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SVEUČILIŠTE U RIJECI POMORSKI FAKULTET

RIJEKA

BORIS PRITCHARD

SHIP’S BUSINESS IN ENGLISH IV. izmijenjeno izdanje

Rijeka, 2004

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Izdavač: SVEUČILIŠTE U RIJECI POMORSKI FAKULTET U RIJECI

Recenzenti: Prof. dr. Marijan Urbany Mr.sc. Aris Spinčić Prof. dr. Boris Glavan

Tisak: “Linija” Rijeka

Odobrio Odbor za nastavu, izdavačku, bibliotečnu i informatičku djelatnost Sveučilišta u Rijeci pod brojem 05­0430/1­1987

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UNIT ONE

MODERN SHIPPING TECHNOLOGY

When the world seaborne trade started to boom after World War II, it soon became clear that the general cargo vessels could hardly cope with the increased traffic efficiently.

It became evident that the cargo flow could be increased by improving the performance in port, i. e. by decreasing the time required to load and discharge a vessel.

New cargo handling techniques had to be developed, therefore aiming at quicker cargo handling procedures and a reduction in labour.

Unit Load Concept. General or break bulk cargo, which consists of any arrangements of boxes, crates, bags, drums, cartons. etc., was formerly transported by the so­called general cargo vessels. The weight and the dimensions of the cargo were limited to the lifting capacity of the shore­based crane or by the derrick of the ship. Cargo stowage in the holds was carried out manually. Research to decrease ship's time in port (or turnaround time) has led to the introduction of the Unit Load Concept (ULC). The pallet and cargo handling techniques such as pre­strapping, pre­slinging, and machines like the fork lift truck (FLT) form the basic components of ULC. The basic idea of the ULC is that small, individual items of cargo could be coupled, stacked, and slung together to bigger units. These can be handled easily as they require less time for handling in the port on the quay.

Side loading and the multi­purpose vessel. The application of ULC techniques led to the new developments of ships, such as the side loader and the multipurpose vessel. The use of side loading vessels to transport palletised break bulk cargo, reduces the turnround time considerably. The cargo can be loaded and unloaded quickly, due to the elimination of the so called lift­on/lift­off procedures and due to the modular shape or the cargo. One possible disadvantage of this method is the possible loss of space in the holds.

The multipurpose ship is a further perfection of the former general cargo vessel. The basic features of this type of ship are: wide hatches, more easy operated hatch covers, increased capacity of the ship's lifting equipment, possibility of carrying heavy lifts on deck, shifting of the wheelhouse superstructure to aft or three quarters aft to ensure less obstructed cargo handling in port. The capacities of multipurpose ships range from 10 to 30,000 dwt.

Containerisation. During the First and the Second World War small wooden and iron boxes, the so­called containers, were used to ship ammunition for the Allies to the various fronts. In the 1950's the container concept started with the introduction of one type of container which was loaded on and off the vessels plying between some ports on the coasts

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of the United States. This was soon followed by first transatlantic crossings, and the so­called Container Revolution started. The basic unit of containers is the 20 foot container. The container storage capacity is usually expressed in TEU (twentyfoot equivalent unit). Various types of containers exist, not only for the transportation of break bulk cargo, but also for refrigerated, liquid and, on a smaller scale, bulk cargo. As well as containers, other units of break bulk cargo, such as ro­ro units and barge loads, belong to this group.

The first ships to carry containers were the modified general cargo vessels mentioned. Soon after the transatlantic crossings started, the first fully cellular container vessels were built. At present the following types may be distinguished: 1st generation of container ships, i.e. the original ships; 2nd generation, which has a capacity ranging from 800­1500 TEU, and 3rd generation, with a capacity ranging from 1700 to 3000 TEU and over.

Cargo handling equipment has been adjusted to fulfil the requirements of the container concept. The traditional cargo handling equipment could no longer cope with the bigger and heavier units, so special equipment had to be designed. This equipment includes portainers, shiptainers, transtainers, straddle carriers, container fork lift trucks, side loaders, etc.

With the introduction of the container in international transportation, the so­called door­to­door concept of transportation became a reality. This system involves the loading of a container at the producer's premises from where it is transported to the consumer without any transfer of commodities during that transportation.

Door­to­door transport is also identified as Full Container Load (FCL). This is to distinguish containers which arrive at a terminal loaded with cargo for one consignee or consumer only.

In many cases, however, container loads are less than one FCL and are called Less than Container Load (LCL).The Container Freight Station (CFS), or groupage shed, is­ the place where full container loads are assembled or dissembled, including stuffing/stripping of containers.

Roll­on/roll­off concept. Although in previous centuries more or less similar types of vessels were in existence, it was only during World War II that the so­called ro­ro concept was applied fully for the first time. The ro­ro concept could best be described as follows. Ro­ro stands for the method of cargo handling by which cargo is not lifted on and off board, as in the case of lift­on/lift­off vessels, but is lifted and moved on and off the ship horizontally, on its own or on temporary wheels, via the ramp, which is a hinged door being lowered onto the quay.

Some ferries (ro­ro vessels that carry passengers, private automobiles and wheeled cargo on the shorter hauls), are equipped with a bow ramp and some even with both bow and stern ramps. The first types of ro­ro vessels were soon replaced by modern short and deep­sea ships of a more sophisticated design, equipped with quarter ramps, and more recently, slewing ramps.

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The ro­ro ship proved particularly profitable during the congestion of the Middle East and African ports in the 1970's, because they are not dependent of port facilities, such as cranes.

Barge ­ carrying vessels. A further development of the container my be found in the barge carrying vessels. In this system the mother ship arrives in the port area, where she loads and unloads a certain number of barges and leaves the port again. These operations do not have to be executed alongside a berth, since the barges are floating. The only requirement for barge handling procedures is a relatively large area of water protected from waves higher than about one metre. The additional advantage of this system is the relative independence of port facilities and the relatively easy further transportation from the port to the consignee in the hinterland and vice versa by means of inland waterways. The major types of barge­carrying vessels that have been developed are the Lash and the Seabee type ships.

The introduction of the above shipping technologies has allowed for the development of the so­called multi­modal and intermodal services in the world transportation of goods.

QUESTIONS

1. What were the main reasons for introducing new shipping technologies in the world seaborne trade ?

2. What does ULC stand for? Discuss the main s of this system of transport. 3. Discuss the main characteristics of the modern multipurpose vessel. 4. When and where was containerisation introduced on a professional basis ? 5. What does TEU mean ? 6. What are the three generations of the container vessels ? 7. Explain the door­to­door concept of transport. 8. Explain the abbreviations CFS, LCL, FCL. 9. What is the principal technical feature of ro­ro ships ? 1O. Where do these ships prove most profitable and why ? 11. What is the essence of the barge­carrying system ? 12. What is the meaning of the collocation "intermodal transport" ?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Supply the missing technical terms: (MULTIPURPOSE VESSEL, FREIGHT RATES, AFT, DOOR­TO­DOOR, BREAK, BULK, COST OF LABOUR, LIFT­ON/LIFT­OFF, TEU's, FLT's, PORT FACILITIES, CFS, TRANSTAINERS, BOW, STERN, UNIT LOAD,

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SHIPTAINERS, QUARTER, BARGE CARRIERS, FLT, GROUPAGE, MULTIMODAL)

1. The increase of the ship's speed causes the increase of . 2. The main purpose of the new developments in transport was to

decrease the ship's time in port and to reduce the . 3. Any arrangement of crates, boxes, bags, cases, drums, or bales etc.

forms the , or general cargo. 4. The pallet is the basis of the concept. 5. The pallets with pre­slung cargo are handled by . 6. A typical example of the is the SD ­ 14 type of vessel. 7. In modern ships the superstructure is situated . 8. The cranes handling containers on the quay are called and those

in the stacking area are called 9. The storage capacity of container ships is expressed in . 1O. FCL is another term for the system of transport. 11. The container loads are assembled and dissembled in

the , or shed. 12. The container ship is a special type of a vessel. 13. Ro­ro ships are equipped with a number of ramps, which may be the

or ramps, and some also have ramps. 14. Ro­ro ships are particularly suitable in ports where the modern are not

available. 15. The Seabee and the LASH vessel are the most frequent types of . 16. The system of transport involving containers is also known as

transport.

II GRAMMAR

1. Supply a suitable verb form (active or passive) as required:

1. The stowage in the hold often (carry out) manually. 2. On the terminal the containers can (handle)by means of FLT's or container cranes. 3. The traffic of the port (increase) after the new technology had been introduced. 4. The palletization of the cargo (reduce) the turn­round time considerably. 5. The cargo (load) before the end of the shift. 6. In the groupage shed the container cargo (assemble) and (dissemble).

2. Word Forms

Complete the following sentences by choosing an appropriate form of the words in the brackets. Then check the meaning of the word chosen:

1. (arrange, arrangement, make arrangements)

(a) Everything for the safe unloading of containers .

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(b) Please for a quick despatch of containerised cargo. (c) The shipment consists of an of crates, bags, cartons, drums and

cases.

2. (carry, carrier, carriage, carrying)

(a) Each ship over 1600 GT should a radio­officer.(b) 3rd generation container vessels can 3,000 TEU's and more.

(c) COGSA is short for of Goods By Sea Act. (d) An owner entering into a contract with the shipper for the transportation of

goods by sea is called the . (e) Main types of barge are LASH, Seabee, and Bacat vessels. (f) The capacity of the recent container vessels ranges from 3,000 to

4,000 TEU's.

3. (containerise, container, containerisation, containerisable, containerised)

(a) was introduced in the 60's. (b) A large proportion of general cargo can be easily. (c) Heavy lifts are a non cargo. (d) Various forms of are the boxes, cases, casks, etc. (e) Starting air is stored in air . (f) When did the Revolution start? (g) CFS are placed where the cargo is .

4. (load, loading, loaded, unload, loader, unloader, unloading)

(a) Crude oil shipments are carried as complete ship . (b) Machinery and other heavy are carried loose. (c) Ship are used for discharging bulk cargo from bulk carriers. (d) The ship was in six hours. (e) The ship's turn­round involves and . (f) Port of Tubarao has three high capacity for the loading of ore. (g) LCL is short for less than container and CFS is short for a container

freight station.

III TRANSLATION

1. Najnovija generacija potpuno kontejnerskih brodova ima kapacitet od 3 do 4OOO jedinica i više.

2. Za normalan rad terminala potrebne su specijalne obalne kontejnerske dizalice. 3. Nova transportna tehnologija zahtijeva brz obrtaj brodova u luci, i manje troškove za

radnu snagu. 4. Generalni teret obuhvaæa svu robu u sanducima, balama, baèvama, letvaricama,

kartonskim kutijama, kontejnerima, itd. 5. Kod modernih višenamjenskih brodova, kao i kod tankera, te brodova za rasuti teret most

sa kormilarnicom premješten je prema krmi.

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6. U sistemu "vrata­vrata" kontejner sadrži robu samo za jednog primaoca. 7. Ro­ro brodovi posebno su pogodni za zakrèene luke i za luke bez moderne prekrcajne

mehanizacije. 8. Brodovi za prijevoz teglenica pogodni su za luke koje se nalaze na ušæima velikih rijeka i

u zemljama s jakom mrežom unutrašnjih plovnih putova.

IV GUIDED WRITING

Give a short account in writing of the following (using the headlines below):

a) ULC (break bulk cargo, decreasing the ship's time in port, pre­slinging, basic idea of

ULC)

b) MULTIPURPOSE VESSEL (origin, characteristics, bridge, types of cargo carried,

capacities)

c) CONTAINERISATION (history, basic unit standards, TEU, types of cargo carried,

ship generations, cargo handling equipment, door­to­door concept, FCL, LCL, CFS)

d) ROLL­ON/ROLL­OFF CONCEPT (history, process of handling, ramps, congested

ports)

e) BARGE CARRYING VESSELS (mother ship, barges, port facilities, handling

equipment, inland waterways, types of ships).

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UNIT TWO

INTERNATIONAL REGULATIONS

FOR PREVENTING COLLISIONS AT SEA

(extracts)

General Definitions For the purpose of these Rules, except where the context otherwise requires:

a) The word vessel includes every description of watercraft, including non­displacement craft and seaplanes, used or capable of being used as a means of transportation on water.

b) The term power­driven vesselmeans any vessel propelled by machinery.

c) The term vessel engaged in fishing means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.

d) The term vessel not under command means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

e) The term vessel restricted in her ability to manoeuvre means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.

The following vessels shall be regarded as vessels restricted in their ability to manoeuvre:

I a vessel engaged in laying, servicing or picking up a navigation mark, marine cable or pipeline, II a vessel engaged in dredging, surveying or underwater operations, III a vessel engaged in replenishment or transferring persons, provisions or cargo

while underway, IV a vessel engaged in the launching or recovery of aircraft, V a vessel engaged in mine­sweeping operations,

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VI a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

f) The word underwaymeans that a vessel is not at anchor, or made fast to the shore, or aground.

g) The term restricted visibility means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.

PART B ­ STEERING AND SAILING RULES

SECTIONS I ­ CONDUCT OF VESSELS IN ANY

CONDITION OF VISIBILITY

Application

Rules in this Section apply in any condition of visibility.

Look­out

Every vessel shall at all times maintain a proper look­out by sight and hearing as well as by ail available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

Safe Speed

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

Risk of Collision

a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

b) Proper use shall be made of radar equipment if fitted and operational, including long­range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.

c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.

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d) In determining if risk of collision exists the following considerations shall be among those taken into account:

I such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change,

II such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel at close range.

