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NYPE Form, clause 8 – Liability for bad stowage on Master.

The Facts

Granite Blocks were shipped from East London, South Africa to Sete, France and Marina di Carrara, Italy.

Clause 8 of the charter read “Charterers to load stow and … discharge at their own expense under the supervision ad responsibility of the Captain.”

Because the granite blocks were large and unwieldy, it was necessary to position steel plates in the holds to protect the vessel from accidental dropping of the blocks.

Tanks were damaged at Sete and Marine di Carrara by accidental dropping.

The Master had failed in both instances to ensure the presence of protective steel plates.


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Charter Party Casebook