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Damage to Hull
Charterers Liabilities to the Shipowner for Damage to Hull
1. Safe Port or Berth
Time charterparties generally include a warranty that the charterers will only order the ship to call at safe ports or berths. Failing to provide a safe port or berth would be in breach of this warranty.
2. Damage by Cargo
Charterers frequently assume cargo responsibility. Claims can be made against charterers for ship damage caused by cargo. For example, cargoes such as calcium hypochlorite or direct reduced iron may be corrosive or inflammable.
3. Charterers Servants
The charterer may be responsible for the actions of these contractors. Timecharterparties generally require that the charterer provide stevedores and other parties for operational services
Most time charters require charterers to supply bunkers to agreed specifications. Charterers can be liable for off-spec bunkers even if the ship’s machinery is not damaged. Our charterers product also covers the costs of removing, replacing, and disposing of the bunkers, cleaning the ship’s tanks and engines, and off-hire costs. Such claims can be very large or involve complicated legal recovery actions against the bunker supplier.
Ship-to-ship transfer and lighterage can cause damage to the vessel and its equipment. If this is due to the actions of a servant of the charterer, for example a mooring master, the claim could be presented to the charterer.
6. Salvage Costs and General Average Contributions
Charterers are exposed in proportion to the amount of freight at risk if it is a voyage charter, and value of his bunkers on board if a timecharter.