Action to avoid Collision

a) Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close quarters situation provided that it is made in good time, is substantial and does not result in another close quarters situation.

d) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.

SECTION II ­ CONDUCT OF VESSELS IN SIGHT

OF ONE ANOTHER

Overtaking

a) Notwithstanding anything contained in the Rules of this Section any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22,5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the stern light of that vessel but neither of her sidelights.

Head­on Situation

a) When two power­driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

b) Such situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line

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or nearly in a line and/or both sidelights, and if by day she observes­the corresponding aspect of the other vessel.

c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

Crossing Situation

When two power­driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

Action by Give­way Vessel

Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

Action by Stand­on Vessel

a) I Where one of two vessels is to keep out of the way the other shall keep her course and speed.

II The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules.

b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give­way vessel alone, she shall take such action as will best aid to avoid collision.

QUESTIONS

1. What is another (old) expression for the International Regulations for Preventing Collisions at Sea?

2. What are the main terms dealt with in the General Definitions? 3. What is meant by "the vessel engaged in fishing"? 4. When is a ship defined a "vessel not under command"? 5. Define the term "vessel restricted in her ability to manoeuvre". 6. When is a vessel "underway"? 7. What kind of a look­out should be kept constantly on board? 8. What is understood by the term "safe speed"? 9. What precautions should a vessel take when there is a risk of collision? 10. What actions should be taken in order to avoid collision?

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EXERCISES

I COMPREHENSION AND VOCABULARY

1. Complete the following sentences by choosing the statements under a), b) or c) as applicable:

1. A fishing vessel engaged in fishing is: a) a vessel not under command b) a vessel restricted.,in her ability to manoeuvre c) a vessel restricted in her ability to manoeuvre by the nature of her work

2. A vessel whose engines have broken down is: a) a vessel restricted in her ability to manoeuvre b) a vessel not under command

3. A vessel engaged in fishing is: a) a vessel fishing with nets or trawls b) a vessel fishing with trolling lines.

4. A vessel engaged in dredging is: a) a vessel restricted in her ability to manoeuvre by the nature of her work b) a vessel not under command

5. A vessel stopped in the open seas is: a) underway b) making way c) a vessel not under command

6. In poor visibility the navigator should make use of: a) the radar only b) all the means of fixing the ship's position available

7. A vessel proceeding in a narrow channel shall keep: a) near to the starboard side of the fairway b) near to the port side of the fairway

8. A vessel overtaking another vessel shall a) require the overtaken vessel to keep out of the way b) keep clear of the vessel being overtaken

9. A vessel is overtaking when: a) she comes from a direction less than 22,5 degrees abaft another vessel's beam b) she comes from a direction more than 22.5 degrees abaft the beam of another vessel

1O. A vessel is overtaking when at night she can a) see only the stern light of the overtaken vessel b) see both the stern light and either of the side lights.

2. Insert the missing words and terms (see the text above):

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1. When two vessels are in of another and of collision exists, the steering and sailing provide for mutual action so that collision is avoided.

2. Thus when two driven vessels are meeting on reciprocal , so as to involve the risk of collision, each should course to starboard and pass on the side of the other.

3. Each vessel should indicate that she is altering to starboard by a short blast on the whistle in with the Rule 34.

4. When two power vessels are , so as to involve the risk of collision, the vessel which has the other on the starboard side shall out of the way of the other.

5. 17 directs that the other (i.e. overtaken) vessel shall her course and speed.

6. Rule 15 says that the giving vessel shall avoid crossing ahead of the other vessel.

7. Under normal circumstances a tug is able to with the rule of the as a power driven .

8. In poor visibility, the most important use of radar information is made to the close situation.

II GRAMMAR

I Collocations: Rearrange the sentences below by applying one of the following collocations (verb + object noun) :

­ avoid collision ­ alter the course ­ keep/maintain the course ­ deviate from the course ­ keep out of the way ­ maintain/keep a look­out ­ keep the speed ­ increase the speed ­ slacken speed ­ reverse the engines ­ restrict visibility

(1) By turning to starboard our ship escaped the risk of colliding with another vessel. (2) We had to reduce speed suddenly. (3) The engines were running astern. (4) We had to turn off course to avoid collision. (5) What did you undertake to keep clear of the barge?

(6) The overtaken vessel is not allowed to increase or decrease speed or change her course.

(7) The course was changed to 234 degrees. (8) The ship is going faster ahead.

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(9) Due to dense for the visibility was very poor. (10) The boatswain was standing at the look­out post and watching closely.

II Word Forms

Fill the appropriate form of the words in the brackets: 1. (able, unable, ability, enable, disabled)

(a) A vessel is a vessel which cannot manoeuvre. (b) We were to manoeuvre because of the rudder breakdown. (c) A vessel engaged in dredging is a vessel restricted in her to manoeuvre. (d) Were you to keep out of the way? (e) A sudden turn to starboard us to avoid collision.

2. (require, required, requiring, requirement)

(a) Each deck officer a full knowledge of the Collision Rules. (b) The pilot station our position and course. (c) This is a very strong which we shall hardly meet. (d) The ship was going full astern, only four minutes to stop. (e) A sharp look­out is in poor visibility.

3. (available, availability; manoeuvre, manoeuvring, manoeuvrability).

(a) The fishing gear, when engaged, greatly reduces the of the fishing vessel. (b) All means should be used to avoid collision. (c) The exact position finding depends on the of various navigational

systems on board. (d) Our ship her way through the mine area. (e) is difficult in confined waters. (f) The ship is now approaching harbour and we are preparing for the berthing . (g) I am afraid that no radio­connection is with the ship in distress.

III Relative Clauses. Relative clauses are introduced by the relatives WHO, WHOM, WHOSE, WHICH, THAT; e.g. :

­ The person whose radiogram you received is just coming. ­ A vessel which is not observing the Rules of the Road is a serious threat to navigation. ­ The goods were delivered to the person that presented the B/L.

Relative sentences of the type above can be reduced by omitting the relative pronoun (who, which, that) and transforming the verb into a present participle (­ing) or past participle, or omitting the auxiliary verb before an adjective, e.g. :

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1. A vessel which proceeds along a fairway shall keep to the starboard limit of the fairway.

1a. A vessel proceeding along a fairway shall keep to the starboard limit of the fairway. 2. Any action that is taken to avoid collision should be taken in. ample time. 2a. Any action taken to avoid collision should be taken in ample time. 3. A proper look­out should be kept by all the means that are available on board. 3a. A proper look­out should be taken by all the means available on board.

Shorten the following sentences:

1. Did you use all the means that were available to determine the ship's position? 2. A vessel which is engaged in dredging is a hampered vessel. 3. The vessel which is overtaking another vessel is to keep clear of the vessel. which

is being overtaken.

IV Expressing obligation. There are several ways of expressing obligation in English, each modifying a little the idea of obligation, cf:

(1a) Any overtaking vessel shall keep out of the way of the vessel being overtaken. (LEGAL obligation)

(1b) Any overtaking vessel is to keep out of the way of the vessel being overtaken. (LEGAL obligation, a command)

(1c) Any overtaking vessel should keep out of the way of the vessel being undertaken. (RECOMMENDATION)

(1d) Any overtaking vessel ought to keep out of the way of the vessel being overtaken. (DESIRABILITY, MORAL OBLIGATION)

(1e) Any overtaking vessel must keep out of the way of the vessel being overtaken. (DEFECTIVE "must")

(1f) Any overtaking vessel has (got) to keep out of the way of the vessel being overtaken. (in COLLOQUIAL style)

(1g) Any overtaking vessel is BOUND/OBLIGED/LIABLE to keep out of the way of the vessel being overtaken. (WORDS carrying the idea of obligation)

Transform the sentences below by using all the above underlined ways of expressing obligation and find the most appropriate translation:

1. Every vessel shall always maintain a proper look­out. 2. You must use all the means available to avoid collision. 3. In a head­on situation each vessel must alter course to starboard. 4. The stand­on vessel is to keep her course and speed.

III TRANSLATION

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1. Ako brod na motorni pogon ispred sebe, ili subočice po pramcu, čuje signal za maglu broda čiji položaj nije utvrden (ascertain), tada u skladu s pravilom 19 on mora smanjiti brzinu i ploviti oprezno dok ne prođe opasnost (be over).

2. U uvjetima slabe vidljivosti radar nam najviše koristi da se izbjegne položaj opasne blizine brodova.

3. Situacija opasne blizine može se izbjeći pravovremenim (in good time) zaustavljanjem broda, velikim smanjenjem brzine ili naglim (bold) skretanjem s kursa.

4. U skladu s pravilom 5 u magli valja (al all times) stalno vršiti pomno (efficient) motrenje.

5. Kada neki brod pretiče drugi, on mora uvijek izbjegavati brod kojeg pretiče.

6. Kada dva broda na motorni pogon presijecaju kurseve tako da postoji opasnost sudara, prema pravilu 15 desni brod ima pravo puta.

7. Kada se na moru vidi samo jedno bijelo svijetlo, to može ukazivati na (indicate) mali brod ili čamac, ili sidreno svijetlo broda ispod 5O m dužine.

8. Međutim, na otvorenom moru (in the open sea) to je najvjerojatnije krmeno svijetlo preko­oceanskog broda.

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UNIT THREE

CASUALTY REPORT: THE STRANDING OF THE "TIFOSO"

The Greek­officered, Liberian­flag tanker Tifoso 138,823 dwt ran aground on Bermuda Great Reef at 04,40 local time on 20 January 1983. The stranding was caused by "a fatal combination of errors and unmitigated negligence". The planned approach to Bermuda was "dangerous and imprudent" and the master failed to comply with the basic and proven techniques of navigation.

Ship and her voyage

The report of the investigation gives the owners as the Clockwork Corporation, Monrovia, and the operating agents as the Western Shiping Corporation, New York. We are not told in the report who selected and appointed as master Captain K.V. Dimitrios and M.N. as second mate. The Tifoso had been in lay­up in Boston with a sister ship, mt Minotavros. She was brought back into service in January 1983 and successfully passed a reactivation survey by the American Bureau of Shipping and a full Liberian Safety Survey. The books and publications supplied to the ship included the Lists of Lights and the Sailing Directions and the Notices to Mariners published by the USA Defence Mapping Agency. She was also supplied with the Admiralty List of Radio Signals (Vol. 2, 1981, Radio Navigational Aids, NP 282) and the Admiralty List of Lights and Fog Signals (Vol. J) published in the UK.

On l7 January 1983 the Tifoso sailed from Boston for Port Gentil, Gabon, on the West African coast just south of the Equator. She was to load there a cargo of crude oil for Taiwan.

Generator­ failures

In the 00.00­04 watch on 18 January there was a breakdown of the 750 kW diesel alternator (AC generator). It had overheated and seized due to lack of lubricating oil. An audio­alarm had been disconnected due to frequent false alarms. The 3rd assistant engineer and an oiler were on watch in the engine­room, bat had failed to check the lube oil level and a low­lube­oil­pressure trip had evidently failed to work. A second 750 kW diesel alternator was brought into use, but in the same watch on 19 January that one broke down due to a major failure in the stator windings. Electrical supply was maintained by bringing into use a steam­turbine generator and the operators instructed the master to put into Bermuda for the necessary repairs.

Approach to Bermuda

Bermuda was shown on the ocean chart in use, but the ship carried no large­scale chart of the island. A safe approach could have been made however using the sailing

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directions and data in the lists of lights on board, by arranging a daylight landfall and by seeking advice from the island by radio.

In his evidence the master said he referred to the DMA List of Lights and entered the position of Bermuda lights on a plotting chart. He then decided to pass two miles east of the North­East Breaker Buoy and from there continue southward to pick up a pilot two miles off St. Davids Light. The North­East Breaker Buoy he referred to had been removed in May l982. A North­East Breaker Beacon had been erected on the reef to the south west. Details of the necessary changes to the List of Lights were given in the Notices. to Mariners on board but those notices were not consulted.

In his evidence the master said he had destroyed the plotting chart he used for the approach to Bermuda. On the ocean chart it was noted that a course had been set direct to the island, not to a point to east. The ship, alas, made good that course.

It was a very bad plan to rely on finding and rounding the North­East Breaker Buoy even if it had existed. The wind as the ship approached the island was north west, 2O to 3O knots, gusting to 36 knots, the sea was rough and there were heavy rain squalls with reduced visibility. The light on the buoy would have been almost at sea level intermittently obscured by sea and swell. The ship would have to sail close to the reef to pick up the buoy, and the master should not have relied on a single floating aid to navigation.

The Stranding

At 04,00 local time a general glow of light from Bermuda was seen and at 04,08 the master saw a "broken image" of the island on radar. At about 04,15 the master saw a flashing white light 30 to 45 degrees to starboard but said he was unable to determine its characteristic. He assumed it was North­East Breaker Buoy. The light he saw was in fact North Rock Beacon Light.

To pass closer to the "buoy" the course steered, 180 degrees, was altered to 190 degrees. At this critical stage in the landfall a very good radio direction­finder fix could have been obtained, but this was not attempted. Loran could also have been used to establish the ship's position.

At 04,30 the engines were put on stand­by and at 04,38were put on half speed. This was done according to the master to delay his arrival off St. Davids until 06,30, which was his ETA. At 04,40 the helmsman was ordered to steer 165 degrees. The vessel did not respond to the helm. The Tifoso was aground. She was l l/2 miles from the l2 mile range light on the 60­ft­hightower of North Rock Beacon. The tower is listed as a radar reflector.

