M/V "TAI PRIZE" - Tendering A "Clean On Board" Bill Of Lading

Background

Between 24 and 29 July 2012 the vessel m/v "TAI PRIZE" ("the Vessel") loaded a cargo of 63,366.15 metric tonnes of Brazilian soya beans ("the Cargo"). A Bill of Lading in the 1994 Edition of the Congenbill form was drafted by the shipper and submitted for signature by or on behalf of the Master of the Vessel. Under the heading "Shipper's description of Goods" the Cargo was described as being "Clean on Board". The Bill of Lading was executed by agents on behalf of the Master, without any reservations, and stated that the Cargo had been "SHIPPED at the Port of Loading in apparent good order and condition on board the Vessel for carriage to the Port of Discharge..."

The Bill of Lading incorporated the Hague Rules by clause 2 on its reverse side.