ship’s figure, the master should decline to sign the bills of lading. He should insist on a thorough check of all measurements and calculations, including those ashore, in order to ascertain the cause of the discrepancy. When checking the shore figures difficulties may arise because the measurements taken in the shore tanks before loading cannot be verified once the cargo has been transferred. The checking of the shore figures may, therefore, depend upon the accuracy of the records kept in the shore terminal. In the majority of cases this investigation is likely to be successful and the figures will be corrected and easily reconciled. The reasons for gross inaccuracies may include:
● Ullages wrongly measured ● Tanks filled but not taken into account ● The contents of pipelines not allowed for ● Wrong temperatures or densities ● Cargo mistakenly loaded on top of ballast ● Cargo lost in the shore installation ● Incorrect meter proving.
On occasions, despite such exhaustive checks it may be that the two calculations cannot be reconciled and the master then finds himself in a dilemma. On the one hand, he will doubtless be mindful of the Hague Rules which provide:
“No Carrier, Master or Agent of the Carrier shall be bound to state or show in the bill of lading any marks, number, quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received for which he has had no reasonable means of checking.”
On the other hand, he will be conscious of the commercial pressures which dictate that the berth must be vacated and that the voyage must not be delayed. There is no inflexible rule to be followed which will apply in every case.
The master should note protest. He should certainly notify the ship’s agents and instruct them to urgently inform the owners of the problem as well as the charterers, the shippers and any consignee, or notify party named on the bill of lading. The master should give full details of the available figures and ask the parties notified to inform any potential purchaser of the bill of lading of the discrepancy. It may be difficult for the master to contact all the parties named but the owner should do this at the earliest possible opportunity. Ideally, the master should be able to clause the bills of
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lading but in practice this creates many difficulties. He should, therefore decline to sign the bills of lading or withhold authority for anyone else to sign until the dispute has been resolved. In any event the master or owner should immediately contact the Association or the Association’s correspondents.
Early departure procedures
In certain busy oil ports, it is the practice, in the interests of expediting the turnaround of tankers, to offer the master the opportunity to utilise the ‘early departure procedure’. This system was devised in the light of many years experience of tanker operations and shore figures after loading. On arrival at the loading berth the master agrees that on completion of loading, the loading hoses will be immediately disconnected and the ship will sail. As soon as the bill of lading figures are prepared, they are cabled to the master who then, provided he is satisfied, authorises the agent to sign the bills of lading and other related documents on his behalf. On no account should the master sign the bills himself before sailing without the correct figures being inserted.
Shipboard records
It is essential for the defence of possible cargo claims that the ship maintains certain documentary records of cargo operations. Time charterers, particularly the oil majors, are likely to place onboard their own documentation which they will require to be returned promptly at the end of each voyage. Typical returns would include:
● A voyage abstract (deck and engine) ● Notice of readiness ● A port log
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