To help to prevent future stranding in Bermuda and elsewhere, the report offers three basic navigational concepts:

1. Never accept anything without checking and double checking from ail and every source of information.

2. Never rely only on a buoy which is inevitably unreliable especially in bad weather.

3. When making a landfall on a lee shore and in bad weather at night, haul off and remain in deep water until daylight or after the definite position has been assured.

QUESTIONS

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1. Give some of the main particulars of the MV "Tifoso", such as owners, master, officers and crew.

2. What is the "reactivation survey" of the vessel? 3. What were the nautical books and publications available on board the "Tifoso"? 4. Describe the voyage and cargo of the ship. 5. Why did the Master have to put into Bermuda? 6. What was the reason for the breakdown of the first alternator? 7. How was the ship's approach to Bermuda made? What did the Master rely on? 8. What was the safe approach to reach Bermuda? 9. What did the master say in his evidence? 1O. Why should one not rely on a buoy for fixing the ship's position? 11. What happened with the buoy in this particular case? 12. Explain the particular events of the stranding. 13. What other means of establishing the ship's position were available on board or shore? 14. How can father standings be avoided?

EXERCISES

I COMPREHENSION

Insert the missing VERBS from among the following: COMPLY WITH, BREAK DOWN, PUT INTO, APPOINT, CHECK, APPROACH, CARRY, BE, GIVE, MAKE; Supply also the required verb form:

1. The master failed to with the basic rules of navigation. 2. Mr. Young as master by the Owner's decision two months ago. 3. Each ship should a number of nautical publications, such as List of

Lights, Notices to Mariners, Thomas' Stowage, etc. 4. At O2,4O the 75O kW alternator . 5. The greaser dit not the lube oil level. 6. Because of the breakdown the master had to the port of refuge. 7. The ship the port from the northern entrance. 8. Although the particulars of the lights in the List of Lights, the master did

not consult this publication. 9. At O2,28 there a breakdown of the main engine. 1O. When landfall one should rely on a number of sources of

information. 11. Every source of information should be and rechecked if necessary.

II GRAMMAR

Make nouns from the following verbs and classify them according to the ending :

21

1.

e.g. strand ­ stranding select ­ selection arrange ­ arrangement

Other endings: ­ ance ­ ure ­ er ­ ence ­ φ

2. Find and write down all the adverbial adjuncts of TIME in the text above, e.g. :

The Tifonso ran aground ­ at 04.40 local time ­ on 20 January 1983

3. Shorten the following relative sentences (see exercise II 3 in Unit Two):

1. The publications which were supplied to the ship were not used. 2. Changes in the List of Lights which were on board were not consulted. 3. The light that he actually saw not the North­East Breaker Buoy. 4. The course that the ship was steering was changed to 190 degrees. 5. The wind which was gusting to 36 knots made steering very difficult. 6. The action that was taken to avoid collision was not efficient. 7. A vessel which is proceeding at high speed will have to alter her course considerably.

4. Word forms: Supply the right form of the words in brackets : ( fail, failure; break down, breakdown)

1. The master to comply with the Rules of the Road. 2. The of the electrical supply was detected too late. 3. The of the engines caused a big delay in arrival. 4. On checking the generator we found that the output shaft had . 5. The master's to notify the Owner caused a great deal of trouble. 6. Why did you in your exam? 7. Overheating of the windings caused a of the generator.

strand Select load approach Appoint break down fail Supply connect investigate Publish arrange maintain Instruct steer decide Refer delay Sail

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III TRANSLATION

Ovime Vas obaviještavam da se tanker SEALION, koji je plovio pod liberijskom zastavom, sudario s mojim brodom u području ... dana 30. travnja ... u 16,45 sati po lokalnom vremenu. Kada je časnik straže opazio (notice) tanker koji se približavao mom brodu, tanker se nalazio na udaljenosti od 6 milja od nas. Njegov smjer (bearing) bio je 15­20 stupnjeva bočno po krmi (abaft the beam). Kada je tanker, koji se sve brže približavao (come closer and closer), bio udaljen oko 100 ­ 200 m, sa mosta je bila dana zapovjed "Svom snagom natrag". Tanker je morao skrenuti u lijevo, ali nije. Zbog toga se sudar nije mogao izbjeći. Prilikom sudara liberijski tanker udario je (strike) u lijevi pramčani dio mog broda i prouzročio (cause) znatnu štetu.

IV GUIDED WRITING

Summarise the stranding of the "Tifoso" following these headlines:

­ particulars of the ship, master, and the voyage ­ publications on board after reactivation survey ­ safe approach to Bermuda ­ plotting the chart ­ DMA lights ­ North­East Breaker Buoy ­ May 1982 ­ weather conditions on the approach ­ master's error ­ wrong buoy ­ alteration of the course ­ navigational systems not used or consulted ­ vessel not responding to helm ­ vessel aground ­ conclusion

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UNIT FOUR

BREAK BULK CARGO

Break Bulk Cargo operations include the handling, carriage, stowage and storage of cargo in individual items, i.e. crates, cases, cartons, bags, bales, bundles, drums, barrels etc., listed in a number of Bills of Lading, each consisting of a different commodity.

Stowage should aim at distributing the cargo for any particular port equally, or as nearly so as circumstances permit, in every hold, thus provision is made that all the cargo handling equipment is employed to its full capacity throughout the time the vessel is loading and discharging. It is best to ensure that the "heavy" hatch does not have to remain working for extensive periods after all other hatches are finished and have been battened down, with the added restriction probably, if only one gang and one hook is able to get access to the space being worked.

Where foodstuffs and fine goods are stowed (that is, goods such as carpets, clothes, etc., that may be easily damaged or take on taint) only clean nail­free dunnage should be used and stowage should be found in separate compartments away from such obnoxious commodities as creosote, aniline, essential oils, petroleum, copra, hides, manures, cassia, certain chemicals, turpentine, newly sawn or most kinds of timber, green fruit, onions, etc.

Weighty packages such as cases of machinery, railway bar or plate iron, blocks of stones, ingots or pigs of metal, etc., should always be stowed on the floor and the lighter cargo on top.

As a general rule fragile and light packages should be stowed in 'tween deck space. The nature of the packages sometimes calls for them to be kept in a certain position,

i.e. coils and rings on the flat, etc. Avoid stowing bale and light goods on top of cargo which has life and spring, or against bulkhead stiffeners, deck beams, brackets, frames, stanchions or other projections, using plenty of dunnage to protect them from contacting such projections and rough surfaces.

Each tier should be kept as level as possible (with packages of uniform size it should be perfectly level). Packages should not be stowed in such position that they tilt either way, as will occur at the turn of the bilge, or with the rise on floor in the fore part of the forward hold, etc., unless properly dunnaged or bridged.

Any break in stowage ­ or broken stowage ­ caused by the presence of pillars, stanchions, brackets, etc., for the filling of which certain packages are not available, or space which is unsuitable to receive a package of cargo, should be packed firmly with suitable dunnage, in order to prevent any movement of cargo in a seaway and to afford a stable and level platform for the next tier.

QUESTIONS

1. What is break bulk cargo? 2. What do the break bulk cargo operations include? 3. What does the distributing of cargo for various ports aim at?

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4. What is a "heavy" hatch? 5. What is meant by "battening down the hatch"? 6. What kind od dunnage must be used with foodstuffs and fine goods? 7. Where should you stow weighty packages? 8. How can you protect bales or light goods from damage in the ship's hold? 9. What measures should you take to stow the cargo properly in way of bilges, rise of

floors, or in the fore parts of the forward hold? 10. What are the two meanings of the term "broken stowage"?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Supply the missing word from those listed in the brackets: (TIER, CASES, MISSING, DAMAGE, RAIL, BAGS, TALLY, HOOKS, LIABLE, TORN, SHORE, USE, STOWING, BARREL, DRUM)

1. Many kinds of commodity are packed in for shipment such as flour, coffee, sugar, cement, etc.

2. When receiving bag cargo a careful is essential. 3. Tally should not be made in lighters or on ; it should be taken at the

ship's . 4. , defective or hook­marked bags should be rejected. 5. Most bag cargoes are liable to if stowed with moist cargo or cargo

to sweat. 6. The of hooks should not be permitted in handling bags at any

circumstances. 7. containing heavy machinery should be stowed with marks up, and

them on edges of the hold should be avoided. 8. Each of heavy cases should be kept as level and firm as possible to

prevent damaging smaller packages. 9. Casks or is a general term for ail round and oblong containers, built of

wood staves and bound by hoops. 10. Casks made of steel are called . 11. Bales of cotton should be carefully examined on wharf or , and all

damp or wet bales, or those with burst or bands should be rejected.

II GRAMMAR

1. Supply a suitable verb form (tense, active or passive voice):

In the stowage the first consideration must (give) to safety. The cargo must (stow) so that the ship (be) stable and seaworthy. It must (secure) in such a manner that it cannot (shift) if the vessel (encounter) bad weather. Care must (take) to stow it so that it (not damage) either by contact with or proximity to other kinds of cargo.

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Care must also (take) to prevent pilferage or damage while the cargo (stow). Where cargo (ship) for several ports, (arrange) it in the hold in such a way that it can (discharge) conveniently at each port, and that no cargo (overcarry).

2. Word Forms. Supply the right form of the words listed in the brackets (handle, handling; store, storage; stow, stowage, stowing; discharge, discharging):

1. The cargo must be in the fore end of the hold. 2. Each officer must be well familiar with the factors for individual cargoes. 3. Broken includes also the areas around pillars, knees, stiffeners, stringers etc. 4. The ship's must be sealed when in port. 5. Avoid lightweight cargo in the bottom tiers. 6. Survey on hatches are made in the port of . 7. The chain cable is in the chain locker. 8. The of the cargo in the discharging port will take 6 hours only. 9. Modern cargo equipment is vital to any port. 1O. with care!

3. The following collocations (verb + object noun) were used in the reading text:

make provision, finish the hatch, batten down the hatch, get access to, work a space, stow the goods, take on taint

Find and write down the sentences where these collocations are found, and check the meaning of the collocations.

4. Extend the shortened relative sentences to full verb sentences; use the appropriate relative pronoun:

1. Break bulk cargo including such goods as crates, cases, bales, etc. is also called general cargo.

2. Vessels carrying break bulk cargo are called general cargo ships. 3. The method employed for handling the drums proved very successful. 4. It is always necessary to determine the place most suitable for stowing heavy lifts. 5. Avoid stowing light goods on the cargo having sharp ends.

5. Purpose. The following sentences from the text express purpose:

1. Stowage should aim at distributing the cargo equally. 2. Plenty of dunnage should be used to protect the bales from contacting the ship

hold projections and rough surfaces. 3. Any break in stowage should be packed firmly with suitable dunnage in order to

prevent any movement of cargo.

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Rearrange the sentences below by introducing one of the underlined elements:

1. The purpose stowing is to ensure the ship's stability and to prevent damage to cargo.

2. The damaged packages were sent on shore for reconditioning. 3. Effective actions should be taken so that collision could be avoided. 4. The stowage factor should be increased substantially in order that it may be

useful in stowing refrigerated cargoes. 5. The master decided to put into Bermuda to have the necessary repairs performed. 6. All available means should be used for determining if the risk of collision exists. 7. To pick up the buoy the ship had to sail close to the reef. 8. The lookout had been sent to call the next watch.

III TRANSLATION 1. Teret se mora slagati tako da gubitak prostora bude minimalan. 2. Neiskorišteni prostor obuhvaća sve prostore između i oko koleta, ili u području

(in way of) stupova u skladištu, koljena, proveza, ukrepa, te prostor koji je ispunjen "duneđom".

3. Faktor slaganja obično se definira kao prostor (u kubnim stopama ili metrima) koji zauzima jedna tona (occupy) nekog tereta, ako je pravilno složen i podložen (dunnage)

4. Volumenski teret (measurement cargo) ima faktor slaganja više od 40, a težinski (dead weight cargo) ispod 40.

5. Na što morate paziti u skladištu za vrijeme iskrcaja? 6. Ako brod ima međupalublja, da li je potrebno podlaganje tereta (dunnaging)? 7. Kako se treba rasporediti mješoviti teret u skladištu? 8. Kako treba slagati željezničke šine? 9. Kako biste složili najniži red bačava? 10. Koliko bačava smijete složiti u visinu? (How many heights of ...) (allow)?

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UNIT 5

TIMBER

Timber measurements are the most complicated and laborious of all the various measurements in use for shipping purposes. The unit of measurement in use in the UK, North European countries, etc. is “a standard” of which there are many varieties, bearing no relation one to the other. In North America the unit of measurement is the 1,000 board feet; in France, Italy, Belgium, etc., the unit is the “Stere”, equivalent to the cubic metre of the metric system, while “Petrograd standard” is almost exclusively used in the UK.

Timber cargo may consist of a “composition” of logs, planks, deals, battens, small batten boards, small boards, scantlings, slatings, and laths ­ the latter two being usually in bundles. A good composition for cargoes is two­thirds deals and battens and one­third boards, and the vessel with clear holds should stow this at about 225 cubic feet per standard.

If the cargo consists of more boards and contains quantities of small boards, slatings and laths, the stowage factor would be subsequently higher. For example bundles of laths stow at about 320 cubic feet to the standard.

By a custom prevailing in the Baltic wood shipping countries a shipper is supposed to have a margin of one­sixteenth of an inch in cutting his planks. This margin is very often exceeded and may be found to be as much as one­eighth which the ship carries free.

Newly cut timber, being full of sap, is naturally much heavier than timber cut the previous season and the vessel is not able to carry so high a deck load as with old cut timber.

The best type of timber carrying vessel is that which has a large beam in proportion to draft with a minimum number of obstructions in the hold, such as stanchions and web frames.

