Common use of CARGO RETENTION CLAUSE Clause in Contracts

CARGO RETENTION CLAUSE. In the event that any cargo remains on board upon completion of discharge, the Charterers shall have the right to deduct from hire an amount equal to the FOB port loading value of such cargo plus voyage hire freight due with respect thereto, provided that the volume of cargo remaining on board is pumpable and reached by the Vessel’s fixed pumps and is determined by an independent surveyor. Any action or lack of action in accordance with this provision shall be without prejudice to any rights or obligations of the Charterers.

Appears in 3 contracts

Sources: Memorandum of Agreement (Product Shipping Ltd.), Memorandum of Agreement for Sale and Purchase of Ships (Product Shipping Ltd.), Memorandum of Agreement for Sale and Purchase of Ships (Product Shipping Ltd.)

CARGO RETENTION CLAUSE. In the event that any cargo remains on board upon completion of discharge, the Charterers shall have the right to deduct from hire an amount equal to the FOB port loading value of such cargo plus voyage hire freight due with respect thereto, provided that the volume of cargo remaining on board is liquid pumpable and reached reachable by the Vessel’s 's fixed pumps and is as determined by an a mutually agreeable independent surveyorsurveyor and further provided that Charterers can prove that they have suffered a corresponding loss and are the party with title to the cargo. Any action or lack of action in accordance with this provision shall be without prejudice to any rights or obligations of the Charterers.

Appears in 2 contracts

Sources: Time Charter Party (Top Ships Inc.), Charter Agreement (Top Ships Inc.)