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ARTICLE · 09 JULY 2015

"At The Expenses And Risk Of Charterers" – What Does This Mean?

Reed Smith (Worldwide)
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In this case the Court heard a preliminary issue as to whether, on the proper construction of the contract of carriage contained in or evidenced by a bill of lading the carrier was liable for loss or damage to the cargo...

United KingdomTransport
Sally-Ann Underhill
Sally-Ann Underhill
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The decision of Mr. Justice Flaux in (1) Societe de Distribution de Toutes Merchandises en Cote D'Ivoire trading as "SDTM-CI" (2) Kouma Assitan (3) Amlin Corporate Insurance N.V. (4) Axa Corporate Solutions Assurance and (1) Continental Lines N.V. (2) Genshipping Corporation [2015] EWHC 1747, considers the effect of clause 5 of the Synacomex 90 form, upon which the vessel was chartered in this case.

Clause 5 of the standard form provides that "cargo shall be loaded, trimmed and/or stowed at the expenses and risk of Shippers/Charterers... cargo shall be discharged at the expenses and risk of Receivers/Charterers... stowage shall be under Master's direction and responsibility...". This clause was incorporated into the bills of lading.

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