Slings

While the use of chain sling is permissible for handling deals and battens, rope or webbing slings should be used for boards, box boards, slats laths and similar classes of timber as well, of course, as with prime woods. Slings with spreaders will be required for packaged timber.

Packaged timber

Sawn timber is almost invariably packaged or unitised. These packages may vary in length and size, depending on the handling equipment, consignee, etc. Specialised handling equipment, such as straddle carriers, may be used, and special terminals provided for the handling and stowage of this type of cargo. Where packages consist of sawn lengths of varying length, it is normal practice to square off one end to give a flush face. Where such packages of varying lengths are made up, and where the holds of the vessel are not suited to cargo made up in this way, there may be a great deal of wasted space.

Deck loads

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When deck loads are carried, which is more frequent than not, the upper deck should be assisted to carry its load by hard wood wedges driven between the deck beams and a plank placed athwart on top of the timber cargo below, and adequate compensation should be made for any stanchions which have to be removed. The practice of removing stanchions should be restricted as much as possible.

When dunnaging under a deck cargo of timber, use rough 25 mm boards placed diagonally 750 mm to l,000 mm apart, so as to distribute the weight evenly over the beams, etc., and avoiding buckling deck plates.

Stanchions to support deck loads at the side should be of sufficient length so as to extend not less than, 200 mm above the finished level of deck cargo, to permit manropes being fitted to same for the protection of the crew. Stanchions, which are usually supplied by shippers as part of the cargo, should be spaced about 2,500 mm to 3,000 mm apart and be inclined inboard.

Chain lashings are probably the most effective lashing method for deck cargoes of timber.

Lashings are usually shackled to eye plates or wing bolts riveted to the part of the sheer strake, extending above the deck stringer bar, or to the deck, spaced 2,500 mm to 3,000 mm apart. Each length of chain should be long enough to meet its mate in the middle line, where two free ends are connected to a heavy turn­buckle and slip hook by which the chains are set up.

QUESTIONS

1. Why are timber measurements the most complicated of all the measurements in shipping?

2. What are the most frequent measurements and where are they applied? 3. What are these equivalent to? 4. What is a "standard"? 5. What is the timber cargo usually composed of? 6. How can the stowage factor in timber stowing be increased? 7. What is the best kind of a ship carrying timber? 8. What kind of slings are used in handling various types of timber cargo? 9. How is packaged timber carried by sea? 10. What should you be particularly aware of when loading timber cargo on deck? 11. What is used for lashing timber? 12. Where are the chain lashings secured and how are they tightened?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Some of the most frequent timber measurement units are: BOARD FOOT, STERE, PETROGRAD STANDARD, METRIC TON, and MILLE. State which of the definitions for timber measurement refers to the units listed above:

29

1. a unit equalling to 165 cu. ft, 1/2" x 11" x 12' used in the UK and northern European countries, l20 pieces;

2. a unit used in America, equal to 83 1/3 cubic feet, usually expressed in 1000 units of the same;

3. used in France, Italy, Belgium = 35.314 cu.ft; 4. equals slightly more than half a Petrograd Standard, used in, the American Timber

Trade. 5. unit which equals 1.1023 short tons or 0.9842 long tons

2. The following are some of the basic types and sizes of timber cargo. Classify them according to their thickness:

­ BATTEN (daska, deblja): a sawn piece of timber from 6" to 7" wide and not less than 4" thick, stow at 220/225 c.ft. per Standard; 150x180x100 mm

­ BAULK (sljemenjača, greda): a large, heavy beam of timber ­ hewn (otesan) or sawn

­ BOARD, (daska, tanja): sawn timber 2" (30 mm) thick and under, any width; ­ DEAL (daska odr. dimenzija): sawn timber not less than 2" thick and 9" or 10"

wide; 50x250 mm ­ FLOORING (podne daske, brodski pod): white or yellow boards, chiefly 3/4 to 1

1/2" thick, planed, either square edged or tongued and grooved; ­ LATH (letva, motka): thin narrow strip of wood for the building trade, Sawn laths:

1" to 1 1/4" to 5/16"; ­ LOG (trupac, balvan): a heavy piece of timber either round, hewn or sawn; ­ PICKET (kolac, proštac): sharpened stakes ­ shipped in bundles; ­ PIT­PROP (rudarska drvena grada): short, straight lengths of timber, mostly fir,

denuded of the bark; ­ PLANK, (planka, trenica, podnica, debela daska): any substantial piece of sawn

wood of substantial thickness; ­ SCAFFOLDING (drvena grada za skele) light poles of varying lengths; ­ SCANTLING (četvrtača, greda): a timber of comparatively small cross section;

("murali") ­ SHINGLE (krovne drvene pločice): thin slats used for roofing); ­ SHOOK (dašćica, za bačve): a complete set of staves (body and head) for making

casks or cases ready for assembly; ­ SLAT (letva): strips of wood used in the manufacture of light cases ­ shipped in

bundles ­ SLEEPER (želj. pragovi): usually of Baltic Fir or hard­wood (oak jarrah);

railway­ties; ­ STAVE (duga, dužica, prečka; za bačve, sanduke) thin pieces of wood (staves)

usually used for cases, barreis, etc; ­ POLE (stup, kolac, motka, "pilot"): a long rounded piece of wood, pointed at one

end; stake; ­ BATTEN ENDS (krajevi) a sawn piece of timber under 2,500 mm in length

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3. Here is a list of the common types of timber carried by sea. Find their Croat equivalents in the dictionary:

4. Fill in the missing words from the list below: (CUBIC, MEASUREMENT, SECURED, LASHINGS, STANDARD, BOARD FEET, STANCHION, PETROGRAD STANDARD)

1. Timber measurements are the most complicated in the use for shipping purposes. 2. The American unit is the 1000 , equal to 83 l/3 cubic feet. 3. Belgium, Italy and France use the "stere", which is equivalent to one

metre. 4. There are several varieties of the , which have no relations to each other

at all. 5. In the northern European countries and in GB the is in common

use. 6. Over­all of sufficient strength should be placed throughout the timber deck

cargo. 7. are pieces of timber fitted vertically to support deck loads of timber. 8. The timber deck cargo must be compactly stowed, lashed and .

II GRAMMAR

1. Word Forms. Insert the right word from the brackets and check its meaning : (measure, measurement; package, packaged, packing, packaging)

1. timber is usually made up into pallet slings. 2. General cargo is carried in various types of , such as cases, crates,

containers, etc. 3. Three have been lost in transit. 4. Timber are among the most complicated ones. 5. Timber planks must be cut to . 6. The standard is the most frequent timber . 7. On inspection it was found that both the cargo and its were damaged.

2. Result. Study the sentences below, showing result or consequence:

ash cork greenheart oak beech cottonwood ironwood pine birch deal Lignum

vitae redwood

box ebony Lime sycamore cedar elm mahogany teak chestnut fir Maple yew

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1. When dunnaging use boards placed 750 to 1000 mm apart so as to distribute the weight evenly over the beams.

2. Stanchions should be of sufficient length so as to extend not less than l200 mm above the finished level of the cargo.

3. Each length of chain should be long enough to meet its mate in the middle line.

Join the pairs of sentences so as to convey the idea of result:

1. The cargo of timber was wet. We had to increase the freight. 2. The stowage factors are very high. They ensure the proper economy of cargo

space. 3. The packages are too heavy. They cannot be handled with the ship's cranes. 4. The timber is full of sap. It cannot be carried on deck.

III TRANSLATION

1. Teret drva na palubi mora se složiti, vezati i učvrstiti tako da ne dođe (there + be) do pomjeranja tereta u najoštrijim vremenskim uvjetima. 2. Nogostupi (walkways) moraju biti široki najmanje 1m i moraju se postaviti (fit)

preko tereta drva na palubi. 3. Teret drva na palubi mora se rasporediti da se izbjegne preveliko (excesive)

opterećenje palube i cijele nosive konstrukcije (supporting structure) trupa broda. 4. Lančane brage (pasci) smiju se koristiti za rukovanje debljih dasaka, tavalona,

greda i trupaca, dok se brage od konopa koriste za tanje daske (do 2" debljine) i letve.

5. Pakovano drvo prevozi se u kontejnerima i na paletama, kao jedinični teret. 6. Koleti drva su preteški da bi se krcali na palubu. 7. Jedinice za drvo (timber measurement) su složene, pa se moraju posebno

proučavati (study).

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UNIT SIX

CARGO DAMAGE AND CLAIMS

DAMAGE BY TEMPERATURE

Some commodities may be affected by temperature fluctuations (which may cause condensation, or accelerate deterioration) or extremes of temperature which may shorten the "shelf life" of the commodity, or even change its chemical composition.

Some commodities are so susceptible to temperature change or the degree of temperature at which they may be carried, that controlled temperature may be a requirement.

Some commodities are liable to spontaneous heating, which would include:

1. Coal with accompanying escape of marsh gas increases the risk or explosion, also loss of calorific value.

2. Rice, oats, maize, oil seeds ­ and other grain especially if shipped in an unripe condition, give off a great deal of moisture, causing sweat damage to the grain as well as to other goods in the vicinity.

3. Fine seeds ­ heat and germinate if stowed in a badly ventilated space or where moisture gets at them.

4. Oil cake and tobacco become soft, stale and mouldy. 5. Hay, wool, pepper, cocoa ­ if wet or damp, very liable to spontaneous combustion, sweat

damage and deterioration. 6. Nuts, beans ­ peculiarly liable to heat, sweat and deterioration.

Commodities which are subject to damage due to heating should be stowed away from local sources of heat, i.e. away from engine and boiler room bulkheads and casings, and apart from wet goods to avoid increasing the evaporation of the liquid contents of the latter. If the cargo is in containers, stowage on board and ashore should be protected from direct sunlight.

CARGO MIXTURES

Claims of this class are mostly in respect of bulk grain and seed cargoes, but heavy claims may be paid for other mixtures such as china clay and silver sand, seeds with jaggery, oil with ore, charcoal with sugar, broken and unbroken coke, pulp with fibres, plastic granules with rice, etc. Such mixtures may also occur in spite of packaging, e.g. plastic granules infiltrating bags of rice.

To avoid damage and loss of this kind, careful regard should be given to:

1. Overstowing: goods should be selected for stowing on or over others with a view to eliminating or minimising the risk of such mixtures, avoiding where possible, such stowage as bagged seeds over jaggery, powdery goods over sugar or seeds, oil over ores, plastic granules over bagged rice, etc.

33

2. Separations: when different lots of bulk grain, etc., or bagged goods are carried, the contents of which are liable to mix as a result of torn packages or of sifting, they should be separated in such a manner as to preclude mixture and facilitate the collection of "sweepings" from the top cargo before disturbing the stow below.

RUST DAMAGE

Due mainly to moisture, rain, fresh or salt water, and sweat (and the presence of oxygen) rust is a corrosion producing red discolouration and, in certain circumstances, heavy pitting.

The moisture causing the rust may be introduced by: leakage, other cargo, packaging, green timber (dunnage), rain (when ashore, or when the hatches are open), or even the ventilation itself.

Processed steel may suffer irreparable damage if rust is permitted to gain a hold. Canned goods spotted with rust, or worse, may lose much of their value to the consumer. Goods liable to damage by rust should not be stowed in the same compartment or container with cargo, packaging or dunnage which is liable to give off moisture. Ventilation may be a requirement, but as mentioned above, it could on occasion aggravate the situation.

PILFERAGE ­ BROACHING CARGO

In order to protect the ship from blame and responsibility for pilferage occurring on shore the greatest vigilance by the Ship's Officers is necessary. Incoming cargo should be carefully examined ­ which is best done on the dock or wharf rather than on board ­ and every unsound or suspicious package rejected until its contents have been ascertained. When discharging, clean receipts for all packages delivered should be demanded except, of course, for those actually found to be short of contents.

To guard against pilferage and broaching on board ship, the Ship's Officers should organise a close watch on the holds and other cargo liable to be broached. When many holds containing broachable cargo are being worked, responsible ship's personnel (and where necessary special shore watchmen) should be employed in watching cargo.

RATS AND MICE

A rat consumes approximately its own weight in food per week, but the mischief, unfortunately does not end there.

In the interests of health as well as the preservation of cargo from rat damage the fumigation of holds, peaks and accommodation generally is at times essential. Except when plague is suspected machinery and boiler rooms are not included.

It has to be borne in mind however, that whilst "deratisation" by fumigation, or otherwise, may destroy all rats when on board its efficacy is only temporary and that, in the absence of proper safeguards, the ship may quickly become rat infested again.

SMALLER VERMIN

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Certain commodities are liable to introduce vermin in the ship, the presence or ravages of which may prove costly.

Bales of rags, unless thoroughly fumigated, often harbour lice and other insects which, in turn are carriers of certain diseases. This class of cargo should not be received on board unless accompanied by a reliable sanitary certificate, which in most cases requires to be endorsed by the consul of the country of destination.

Certain tropical woods ­ more especially the kind used for dunnage ­ are apt to harbour the white ant ­ a most destructive insect capable of causing serious damage to certain kinds of goods, wood fittings, etc.

Timber dunnage from temperature regions may harbour eggs or larvae, so that some countries (particularly Australasia), have developed strict safeguards and regulations to prevent the import of these insects.

MECHANICAL DAMAGE

Lowering heavy slings or drafts of cargo too fast on to cargo already in stowage may be responsible for damage, which often goes undetected until discharge. Similarly, forcefully dragging cargo out that is wedged by other cargo or even overstowed, may be another source of damage at the time of discharge.

The use of cargo hooks may be indispensable in the handling of a large variety of break bulk commodities, but with bagged cargo, fine baled goods, hides, furs, roils of paper and matting, light packages, liquid containers, crates and the like, packages whose contents are exposed or unprotected, the use of cargo hooks may be productive of much mischief and claims; and should be strictly prohibited.

Crow and pinch bars may also be indispensable to the sound stowage or breaking out of many classes of heavy packages, but their use should never be permitted when stowing barrels, other liquid containers, or with any other packages which are not substantial enough to withstand damage from their use.

While special lifting and handling gear may be used for certain types of cargo, the improper use of such equipment may damage the cargo or its packaging. Net slings are most useful with many kinds of small packages but if used with bagged stuff, light cases, etc., a great deal of damage may result. Similarly chain slings are indispensable for certain types of packages and useful for most classes of iron goods but the use of such with light cases, sheet iron, coils of copper, piping, sawn logs of valuable timber and other goods liable to buckling, fraying or marking by chain may be productive odd damage or claims.

Canvas or man­made fibre slings should be used for slinging bagged flour, coffee and light cargo, while the use of trays for certain classes of goods is much to be preferred to slinging by net or rope.

QUESTIONS

1. How does temperature affect certain cargoes, in particular coal, rice and oil seeds, tobacco, wool, copra, beans?

2. How should cargoes susceptible to temperature change be stowed? 3. What mixtures of cargo cause the majority of claims?

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4. How can damages and losses from cargo mixtures be avoided? 5. How does rust damage arise? 6. What is the basic requirement for avoiding and preventing rust damage? 7. How is pilferage or broaching of cargo prevented? What precautions should the

cargo officer undertake? 8. Why are rats a great danger to the goods carried by sea? 9. What are some of the most important kinds of vermin and what kind of goods do

they affect? 10. When should the holds be fumigated? 11. What are some of the major sources of mechanical damage to cargo? 12. How does the lifting gear and improper use of equipment affect the cargo?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Fill in the missing words stating the kind of damage claimed: (MIXED UP, TAINTING, BROKEN, LEAKING, DETERIORATION, HEAT, CHAFING, DAMAGE, PILFERAGE, MECHANICAL DAMAGE)

1. Despite our efforts the lots of steel have been loaded without regard to the order of B/L's and the parcels of different shippers have been consequently .

2. On taking delivery we found that l43 barrels were . 3. While discharging the cargo two cases fell down on the quay and were . 4. The cargo of butter was damaged because it was exposed to . 5. Dusty goods should not be stowed over goods which are susceptible to

by dust. 6. damage is caused by to­and­fro motion arising from the vessel's

motion in a seaway. 7. Cargo which gives off fumes or odours should never be stowed with fine goods or food stuffs as damage may result.

8. To protect valuable cargo from it should be stowed in special cargo lockers.

9. Because of the generator failure, all the frozen, chilled, and air­cooled cargo suffered a great deal of .

10. Goods which are shipped without packaging may be directly affected by .

2. Complete the following text with the words in the brackets supplying the right forms in the case of verbs: (CONDITION, CARELESS, CAUSE, ATTENTION, CRUSH, CLAIM, HOOK, DROP, PROTEST, DAMAGE, LIABILITY)

Dear Sirs,

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I wish to draw your to the fact that owing to negligent and handling by stevadores during discharge heavy has been caused to the goods. Several boxes were due to improper slinging and some boxes from the sling and were broken. As a result of using a number of bags of wheat were badly torn causing considerable loss. Under the circumstances I against damage caused, because my vessel arrived in port with the cargo in good order and . Consequently I repudiate any in view of the above damage, which was solely by improper discharge.

Master.

II GRAMMAR

1. Read the following sentences expressing the cause­result relationship and underline the part of the sentence indicating result:

1. Some commodities are so susceptible to temperature change that controlled temperature may be required.

2. Copra gives off a great deal of moisture thus affecting other commodities in the vicinity.

3. Different lots of bulk grain should be separated in such a manner as to preclude their mixture.

4. Timber dunnage from temperature regions harbour eggs or larvae so that strict safeguards and regulations have been developed against import of these insects.

2. Word Forms. Supply the right word from the brackets: (liable to, liable for; susceptible, susceptibility; deteriorate, deterioration)

1. Some cargoes such as beans and nuts are liable to . 2. Citrus fruit and other perishable cargoes easily. 3. Special attention should be paid to coal and oil because of their to

combustion. 4. Coal is a commodity which is to spontaneous heating. 5. Lightweight cargoes are particularly to damage by crushing. 6. to deterioration means the same as to deterioration. 7. Who was the damage caused to the cargo?

3. Turn the sentences containing typical Verb + (object) Noun in this Unit (underlined) into passive:

1. We can avoid damage by a better securing of the cargo. 2. Wet dunnage may cause damage to the cargo in the vicinity. 3. Crated fruit can withstand damage from overstowing. 4. The ship will deliver the package in a sound condition. 5. The use of crowbars can damage both the cargo and its packaging.

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6. We dragged the cargo stowed in the remote places of the hold by means of a tackle. 7. The consignees claim damages in the sum of 23,200 pounds sterling. 8. We have made a claim against the stevedoring company for the damage to the container.

Supply the missing Reposition

Dear Sirs,

Re.: 800 bags of urea under B/L No. 6 190 cases of light machinery

I wish draw your attention the fact that owing the negligent and careless handling stevedores, during discharge the above cargo, heavy damage has been caused the goods.

Several cases were crushed owing improper slinging and some boxes dropped the sling and were broken. As a result the use hooks a number bags urea were badly torn and considerable leakage and loss ensued.

the circumstances I protest the damages caused, as my ship has brought the cargo good order and condition. Consequently, I repudiate any claims connection the said damage, which was caused solely inefficient discharge. the same time I must hold the Stevedores responsible the above damage and all the consequences that may arise there . Please advise the Stevedores, the Port Authority, the Consignees and all the concerned accordingly.

Yours faithfully XY, Master of the m/s ZZ

III TRANSLATION

1. Da bi se sačuvali od krađe, vrijedniji tereti prevoze se u lokerima. 2. Da bi se spriječilo oštećenje od topline treba teret slagati podalje od pregrada

kotlovnice, strojarnice kao i od vlažne robe. 3. Veoma čest uzrok oštećenja mirisom su šuplji (leaky) tankovi goriva u dvodnu ili

ispod pajola (tank top) . 4. Neoprezno (careless) rukovanje vitlom prilikom spuštanja tereta u skladište ili na

obalu može dovesti (cause) do mehaničkog oštećenja koleta. 5. To isto vrijedi (hold) za njihanje (swinging) tereta u skiadištu, bacanje (dropping)

koleta s vrha reda ili sa "brage". 6. Skrivena mana (inherent vice) čest je uzrok štete na teretu. 7. Teret koji se lako kvari treba čuvati (guard against) od izloženosti (exposure) toplini. 8. Banane su se pokvarile do te mjere (to the extent) da se više ne mogu upotrebijavati. 9. Teret valja složiti tako da se ne može lako oštetiti trenjem (chafing)

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10. Teret je bio preosjetljiv (liable) na miris (tainting) pa je zapovjednik upisao opasku na teretnicu (endorse the B/L).

11. Pola letvarica (crate) s rajčicama stiglo je u pokvarenom (deteriorated) stanju. 12. Dvije trećine štete nastalo je uslijed (be due to) nepravilnog slaganja, a jedna uslijed

skrivene mane.

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UNIT SEVEN

SHIPPING PROCEDURE

The shipping procedure starts when cargo liner, operating on schedule voyages, at her terminal port, and the owners or agents have estimated the date when sae will be ready to start loading for the next voyage.

Application is made to the Port Authority for a berth giving the date she will proceed alongside and later, when it is known, the actual time, particulars of draught, information regarding the tonnage and type of cargo she will work, and the maximum draught anticipated when loading has been completed.

The length of the ship is also required for placing her in relation to the cargo to be loaded, also for fuel and water supplies. Furthermore, it helps the Port Authority to make maximum use of berthing accommodation.

Directly the berth has been made known to the owners, agents or brokers, this information is then sent to the shippers concerned together with loading dates, and ports of destination. Ideally, the cargo should arrive at the berth five or six days before the ship docks or is ready to load. This period is generally known as "receiving days".

The procedure and documentation covering the despatch, receiving storing and shipping is, in principle, the same in most parts of the world although, of course, it can differ in detail.

Clearing and forwarding agents very often act on behalf of exporters. An invoice must be made out for each package and forwarded to the consignee at the receiving end. This shows the mark of the package, the number and description of each article together with the price, charges and the name of the carrier. Apart from its commercial value, this document is necessary in the event of loss or damage in transit to enable an assessment of the claim to be made. The exporter or his representative applies for shipping

40

space direct to the shipowner, his agent or broker. Ship brokers or agents generally work on a commission basis.

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At the appointed time, the goods are transported to the docks accompanied by a shipping note made out in duplicate, which is the wharfinger's authority to receive the goods and store them before shipment. This note gives details of marks, references, number and description of packages, weight, measurement and port of destination. Along with this note copies of the Shipping Order and Mate's Receipt are completed.

The note is signed by the wharfinger and returned to the shipper, or his representative, who then lodges bills of lading with the shipowner or agent.

Each package making up a shipping consignment must be distinguished by mark which is known as the leading mark and is necessary for identification of the goods. All relevant documents must also bear this mark.

Each package is then recorded on a tally sheet against the respective leading mark and generally, at the same time, measured for computation of tonnage for the purpose of charging freight. Freight is generally assessed on the weight or measure of cargo with variations, whichever is the greater. Freight is sometimes charged on the value of the goods instead of weight. This is known as Ad Valorem freight.

After each package has been tallied, measured and made up into slings on the wharf apron, it is then loaded aboard ship under the supervision of the chief officer or cargo officer. Cargo has to be stowed with due regard to the sequence of discharge in order to avoid demurrage and additional labour costs, which would be incurred if the goods destined for one port were overstowed by those for the next port of call.

Further, cargo should be distributed throughout the ship to facilitate speed of discharge. An additional point for consideration is the quantity and type of cargo in different holds. When the ship has completed loading specification of all cargo on board is prepared, and this is known as the ship's manifest. Copies of manifests are provided by the custom or consular authorities of the

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country of export and import. Separate manifests must be made out for each port of destination.

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The cargo plan shows in diagrammatic form the longitudinal section of the ship and each hold with its respective decks, with main consignments marked off by coloured blocks related to each port of discharge.

When loading operations are completed the agent, or master of the vessel, applies for a clearance of the ship at the local Customs house. This clearance is not given until the Collector of Customs is satisfied that documentary evidence has been produced to testify that the cargo is in order, the necessary permits have been procured, and Customs formalities complied with. The officer issuing the clearance must also satisfy himself that harbour and light dues have been paid, and that emigration and port health regulations have been carried out.

On arrival at each port of call the respective cargo is discharged and received and stored by the appointed authority who, in turn, delivers it to the consignee on a bill when the freight has been paid. A bill of lading, being negotiable, is sometimes transferred to the consignee through a bank who will only release it after the freight and cost of the goods are settled.

QUESTIONS

1. What must be known before the shipping of goods by sea starts? 2. What information is given in the application to the port authority? 3. What are the "receiving days"? 4. Who often works on behalf of exporters? 5. What are the functions of the invoice? 6. What are the basic duties of the shipper? 7. What is the function of the Shipping Note, and what are the other two documents

issued along with it? 8. When is the Bill of Lading lodged? 9. What is the "leading mark"? 10. What are the three bases for assessing freight? 11. What are the basic conditions for stowing cargo on board? 12. When is the Ship's Manifest prepared? 13. What is a cargo plan? 14. Where and when is the clearance applied for? 15. What conditions must be fulfilled before the Customs Clearance is issued to the ship? 16. When is the cargo delivered to the consignee?

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EXERCISES

I COMPREHENSION AND VOCABULARY

1. Here is a list of some of the major participants in the shipping procedure:

Ship owner, Shipper, Consignee, Port Authority, Stevedores, Custom House, Clearing/Forwarding Agents

Which of these are defined below:

Name of participant

Company engaged in loading/discharge and stowage of cargo on board ship. 1. Company that operates, manages or owns vessels

and undertakes the carriage of goods by sea. 2. a shipping agent or merchant that provides the

goods and books shipping space with the owner. 3. a firm or persons authorized to receive the cargo

and to whom it is consigned. 4. a governmental or administrative body governing

the safety and arrangement of port operations. 5. persons or company engaged in taking care of

cargo or personal effects from one place to another by sea, land or air; also dealing with customs formalities on behalf of the ship.

6. the place where imports are entered, clearance papers are obtained, and other official ship's business is transacted.

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2. State which of the definitions below describe the following shipping terms:

berthing accommodation, receiving days, despatch, shipping, freight, ship's manifest, package, cargo plan, custom clearance, mate's receipt, shipping note, shipping space, leading mark:

Term Definition 1. period for receiving cargo before the ship

leaves port 2. allocation of a berth or anchorage for a ship

that has sent her ETA in a port 3. entry of the ship in a port and settling the

formalities 4. to send by ship; term indicating that loading

and discharging has been carried out 5. money or remuneration for the carriage of

goods by sea 6. individual items of cargo sent as one

consignment or parts of it, usually a case, drum, bale, bundle, etc.

