a number of laydays. In case of deadfreight, the burden of proof lies with the Charterer.


      2. Charterer loads more than the quantity agreed in the charter party. In that case, the Charterer pays the freight for the extra cargo in accordance with the price which was stated in the charter party.


      3. the Charterer loads absolutely nothing. In that case, before the departure of the ship, the Charterer renounces to the charter party, and he is than obliged to pay half of the agreed freight.

    3. finally, the Charterer must pay the freight, even if on arrival the goods are damaged, except if it concerns barrels containing wine, oil or honey and other fluids, which have ran out in such a manner that they are empty or almost empty (art. 122 of Book II, of the Commercial Code - Belgian).






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