only slightly off specification and have decided to ‘blend’ the cargo during subsequent loading operations. Furthermore, water may be introduced into the product via the installation’s pipeline system without the ship’s staff being aware of it.
The importance of carefully cleaned tanks, compatible tank coatings, well maintained pipe lines, heating coils, valve systems, hoses and pumps cannot be too strongly stressed and some brief comments on the subject of hoses and pumps may be helpful.
When cargo is loaded by shippers and discharged by consignees, it is their responsibility to ensure that the hoses and pumps supplied are suitable for the product concerned. The importance of sampling firstly, after the ‘first run’ of cargo has been loaded, secondly, after completion of loading and thirdly, prior to discharge, is paramount in order to establish by analysis whether or not any alleged damage or contamination could have been caused as a result of the use of unsuitable equipment supplied by the shipper or consignee, or by defects in the ship’s loading system.
It must also be emphasised that there is duty on the ship’s crew to assist shippers and/or consignee with the proper connection of hoses and to ensure that, in the case of loading over the top, hoses are placed in the proper tanks. The crew should also ensure that where the ship’s integral piping system is involved, the cargo is directed to the correct tank during loading, and that the lines used during loading and discharging are properly isolated to avoid contamination with other products onboard.
Sale contracts
The condition of liquid bulk cargoes when shipped should be in accordance with either the specification in the contract of sale, or the usual grade specifications used in the trade. The carrier is not a party to the contract of sale and cannot be expected to have knowledge of the specification that in most cases relate only to quality.
Certain limited quality descriptions such as ‘clear’, ‘colourless’ etc. may be apparent upon visual inspection of samples and the presence of water can usually be detected by an experienced ship’s officer. However, the wide variety of products, frequently referred to only by trade names or codes, makes it difficult, if not impossible, for ship’s officers to detect other than the most obvious deviations in the condition of the cargo.
Sale contracts, while regulating the relationship between seller and buyer, also have some bearing on
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the carrier’s position. They usually require certain sampling procedures to be carried out and the appointment of an independent surveyor to certify the fitness and cleanliness of the ship’s tank and pipelines. Many standard vegetable oil contracts require discharging samples to be drawn in the presence of both seller and buyer’s representatives and analysed by an independent chemist. Almost all oils and fats are sold subject to such sampling and analysis but the contracts rarely provide for the carrier to be given such samples.
Evidence of the condition of a liquid bulk cargo on loading is therefore of paramount importance. Claims lodged at the port of discharge have frequently been defeated as a result of analysis of loading samples.
Most sale contracts provide for the change of ownership of the cargo to take effect at the time of loading onboard ship and for a bill of lading to be obtained from the carrier It is therefore important for both seller and carrier to have evidence of the condition of the cargo at that time. The carrier’s responsibility may however commence at an earlier time depending on the moment of taking charge of the cargo.
The sampling activities of shipper and buyer often lead ship’s officers to believe that nothing is required of them, as the carrier’s position has been sufficiently protected. This however is not always the case.
The carrier must take an active part in the sampling procedures especially at the loading port and must see that his interests are properly protected.
Sampling
There are several other important reasons why samples should be taken during loading of bulk liquid cargoes, i.e:
● To enable protest to be made to the shipper if the product loaded is not in apparent good order.
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