7. mark which distinguishes one consignment from another, born by all the packages of the same consignment

8. the business of despatching and transporting the goods by sea; branch of economy dealing with the same

9. a note, issued by the shipper or agent, to the port giving full details of the cargo to be loaded on a named ship

10. a plan showing the distribution and position of the cargo in the ship's holds or on deck

11. a document signed by the deck officer to say that the cargo has been received on board in good order and condition

12. cargo space in the ship's holds or on deck 13. a document required for the ship to be

cleared inwards or outwards; it shows a clear picture of the cargoes loaded for every port

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II GRAMMAR

1. Collocations (words which typically co­occur in the text to form a combination of words, e.g.:

issue a bill of lading, deliver the cargo, etc. Find the verbs in the text which take the following nouns as object:

~ an application (uputiti molbu/zahtjev), ~ the cargo (raditi/krcati­iskrcavati teret), ~ the loading (završiti ukrcaj), ~ an invoice (izdati račun), ~ shipping space (zatražiti brodski prostor), ~ a shipping note (izdati/poslati prijavu ukrcaja), ~ a bill of lading (predati teretnicu), ~ freight (obračunati vozarinu), ~ packages (brojati kolete); ~ permits (ishoditi dozvole), ~ freight (platiti vozarinu)

2. Make questions of YES or NO type (i.e. to which the answer can either be YES or NO) to the following sentences:

1. Ship brokers generally work on a commission basis. 2. All the relevant documents must bear the leading mark. 3. Freight is usually assessed on the weight or measure of cargo. 4. The master or agent applied for a clearance after the loading operations had been completed.

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3. Make questions of the QUESTION­WORD type (What….?, Who ….?, Where ….?, How ….?, Why …? When …?, etc.) to the following sentences. Use question­words in brackets. For example:

e.g. After the packages had been tallied and made up into slings on the wharf apron, they were loaded aboard under the supervision of the Chief Officer (When? What? Where? Under whose supervision ...?):

­ When were the packages tallied? ­ What was tallied and made up into slings? ­ Where were they tallied? ­ Under whose supervision were the packages loaded aboard?

1. When loading operations are completed the agent applies for a clearance of the ship at the local Customs house. (When ...? What ...? Who ...? What ... for? Where ...?)

2. Cargo should be distributed throughout the ship to facilitate speed of discharge. (What ...? Where ...? Why ...?)

3. Clearing and Forwarding agents very often act on behalf of exporters. (Who ...? What kind of ...? How often ...? On whose behalf ...?)

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III TRANSLATION 1. (See Collocations II 1.)

1. Jeste li uputili zahtjev za dodjelu veza?

2. Na kojem se skladištu krca (work) teret bačvi ulja?

3. Kada je bio završen ukrcaj kontejnera?

4. Kome ćete izdati račun za usluge bojenja?

5. Je li krcatelj već rezervirao brodski prostor?

6. Zašto još niste dostavili (issue) prijavu ukrcaja?

7. Koliko će vam trebati da predate teretnicu?

8. Gdje se traži dozvola za uplovljenje broda?

9. Tko će platiti vozarinu?

10. Kakvu dozvolu ste morali ishoditi od carinskih vlasti?

11. Gdje ćemo se vezati?

12. Je li nam dodijeljen vez? Koji nam je vez dodijeljen?

2. Translate the following: Zapovjednik : Jeste li dobili našu zadnju poruku. Radijom sam javio svoj ETA šest sati

prije nego što smo došli na prilaz (roads) luci, kao što se traži u čarteru. Agent : Dobili smo vaš teleks ali je bilo prekasno, jer je na vezu već bio drugi

brod. On treba (be scheduled to) uskoro isploviti (leave). Zapovjednik : Zar nije bilo drugog veza (be available) u luci u to doba? Agent : Ne, nije. Zbog toga smo vas uputili (advise) da spustite sidro na prilazu.

IV GUIDED WRITING Write a short account of the reading text of Unit 7 using the following notes:

­ vessel ready to load, date known ­ application for a berth, actual time of arrival ­ particulars of ship, voyage and cargo ­ shippers transport the goods to the wharf ­ shipping note issued to the wharfinger (i.e. port authority) ­ loading of cargo on board, tally, Bill of Lading ­ ship's manifest prepared ­ application for a clearance of the ship

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­ clearance issued ­ delivery of cargo at the port of destination, freight paid

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UNIT EIGHT

CARGO PROCEDURES ­ RECEIVING

Goods or packages which are received in unsound condition clearly cannot be delivered in a sound condition. It is essential, therefore, that a careful watch be maintained at all times when loading for any packages which may have been tampered with or which are improperly or inadequately protected, broken, leaky, damaged, repaired, spilled, torn or stained.

Packages that are torn, badly broken, leaking or tampered with should be rejected. If, after satisfactory reconditioning, it is decided to accept the shipment, the Mate’s receipt must be suitably endorsed ­ a clean receipt should not be given unless the condition of the package is in all respects identical with its fellow with which exception has not been taken.

Care should be taken to see that any packages for which receipts have been issued and which, for some sound reason may have been sent on shore for reconditioning, are delivered back to the ship.

Mate's receipts

When the Chief Officer signs the receipt for goods he is personally liable for any deficiency in the number proved to exist on discharge of the goods, i.e. between shipment and out­turn. It is the duty of the First Mate to receive and discharge cargoes. It is upon his responsibility, and the act which he performs in signing the receipt that the Master signs the Bill of Lading, thereby rendering his owners responsible to the consignees. This is undoubtedly a duty of the utmost importance. They should be carefully drawn up, marks and numbers copied from the tally books,

not from boat or charter’s notes, all quantities shown in words and not in figures and particulars of rejected packages shown thereon.

Mate's Receipts should be issued on ship's forms and numbered. Receipt books should be in triplicate forms, one copy for boat man, one for the agents, and one left in the book. If receiving from lighters or boats, receipts should not be issued until after same ­ including peaks ­ have been searched. Disputes should be investigated immediately while a recount may still be possible. When this is not done, and another means of arriving at a satisfactory solution is not available, the number in dispute should clearly be stated in words on the receipt ­ the number on ' which there is agreement being separately shown thus:

"Received on board 17 packages: three more in dispute"

and not as sometimes done thus:

"Received 2O packages, three in dispute".

Simple clear expression should always be preferred to complicated elaborate phrases. The legendary story of a breakdown in communications resulted in the classic

endorsement: "Received for on deck carriage, six elephants, one in dispute. If on board to be delivered"!

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When the charter party calls for Mate's receipts to be granted for cargo alongside and not actually on board, they should be endorsed "at shipper's risk until actually shipped". When in doubt as to weight, quantity and condition, Mate's receipts as well as the bills of lading should be caused "weight, quality, quantity and condition unknown".

Bills of Lading

A bill of lading, which is a negotiable document, and in most cases quickly passes out of the hands of shipper, is prima facie evidence of shipment against the ship both as to condition as well as quantity. It follows, therefore, that a letter of indemnity against any clauses in the bill of lading affords no protection whatever to the ship against claims by the consignees, in as much as letters of guarantee or indemnity have no legal force against a third party.

There should be no hesitation in endorsing Mate's receipts and bills of lading with such clauses as are left to be necessary and justified by the facts of the case, in order to protect the ship from claims for shortage of damage to, or deterioration of, the cargo.

Bills of lading may, under certain circumstances, be issued prior to the cargo arriving on board the vessel. This is particularly so in the case of ISO freight containers ­ where the shutting and sealing of the container doors after the cargo is stuffed may be sufficient to allow a bill of lading to be issued. Thus it is important that all stuffed containers loaded on board have seals and locks in position and intact.

QUESTIONS

1. Why should a careful watch be kept when loading? 2. What are the most frequent damages to packages? 3. When should a clean receipt not be given? 4. What should be done with the packages given ashore for reconditioning? 5. What is a Mate's Receipt? 6. What is the basic duty of the First Mate in respect of receiving cargo? 7. How and on what basis are M/R's signed? 8. When should disputes be investigated? 9. How should the number in dispute be stated? 1O. What is the "legendary story” about? 11. When are M/R's endorsed "at shipper's risk until actually shipped"? 12. What is the purpose of the Bill of Lading? 13. Why is the letter of indemnity not recommended? 14. What is the purpose of endorsing M/R's and B/L's? 15. In which case is the B/L issued before the goods are actually shipped on board? Give

an example.

EXERCISES

I COMPREHENSION AND VOCABULARY

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1. Say which of the following statements are true or false:

1. Torn packages or badly broken ones are normally received on board with no endorsement.

2. Packages that have been reconditioned require no examination again. 3. The Chief Officer is responsible for any deficiency in the number on the discharge

of the goods. 4. Mate's receipts are made on the basis of tally sheets. 5. The B/L is issued on the basis of Mate's receipts. 6. Receipts are normally issued on the boat or charter’s notes. 7. Disputes on receipt of cargo can be investigated at a later stage, i.e. on delivery. 8. Number of packages are given in words and are preferred to numbers. 9. A B/L is an evidence that the cargo has been received for shipment or actually

loaded on board. 10. Endorsing a B/L or M/R can be made at ease at a later stage of shipment.

2. Supply the words: (alongside, evidence, exchange, rail. tally, receipt)

The ship's responsibility regarding cargo commences when it is delivered the vessel ready for loading, or when it crosses the ship's , depending on the custom of the port and the terms of the contract of carriage.

A mate's receipt is the primary of acceptance of cargo, particulars of which are entered on it. It is the given by the mate when the cargo is shipped.

The condition and are carefully noted and any clauses intended for insertion in the B/L must be entered on the mate's receipt. The mate's receipt is given up to the master in for the bill of lading.

3. Complete the sentences below:

1. The bill of lading is signed by the master only after ... 2. If repaired packages are accepted again for shipment, they should be ... 3. The duty of the First Mate is ... 4. Copies of the mate's receipt are given to ... 5. A mate's receipt is endorsed “at shipper's risk until actually shipped” in the case when ... 6. All the containers on board must be checked as to ...

4. Write down all the adjectives in the text that refer to a damaged condition of the goods.

II GRAMMAR

1. Supply the suitable form of the verbs in brackets:

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Packages received in unsound condition cannot (deliver) in sound condition. Therefore careful watch should (maintain), when loading, for any packages which may have been tampered with, or (break). Cargoes in such condition should (reject). If it is decided to (accept) such packages for transport, the receipt should (endorse) suitably. A clean receipt should (not give) if the condition of the goods is not as specified.

2. Word Forms. Supply a suitable word form from the brackets: (receive, receiver, receiving, receipt; endorse, endorsement)

1. The cargo officer issues the for the goods on board. 2. A bill of lading must be suitably with remarks as to the quantity and

condition of the goods. 3. The of the mate's must be made immediately on shore or fn the

ship's hold. 4. On the cargo a is given to the shipper. 5. The goods must be delivered to the or holder of the B/L.

3. Rearrange the following sentences by introducing them with "See that ...", or "You should see that..." : e.g.:

­ The Chief Officer must see that the packages which have, been sent for reconditioning are delivered back to the ship.

1. All torn or broken packages should be rejected. 2. No leaky drums must be allowed to cross the ship's rail. 3. The receipts for cargo should be written on ship's forms. 4. The condition of the goods must be suitably endorsed in the mate's receipt. 5. Bills of lading have to be correctly dated.

4. Collocations. The verb + object noun collocations can be transformed into a “noun + of + noun” collocation, e.g.: “to receive the goods “⇒“receipt of the goods”. Transform the following collocations from the reading text following the example above (see that the right form of the noun is used):

­ maintain the watch ­ deliver the package ­ reject the package ­ accept the shipment

­ endorse the Mate's Receipt ­ issue the receipt ­ sign the receipt ­ investigate the dispute ­ accept the receipt ­ sign the bill of lading

­ ­ ­ ­ ­ ­ ­ ­ ­ ­

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III TRANSLATION

1. Pobrini se da se sav teret ukrca do 6 sati. 2. Moraš se pobrinuti da se upiše stanje koleta. 3. Morat ćemo se pobrinuti da se teret preda u istom stanju kao što je i primljen. 4. Kada primate teret, morate provjeriti (ascertain) njegove karakteristike i koje su mjere

potrebne u vezi s njegovim prijevozom. Naročito valja obratiti pažnju (note) na stanje tereta koji se prima na brod. U suprotnom (otherwise) smatrat će se (hold) da je brod odgovoran za gubitak ili štetu prouzročenu prije nego (prior to) što je teret stigao. Kada se teret preuzima na brod, potvrda ukrcaja (časnička potvrda) izdaje se samo kada se roba već nalazi na brodu. U slučaju spora (dispute) u vezi s predajom tereta brodu,tada se u časničku potvrdu upisuje (endorse). npr “primljeno na brod 63 koleta, 6 drugih koleta sporno. Ako su na brodu, valja ih predati primaocu.”

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UNIT NINE

CARGO PROCEDURES ­ DELIVERING

Should there be reasonable grounds for anticipating serious damage to cargo before opening the hatches, protest should be noted. This protest should be noted as soon as possible and not later than 24 hours after arrival; the extension can be processed with more leisure should it be necessary. The protest can be extended and should be made without waiting to sight the damaged cargo, continuing the extension of protest as the survey of cargo proceeds.

While discharging is in progress, it is always a wise precaution to have a surveyor in attendance to act on behalf of the ship. Every reasonable facility should be extended to the surveyors attending on behalf of consignees, but this does not mean that consignees or their representatives have the right of full access to the ship nor to examination of a vessel's log book.

Where a surveyor is not in regular attendance, a survey should be called at once should damaged cargo be found, especially in the case of damage by moisture or water, or leakage from casks, etc. Dunnage and matting should not be disturbed until they have been sighted and positioned by the surveyors.

When damaged cargo is sighted in the stow, it is a sound practice to make a sketch or take photographic evidence of the position of the cargo in relation to other cargo and their position in the compartment. This can be used as evidence in repudiating the responsibility of the ship for improper stowage. All packages which are found broken during discharge should be laid aside on board,

or if discharging on to the dock, and the damaged cargo locked up (a lock­up should always be provided and carefully recoopered, etc.)

