CARGO RETENTION CLAUSE Clause Samples

CARGO RETENTION CLAUSE. Charterer shall have the right to deduct from hire any amount withheld from a Voyage Freight by a sub-charterer pursuant to a cargo retention clause in a Voyage Charter Party between Charterer and that subcharterer.

CARGO RETENTION CLAUSE. In the event that any cargo remain on board upon completion of discharge, Charterers shall have the right to claim against Owners an amount equal to the FOB port of loading value of such cargo plus freight due with respect thereto, provided that volume of such cargo is liquid, pumpable and reachable by vessel’s normal discharge equipment as determined by an independent surveyor. The independent surveyor to be mutually agreed by both parties.

CARGO RETENTION CLAUSE. If during a voyage under this charter any quantity of cargo remaining on board the Vessel (‘ROB) upon completion of discharge is judged by an independant surveyor appointed by Charterers to be liquid and pumpable, or if Charterers can show that the ROB would have been liquid and pumpable if Owners and/or Master, officers and crew had followed Charterers’ instructions for the management of the cargo, then Charterers shall be entitled to claim any directly related costs or damages relating to such quantity of cargo remaining on board provided that such ROB is brought to by fault or obmission on part of Owner, Master and/or Ship’s Crews.

CARGO RETENTION CLAUSE. If on completion of discharge any liquid cargo of pumpable nature WHICH IS REACHABLE BY SHIPS MEANS remains on board (the presence and quantity of such cargo having been established, by application of the wedge formula in respect of any tank the contents of which do not reach the forward bulkhead, by an independent surveyor, appointed by Charterers and paid jointly by Owners and Charterers), AS DETERMINED BY TWO SURVEYORS,ONE APPOINTED AND PAID BY CHARTERERS AND ONE BY OWNERS. IN CASE FINDINGS OF CHRTSR AND OWNERS SURVOYOR DIFFER, THIRD JOINT INDEPENDENT MUTUALLY APPOINTED SURVEYORS FINDING SHALL BE FINAL AND BINDING. THIRD SURVEYOR HAS TO BE JOINTLY APPOINTED FROM THE FOLLOWING SAYBOLT, INSPECTORATE, SGS, INTERTEK. ALL THREE SURVEYORS TO BE APPOINTED AT THE SAME TIME IN ORDER AVOID DELAYS. THIS IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PARTIES UNDER THE CHARTER PARTY.Charterers shall have the right to deduct from freight an amount equal to the FOB loading port value of such cargo, cargo insurance plus freight thereon; provided, however that any action or lack of action hereunder shall be without prejudice to any other rights or obligations of Charterers, under this Charter or otherwise, and provided further that if Owners are liable to any third party in respect of failure to discharge such pumpable cargo, or part thereof, Charterers shall indemnify Owners against such liability up to the total amount deducted under this clause. “ANY ROB DEDUCTION UNDER THIS CLAUSE SHALL ALWAYS CONSIDER TO TAKE INTO ACCOUNT THE PREVIOUS VOYAGE OBQ LIQUID HYDROCARBON QUANTITY AT LOADPORT AS DETERMINED BY THE INDEPENDENT SURVEYOR FOR OFF-SETTING AGAINST THE ROB LIQUID ON COMPLETION OF DISCHARGE BEFORE MAKING THE APPLICABLE DEDUCTIONS FROM FREIGHT. A FAX COPY OF THE OBQ REPORT SIGNED BY BOTH THE APPOINTED SURVEYOR AND SHIP’S REPRESENTATIVE WILL SUFFICE.”

CARGO RETENTION CLAUSE. In the event that any liquid, pumpable, reachable cargo remains on board upon completion of discharge, Charterers shall have the right to deduct from hire an amount equal to the FOB load port value of such cargo plus hire and bunkers, with respect thereto, provided that the volume of cargo remaining onboard is liquid and pumpable by the vessel’s pumps. Or would have been liquid and pumpable but for the fault or negligence of Owner, the Master, the vessel or her Crew (including but no limited to incorrect trim and heating procedure), as determined by surveyor appointed by Charterer and acceptable to both Owner and Charterer, whose findings shall be final and binding. Non liquid and/or unpumpable remains shall not be considered as reachable cargo. Any action or lack of action in accordance with this provision, shall be without prejudice to any other rights or obligations of the parties. For the purposes of this clause, any surveyor who is ISO 9002 certified, shall be considered acceptable to both Owners and Charterers.

CARGO RETENTION CLAUSE. If during a voyage under this charter any quantity of cargo remaining on board the Vessel (‘ROB) upon completion of discharge is judged by an independant surveyor appointed by Charterers to be liquid and pumpable, or if Charterers can show that the ROB would have been liquid and pumpable if Owners and/or Master, officers and crew had followed Charterers’ instructions for the management of the cargo, then Charterers shall be entitled to claim any directly related costs or damages relating to such quantity of cargo remaining on board provided that such ROB is brought to by fault or obmission on part of Owner, Master and/or Ship’s Crews. Charterers may from the time of fixing until completion of the charter period employ an Inmarsat C tracking system on the vessel. All registration and communication costs relating to this tracking system will be for Charterer’s account. Charterers will advise when the system is operative and confirm termination on completion of the charter. Owners to supply the following information, which will form part of this clause: Inmarsat C number (9 digits beginning with 4): Manufacturer, make, etc.: Model Number: Terminal S/W version if known: