News Content
Loading instructions may widen risk of surveyors without their knowing: insurer
LOADING instructions can widen liability for marine service providers, warns insurer International Transport Intermediaries Club (ITIC), citing the case of marine surveyor sued for EUR1.56 million for allegedly poor stowage.
ITIC director Charlotte Kirk recalled that a marine surveyor in Germany was engaged by charterers to attend the loading of a cargo and to report on stevedoring damage, reported London's Port Technology International.
The emailed instructions from the charterer contained the following provisions:
"We hereby order the following: supervision of the loading/preloading survey; reporting of eventual damages to the coating or the material - and time of damage; reporting of negligence while handling the material and loading; detailed documentation, with photos, of the loading operations; no continuous supervision will be necessary, only during the important moments (commencement of loading operations - change of shift ?securing of the cargo)."
Loading and lashing of the cargo was completed and the vessel sailed. Three days later there was a loud noise from the cargo hold and the ship developed a 30-degree list.
The master reduced the list by ballasting and diverted to a port of refuge. The cargo was discharged, sorted on the quay, reloaded, lashed and secured. About 600 tonnes of damaged cargo was left behind. More than 10 days later, the ship resumed its voyage.
The owners alleged that the cargo had shifted due to poor stowage, and ultimately obtained an arbitration award against the charterers for EUR1.56 million.
The charterers subsequently held the surveyor and the stevedores who had loaded the cargo jointly liable for this amount.
Lawyers appointed by ITIC represented the surveyor at court, where the claim was subsequently rejected on the basis that the stevedores were responsible for the loading and stowage, and that the surveyor's instructions were limited to reporting on stevedoring damage caused during loading.
Said Ms Kirk said: "The potential difficulty with this defence was that the charterer's email instructions could have been interpreted as conferring a wider obligation. In the circumstances, it was agreed that the surveyor would make a contribution of 10 per cent to the settlement of the claim.
"While this contribution was relatively modest in percentage terms, the claim is an example of how the wording of instructions can potentially widen the scope of a surveyor's liabilities. If the brief is understood to be restricted to a specific task, it is import," she said.
ITIC director Charlotte Kirk recalled that a marine surveyor in Germany was engaged by charterers to attend the loading of a cargo and to report on stevedoring damage, reported London's Port Technology International.
The emailed instructions from the charterer contained the following provisions:
"We hereby order the following: supervision of the loading/preloading survey; reporting of eventual damages to the coating or the material - and time of damage; reporting of negligence while handling the material and loading; detailed documentation, with photos, of the loading operations; no continuous supervision will be necessary, only during the important moments (commencement of loading operations - change of shift ?securing of the cargo)."
Loading and lashing of the cargo was completed and the vessel sailed. Three days later there was a loud noise from the cargo hold and the ship developed a 30-degree list.
The master reduced the list by ballasting and diverted to a port of refuge. The cargo was discharged, sorted on the quay, reloaded, lashed and secured. About 600 tonnes of damaged cargo was left behind. More than 10 days later, the ship resumed its voyage.
The owners alleged that the cargo had shifted due to poor stowage, and ultimately obtained an arbitration award against the charterers for EUR1.56 million.
The charterers subsequently held the surveyor and the stevedores who had loaded the cargo jointly liable for this amount.
Lawyers appointed by ITIC represented the surveyor at court, where the claim was subsequently rejected on the basis that the stevedores were responsible for the loading and stowage, and that the surveyor's instructions were limited to reporting on stevedoring damage caused during loading.
Said Ms Kirk said: "The potential difficulty with this defence was that the charterer's email instructions could have been interpreted as conferring a wider obligation. In the circumstances, it was agreed that the surveyor would make a contribution of 10 per cent to the settlement of the claim.
"While this contribution was relatively modest in percentage terms, the claim is an example of how the wording of instructions can potentially widen the scope of a surveyor's liabilities. If the brief is understood to be restricted to a specific task, it is import," she said.
Latest News
- For the first time, tianjin Port realized the whole process of dock operati...
- From January to August, piracy incidents in Asia increased by 38%!The situa...
- Quasi-conference TSA closes as role redundant in mega merger world
- Singapore says TPP, born again as CPTPP, is now headed for adoption
- Antwerp posts 5th record year with boxes up 4.3pc to 10 million TEU
- Savannah lifts record 4 million TEU in '17 as it deepens port