Care should be observed to restore into position any parts of cases bearing marks and numbers that may get displaced. Where this is not possible every effort should be made to ascertain the correct marks and numbers which should be clearly painted on the packages to avoid the confusion which might arise in the absence of means of identification.

All torn, slack or empty bags or packages should be carefully collected whilst discharging is in progress, delivered (against tally) along with the cargo, otherwise claim for short delivery is likely to follow. It should always be borne in mind that bills of lading call for a number of bags, and it is the number of bags alone that count so far as the consignee is concerned.

Packages which appear to have been damaged or broached, for which a clean receipt is not forthcoming, should not be permitted to go beyond the custody of Ships' Officers until after their contents have been accurately ascertained (in conjunction with consignee or customs representative) either by counting, weighing or taking the ullage.

On the other hand, a package which is intact and otherwise in sound external condition, should not be so dealt with; and a clean receipt for same should be insisted upon.

Cargo should never be delivered except on production of the original bill of lading properly stamped and endorsed, and should be exchanged for the Master's own signed copy.

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When the cargo is consigned to order, the bill of lading should bear the shipper's endorsement, and also that of the merchant to whom it has been transferred.

Cargo should never be delivered against invoices, letters or promises to produce the bill of lading later; slackness in this direction may be very costly indeed to the ship owners.

QUESTIONS

1. What should be done if serious damage to cargo is suspected before opening the hatches in the port of discharge?

2. When can the protest be extended? 3. Who must attend to the process of discharging, and on whose behalf? 4. What should be undertaken if a surveyor is not in regular attendance? 5. Why is the photographic evidence important? 6. What is done with the broken packages found during discharge? 7. Why should numbers and marks be carefully maintained? 8. What is done with packages or bags that are torn, slack or empty? 9. When can damaged or broached packages be delivered to the receiver, i.e. what

should be done before that? 10. What must the consignee produce in order to take delivery of the cargo?

I COMPREHENSION AND VOCABULARY

1. Say which of the following statements are true or false:

1. A protest is noted within 24 hours of arrival. 2. A protest should be extended immediately after survey. 3. The surveyor has a right of access to the log book. 4. Dunnage should not be disturbed before the surveyor sights it. 5. A photograph cannot be used as evidence in repudiating responsibility for

improper stowage. 6. Displaced marks and numbers need not be restored into their previous position. 7. The bills of lading call for a number of bags shipped. 8. Packages bearing a claused receipt can be delivered to the consignee without

counting or weighing.

2. Fill in the appropriate word or phrase from the brackets (FREIGHT, CONSIGNEE, DELIVER, DELIVERY ORDER, BILL OF LADING, DELIVERY)

In the liner trade it is usual for the to present his B/L to the Carrier and receive in exchange a . This is the consignee's authority to take of the goods from the ship or wharf or warehouse.

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If a is presented to the Master, he should see that it is properly endorsed and that and other charges have been paid or secured. He can then the goods in exchange for a proper receipt.

II GRAMMAR

1. Complete the sentences below supplying the article (definite or indefinite) or omitting it as required:

It is usually custom to note protest upon arrival at discharging port. If there are grounds for anticipating serious damage to cargo, protest should be extended at once. All broken packages should be attended to by repairing, and marks and numbers on same should be preserved.

2. Condition. Conditional sentences are normally introduced by IF. The following are also examples of clauses expressing condition:

Should there be reasonable grounds for anticipating serious damage to the cargo, protest should be noted. The protest can be extended with more leisure, should it be necessary. Unless otherwise agreed the unloading of the cargo can be arranged by the Carrier's Agent.

The sentences can be transformed as follows: If there are reasonable grounds ..."; "... if it is necessary."; "if it is NOT agreed otherwise, ..." Transform the following sentences accordingly :

1. Unless notice of damage is given in writing to the carrier, the goods will be delivered in a sound condition.

2. Should slings be used with bags and light cases, a great damage may result. 3. Should there be any doubt as to the risk of collision, the collision shall be deemed to

exist. 4. Unless these conditions are fulfilled, the vessel cannot enter the port. 5. Should the ship be delayed by causes beyond the control of the Merchant, 24 hours

shall be deducted from the time on demurrage. 6. Unless one is familiar with the local conditions, the approach should be made in

daylight.

3. Fill in the missing prepositions:

Re: Damage .......... ship and cargo during discharge

Dear Sirs,

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I regret inform you that owing incompetent handling the winch, your winchman while discharging the cargo cement Hold No.2 11.00 hours today, crushed part my deck superstructure and damaged the forward port rail way Hold No. 2 a length about four metres. the same time many bags cement were torn, the contents there being spilled the hold.

view the above. I have hold your firm responsible the damage caused and ask you urgent repairs the said damages.

Yours faithfully, XY, Master of MV "STAR"

III TRANSLATION

Ako primalac zatraži (claim) isporuku robe, a ne može predočiti (produce) teretnicu, zapovjednik mu može isporučiti robu uz garanciju (letter of indemnity) neke banke. Kada se teret iskrcava treba obavezno zatražiti prisutnost (attendance) nadzornika (kontrolne kuće). Nadzornici mogu djelovati (act) u ime broda i u ime primaoca robe.

Kontrolu treba zatražiti (call) naročito u slučaju štete (in case of) uslijed curenja, vlage, te kada su vreće poderane, prazne ili poluprazne.

UNIT TEN

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Unit 10

FUNCTION OF THE BILL OF LADING

From our study of the bill of lading, it will be appropriate to record the four

functions of this document. Broadly it is a receipt for the goods shipped, a transferable

document of title to the goods thereby enabling the holder to demand the cargo, evidence

of the terms of the contract of affreightment but not the actual contract, and a quasi

negotiable instrument.

Once the shipper or his agent becomes aware of the sailing cards or some form of

advertisement, he communicates with the shipowner with a view to booking cargo space

on the vessel or container. Provided satisfactory arrangements have been concluded, the

shipper forwards the cargo. At this stage, it is important to note that the shipper always

makes the offer by forwarding the consignment, whilst the shipowner either accepts of

refuses it. Furthermore, it is the shipper's duty, or that of his agent, to supply details of the

consignment; normally this is done by completing the shipping company's form of bill of

lading, and the shipping company then signs the number of copies requested.

The goods are signed for by the vessel's chief officer or export wharfinger, and in

some trades this receipt is exchanged for the bill of lading. If the cargo is in good

condition and everything is in order, no endorsement will be made on the document, and

it can be termed a clean bill of lading. Conversely, if the goods are damaged or a portion

of the consignment is missing, the document will be suitably endorsed by the Master or

his agent, and the bill of lading will be considered «claused» od «unclean».

Bills of lading are made out in sets, and the number varies according to the trade.

Generally it is three of four – one of which will probably be forwarded immediatley, and

another by a later mail in case the first is lost or delayed. In some trades, coloured bills

of lading are used, to distinguish the original (signed) bills from the copies which are

purely for record purposes.

Where the shipper had sold the goods under a letter of credit established through a

bank, or when he wishes to obtain payment of his invoice before the consignee obtains

the goods, he will pass the full set of original bills to his bank, who will in due course

arrange presentation to the consignee against payment.

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The shipowner or his agent at the port of destination will require one original bill

of lading to be presented to him before the goods are handed over. Furthermore, he will

normally require payment of any freight due, should this not have been paid at the port

of shipment. When one of a set of bills of lading has been presented to the shipping

company, the other bills in the set lose their value.

In the event of the bill of lading being lost or delayed in transit, the shipping

company will allow delivery of the goods to the person claiming to be the consignee, if

he gives a letter of indemnity; this is normally countersigned by a bank, an relieves the

shipping company of any liability should another person eventually come along with the

actual bill of lading.

Along with the Bill of Lading the Dock Warrant and Delivery Order are some of

the most important documents of title to the goods. The Dock Warrant is a document

acknowledging that the goods have been deposited with a dock or port company, a

wharfinger, or a warehouse. The Delivery Order is a document issued by the shipping

company to the port of discharge. By handling this document over to the ship officer the

consignee can obtain the cargo.

QUESTIONS

1. What are the four principal functions of the bill of lading?

2. Explain the procedure of issuing B/L: the role of the Shipper, Owner.

3. Who issues, fills in, and respectively, signs the B/L

4. What is the B/L exchanged for in some trades?

5. When will a B/L bear an endorsement?

6. To whom are copies (how many) of the B/L given or sent?

7. When does not shipper pass a full set of bills of lading to his bank?

8. What does the Master or the shipowner's agent require at the port of destination

before handing the goods over?

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9. What procedure is normally followed if the B/L has been lost or delayed?

10. Why must the bank countersign the letter of indemnity?

EXERCISES

I COMPREHENSION

1. State (or insert) an appropriate headline for each of the following passages (see a

copy of B/L above): Demurrage, Delay, Loading­Discharging­Delivery, Freight,

General Average, Both­to­Blame Clause:

1. If the vessel comes into collision with another vessel as a result of the

Negligence of the other vessel, or default of the Master or the Servants of

the

Carrier, the Merchant will indemnify the Carrier against all loss or liability

to

The other or non carrying vessel ……….

2. The Carrier shall be paid __________ at the daily rate of ________ per

ton of

the vessel’s GRT if the vessel is not loaded or discharged with the

despatch set

out in Clause 8; and delay in waiting for berth or off the port to count.

3. The Carrier shall be responsible for any loss sustained by the Merchant

through

___________ of the goods unless caused by the Carrier’s personal gross

negligence.

4. The merchant or his Assign shall tender the goods when the vessel is

ready to

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load and as fast as the vessel can receive.

5. Prepayable __________ ; whether actually paid or not, shall be considered

as

tully earned upon loading and nonreturnable in any event.

6. _____________ to be adjusted at any port or place at Carrier’s option and

to be

settled according to York­Antwerp Rules 1950.

2. Supply the missing word (or verb form) from the brackets:

(GIVE, PAYS)

F.A.S.: Under Free alongside ship, the seller __________ all the costs for

getting the goods to the place before loading them on board the vessel.

The custom of the port may ___________ f.a.s. a special meaning.

(PRODUCE, IMPLIES, SEE, BEARS, GET, PLACED, CEASE, PAYS)

F.O.B.:This quotation – Free on Board ­ _____________ that the duty of the

seller is to ___________ the goods, them to the port and ___________

that they are actually placed on board the vessel, which the buyer

provides. The seller, therefore, _________ all the charges preceeding

the loading of the goods on the ship, such as cartage, insurance,

handling and lighterage. When the goods _________ on board the ship

and the seller has obtained the receipt for the goods, the responsibility

of the seller __________ . Thereafter the buyer _________ all the

carges including insurance of the goods from departure to the port of

destination and __________ the freight.

(PROVIDES, REACH, INCURRED, COST, BOOKS, LIABLE, PAYS)

C.I.F. : Undoubtedly the most popular quotation is cost, insurance freight..

Under a c.i.f. contract the seller ___________ the goods,

_________ cargo space on the vessel __________ freight for the

carriage to the buyer’s port which is named, etc. He is

___________for any loss or damage before the goods _________

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the ship. The seller is entitled to payment in exchange for the

documents –including bill of lading and insurance policy – relative

to the shipment. The buyer will be responsible for the charges

_______________ in getting the goods off the ship to his

warehouse, such as lighterage, dock dues and custom duties.

3. State which parties engaged in the transport by sea are defined below: (shipowner,

mate, stevedore, forwarding agent, ship­broker, shipper, owner of the goods,

master)

1. Company that undertakes transport by sea on its own account.

2. Company that owns the goods destined for transportation by sea or land.

3. The captain of a ship.

4. Agent arranging collection, forwarding and delivery of the goods.

5. Company or agents securing shipping space and placing them on bord a

ship

for transportation.

6. An agency engaged by the shipowner to perform various services in

obtaining cargo, offering shipping space, insurance, arranging freight rates,

issuing

B/L’s etc.

7. Ship’s officer responsible for loading and delivery of the cargo.

8. Company that carriers out stowage of a ship’s cargo, and its

loading/discharge.

4. Write down a headline that may best express the main idea of each of the eight

passages in the reading text.

II GRAMMAR

1. Word forms. Supply the appropriate worm listed in the brackets:

(ship, shipper, shipping, shipment)

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1. The agent promised to _________ the goods immediately.

2. Warnings to _________ are transmitted every day.

3. The _____________ of the cargo is the responsibility of the shipper.

4. The goods were ____________ on board in apparent good order and condition.

5. _____________ technology has been much improved lately.

6. We received the goods for further __________ to Austria.

7. A _____________ note is given to the port and contains details of the cargo to

be

loaded on a named ship.

2. Condition II. In addition to the conjunction IF and auxiliary SHOULD, clauses of

condition can be introduced by: Provided …, Provided that …, In the event

that … .

1. Find all the examples of the clauses of condition in the text above (5 examples)

and rewrite them.

2. Transform each of the sentences below by introducing them with:

Should …

Provided (that) …

In the event that/In case that …

1. If the cargo is damaged, a survey must be called at once.

2. If the number of bags is not correct, you must endorse the B/L suitably.

3. The goods cannot be delivered in the original B/L has not been

presented

to the carrier.

III TRANSLATION

1. Translate the following sentences into english using the Verb + Noun (Object)

collocations in brackets:

1. Teret se neće predati prije nego što se izvrši plaćanje (effect payment).

2. Na teretnici je upisana opaska u vezi s kvalitetom pakovanja (endorse the Bill

of

66

Lading).

