Common use of Stowage Clause in Contracts

Stowage. (a) Subject always to the Vessel remaining seaworthy during loading and in anticipation of the intended voyage, a Vessel shall be determined to be fully loaded when in the Master’s opinion, the holds, after being trimmed, have been filled to the maximum level that will allow the hatches to properly close and fasten. If Buyer or Seller disputes that the Vessel was fully loaded, a competent surveyor shall be appointed by mutual agreement of the Parties to determine whether the Vessel was fully loaded. The surveyor’s findings shall be made available to both Parties and shall be final and binding on the Parties except in the case of fraud or manifest error. The prevailing Party shall be liable for the surveyor’s fee and any other costs of the survey, including any demurrage charges or reduction in despatch resulting from the conduct of such survey. (b) For a fully loaded Vessel, where the actual stow factor (as determined by the freight master), is less than fifty-five (55) cubic feet per Tonne, the Parties shall equally share any discounts for such Shipment afforded by the relevant Charter Party, a copy of which Buyer shall provide to Seller upon request. (c) For a non-fully loaded Vessel, Seller shall use commercially reasonable efforts to load further Biomass, complying with the same terms and at the same price as the applicable Shipment, onto the Vessel. If Seller fails to do so, so long as Seller has delivered a quantity of Biomass consistent with the terms hereof, Buyer shall be liable for the cost of deadfreight payable to Owner; provided, however, that if Seller has not delivered a quantity of Biomass as required by the terms hereof, Seller shall be responsible to Buyer for the cost of deadfreight payable by Buyer to Owner, in addition to any other amounts that may be owed to Buyer hereunder due to Seller’s failure to deliver a sufficient quantity of Biomass.