3. Da bi preuzeo (in order to … ) pošiljku, primalac mora brodu prezentirati

teretnicu

(present the B/L).

4. Odredba «Freight Pre­paid» označuje da je vozarina ubrana prije otpremanja

(collect the freight)

5. Nakon što je predana originalna kopija teretnice, sve ostale kopije teretnice

gube

svoju vrijednost (lose value).

2. Translate into English:

1. Vozar ima pravo zaloga (lien) na svaki iznos koji proizlazi (due) iz ovog

ugovora,

te na troškove za ishođenje (recover) tog iznosa.

2. Vozar ima pravo (entitle) da proda robu sam (privately) ili na dražbi (auction)

da bi

pokrio svoja potraživanja.

3. Pod uvjetom da je zakašnjenje nastalo uslijed (due to) razloga koji su izvan

moći

Trgovca, od prekostojnica odbit će se (deduct) 24 sata.

4. Naručitelj će snositi (bear) sve troškove prekovremenog rada (overtime) u vezi

s

dopremom (tendering) i preuzimanjem robe.

5. Vozar može (at liberty) prevesti robu do luke odredišta svojim ili drugim

brodom,

… , te prekrcati jer, iskrcati i uskladištiti na teret Trgovca (at risk).

6. Ovaj ugovor uključuje (include) normalne, uobičajene, i oglašene luke ticanja,

ali

i luke izvan redovnih (ordinary) ruta.

7. Zapovjednik može iskrcati teret u luci ukrcaja ili bilo kojoj drugoj sigurnoj i

pogodnoj (convenient) luci, ako epidemije, karantena, štrajkovi, …, ili teškoće

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u prekrcaju onemoguće brod da isplovi (leave) iz luke ukrcaja.

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APL FACT SHEET. DOCUMENTATION

When it comes to Bills of Lading, you

have more options than you think.

What is a Bill of Lading ?

There are several types of Bills of Lading, each of which serves a different function.

Because of this range of functionality, it's important to understand how each works to

identify the right document for your needs.

In general, a bill's consignment is the key to understanding how it works. The most

common type of B ill of Lading­know as a «To Order» Bill­is consigned «To Order» or

«To Bearer» and is therefore a negotiable document that confers title. A «Straight» Bill

of Lading and the Sea Waybill are consigned to a named consignee, and are therefore

non­negotiable under the law of most, but not all. countries in the case in the case of

Straight Bills of Lading.

Knowing which document to use can save time and money, eliminate documentation

problems and streamline your transportation process. Let's start with the negotiable «To

Order» Bill of Lading, which serves the following five main business purposes:

1) A document of title representing ownership

2) A negotiable document to be exchanged for money

3) A contract of carriage between the carrier and the cargo owner

4) A receipt by the carrier for the cargo

5) An invoice from the carrier

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How does a «To Order» Bill of Lading work?

1. Buyer opens

Letter of Credit

(L/C), Buyer's

Bank confirms

L/C to Seller's

Bank.

3. Seller's Bank

forwards

original B/L to

Buyer's Bank,

which then

provides it to

Buyer.

Because the «To Order» Billis negotiable, it's the docu­

ment of choice when third­party financing (through a

bank, for example) is an issue. Say you're a buyer in

Asia who wants to purchase goods and import them

from a seller in the U.S. Before the seller arrangest to

ship the cargo toyou, you'll need to demonstrate that you

can pay for the shipment.

To to this, you'd open a letter of credit from a bank after

proving that you have the necessary funds to repay the

bank. The letter of credit is a loan for the value of the

incoming shipment, and the shipment itself is one form

of security for the loan. So the bank actually owns your

shipment until you pay off the loan.

Because the bank is involved, the seller has a guarantee

that the shipment will be paid for. The seller is therefore

willing to tender the shipment to the carrier, and

receives a «To Order» Bill in exchange. Because the

Bill serves as title to the cargo, as part of the payment

process, the seller is paid the selling price by the bank

hodling the letter of credit in exchange for the endorsed

Bill. The Bill is then forwarded to the buyer's

correspondent bank at origin. Once the shipment arrives

at its destination, the bank surrenders the original Bill to

the buyer, who then presents it to the carrier to receive

the cargo.

2. Seller tenders ship­

ment to carrier and

receives original «To

Order» B/L Seller

takes B/L to Bank and

Bank examines B/L

and L/C.

4. Buyer presents original

B/L to carrier to

collect shipment.

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When should I use a Straight Bill or Sea Waybill?

You' ll want to use one of these two documents whenever you don't need theBill to

function as a financial instrument – in a case in which you've arranged credit or financing

that is independent of traditional trade financing via a letter of credit. Like to negotiable

«To Order» Bill, these docuemnts serve as contract of carriage, receipt of goods and as

invoices. The bit difference is negotiability, or whether or not the document must

function as a financial instrument.

For example, you're transporting goods to a buyer with wehom you have a long­standing

relationship (and who always pays for the goods to your satisfaction). Or, perhaps you're

shipping product one division of a company to another, so financing is an intracompany

formality.

In either case, you're confident that you'll be paid for what you are selling. This isn't the

type of transaction that requires a letter of credit, so you don't need the Bill to function as

title – and it need not be negotiable. This is when you should consider using either a

Straight Bill or a Sea Waybill.

What's the difference between these two documents and how do they work?

The main differences between these two documents are 1) appearance, because they are

printed on slightly different forms; 2) negotiability, as interpreted by< some countries

(other than the U.S.).

The Straight Bill uses the same pre­printed form as a negotiable «To Order» Bill, except

the term «To Order» is not entered in the consignee block. The Sea Waybill uses a

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different pre­printedd form, which has many of the same terms and conditions as the «To

Order» Bill. However, all references to «Bill of Lading» and negotiability are removed

and no «originals» are issued.

Although neither document is considered negotiable in the U.S., the Straight Bill in

considered negotiable in some countries, for example, India, Indonesia, Korea and certain

European countries. Because of this, we recommend using the Sea Waybill instead of a

Straight Bill because local law will permit its use as a non­negotiable instrument.

Because a non­negotiable document does not function as a document of title, the

consignee need only present proper identification and pay any charges that are due in

order to pick up the cargo. This eliminates the need for surrender of an original Bill of

Lading prior to cargo while the buyer waits for the chain of negotiation to be completed.

In the case of Straight Bills of Lading issued in the countries identified above, this

fundamental benefit of a non­negotiable form of Bill of Lading is frustrated. Bills issued

in such countries will be treated as negotiable.

For more information on documentation options, please contact your APL sales

representative.

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UNIT ELEVEN

TYPES OF BILLS OF LADING

There are several types of bills of lading and these include the following:

1. Shipped bill of lading: Under the Carriage of Goods by Sea Act 1924, the shipper can demand that the shipowner supplies bills of lading proving that the goods have been actually shipped. For this reason most bill of lading forms are already printed as shipped bills and commence with the wording: "Shipped in apparent good order and condition". It confirms that the goods are actually on board the vessel. This is the most satisfactory type of receipt, and the shipper prefers such a bill as there is no doubt about the goods being on board and consequent dispute on this point will not arise with the bankers or consignee, thereby facilitating earliest financial settlement of the export sale.

2. Received bill of lading: This arises where the word "shipped" does not appear on the bill of lading. It merely confirms that the goods have been handed over to the shipowner and are in his custody. The cargo may be in his dock warehouse/transit shed or even inland. The bill has therefore not the same meaning as a "shipped" bill and the buyer under a C.I.F. contract need not accept such a bill for ultimate financial settlement through the bank unless provision has been made in the contract. Forwarding agents will invariably avoid handling "received bills" for their clients unless special circumstances obtain.

3. Through bills of lading: In many cases it is necessary to employ two or, more carriers to get the goods to their final destination. The on­carriage may be either by a second vessel (e.g. to the Seychelles Islands via Mombassa or Bombay) or by a different form of transport (e.g. to destinations in the interior of Canada). In such cases it would be very complicated and more expensive if the shipper had to arrange on­carriage himself by employing an agent at the point of transhipment.

4.Groupage Bill of Lading: Forwarding agents are permitted to "group" together particular compatible consignments from individual consignors to various consignees, situated usually in the same destination country/area, and despatch them as one consignment. The shipowner will issue a groupage bill of lading, whilst the forwarding agent, who cannot hand to his principals the shipowners' bill of lading, will issue to the individual shippers a Certificate of Shipment sometimes called "house bills of lading". At the destination, another agent working in close liaison with the agent forwarding the cargo will break bulk the consignment and distribute the goods to the various consignees. This practice is on the increase, usually involving the use of containers and particularly evident in the continental trade and deep sea container services. It will doubtless increase with containerisation development and is ideal to the shipper who has small quantities of goods available for export. Advantages of groupage include less packing: lower insurance premiums; usually quicker transits; less risk of damage and pilferage; and lower rates when compared with such cargo being despatched as an individual parcel/consignment.

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5. Transhipment Bill of Lading: This type is issued usually by shipping companies when there is no direct service between two ports, but when the shipowner is prepared to tranship the cargo at an intermediate port at his expense.

6. Clean Bills o Lading: Each bill of lading states "in apparent good order and condition", which of course refers to the cargo. If this statement is not modified by the shipowner, the bill of lading is regarded as "clean" or "unclaused". By issuing clean bills of lading the shipowner admits his full liability of the cargo described in the bill under the law and his contract. This type is much favoured by banks for financial settlement purposes.

7. Claused Bills of Lading: If the shipowner does not agree with any of the statements made in the bill of lading he will add a clause to this effect, thereby causing the bill of lading to be termed as "unclean", "foul", or "claused". There are many recurring types of such clauses including: inadequate packaging; "unprotected machinery”; "second­hand cases”; “wet or stained cartons"; "damaged crates"; "two cartons missing"; etc. The clause "shipped on deck at owner's risk" may thus be considered to be a clause under this heading. This type of bill of lading is usually unacceptable to a bank.

Undoubtedly, to the shipper, the most useful type of bill of lading is the clean, negotiable "through bill" as it enables the goods to be forwarded to the point of destination under one document, although much international trade is based on free on board (F.O.B.) or cost, insurance, freight (C.I.F.) contracts and, with regard to the latter, the seller has no further interest in the movement of the goods once they reach their port of destination.

Both F.O.B. and C.I.F. are two widely used types of contract of sale. F.O.B. means that the price quoted by the vendor includes the price of the goods and all expenses up to and including the cost of loading the goods on to the vessel. It does not include the cost of sea freight. In the case of C.I.F., the price quoted includes the cost of the goods, the cost of insuring the goods to destination, and the freight or cost of transport.

QUESTIONS

l. What does the "Shipped Bill of Lading" confirm? 2. Why is this type of B/L most satisfactory? 3. How does the "Received B/L differ from the "Shipped B/L"? 4. When is the "Through B/L" used? 5. Where is this type of B/L particularly applied and why? 6. Explain the "Groupage B/L" and its function, in particular with containers. 7. Explain the meaning of the abbreviations FCL and LCL in connection with

Groupage B/L (see Unit l). 8. In what does a "clean B/L" differ from a "claused B/L"? 9. Give some other terms for a "claused B/L". 10. Why is the clean, negotiable "through Bill of Lading" the most useful type of B/L to

the shipper? 11. Explain and discuss the trade clauses abbreviated by F.O.B. and C.I.F.

EXERCISES

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I COMPREHENSION AND VOCABULARY

1. State which type of B/L is described in each of the following statements:

(a) B/L issued to a shipper when he delivers the goods into the custody of the shipowner or his agent (e.g. wharfinger or dock authority) before the ship has arrived or before the ship is ready to receive the goods;

(b) B/L covering the carriage of goods to its destination partly by sea and partly overland, or where sea transport occurs by two or more ships;

(c) B/L containing clauses that the goods or the packaging are not satisfactory, or that the contents, weight, measurement, quality, or technical specification of the goods are not known to the carrier;

(d) B/L issued after the goods have actually been loaded into the ship; (e) B/L bearing no clauses or endorsement as to the defective condition of the goods

or packaging, etc.; (f) B/L referring to the goods for a number of receivers, but the goods is despatched

and carried as one consignment only. For various shippers/receivers under the same B/L separate Certificates of Shipment are issued. Specially suitable for the shipment of containers. Opposite to Straight or Order B/L:

(g) B/L issued when the goods are carried by two or more ships; (h) B/L bearing the words "or his or their assigns", also referred to as an "order B/L".

2. Complete the missing words (nouns and adjectives or adverbs): (nouns: FREIGHT, VALUE, BOARD, PROVISIONS, CONDITION, DISCHARGE; adjective/adverbs: AFORESAID, AFLOAT, GOOD, APPARENT, SAFELY)

Shipped on , in good order and condition, weight, measure; marks, numbers, quality, contents and of the goods unknown, for carriage to the port of , or so near thereunto as the vessel may get and lie always , to be delivered in the like order and condition at the port unto Consignees or their Assigns, they paying as per note on the margin plus other charges incurred in accordance with the contained in this Bill of Lading.

II GRAMMAR

1. Collocations. The following verbs have been used in the text taking the noun BILL OF LADING as object:

VERB NOUN (as object) accept endorse Bill of Lading issue

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VERB NOUN (as object) make out pass present Bill of Lading supply transfer

The following verb take the nouns GOODS and CARGO as their objects: e.g.:

deliver forward despatch hand over take over the goods/cargo insure receive ship transfer

Find the instances of such collocations in the text and write down the sentences where the same appear, e.g.:

The shipper can demand that the shipowner supplies bills of lading proving that the goods have actually been snipped.

2. Condition III. Consider the following example :

It would be very complicated and more expensive if the shipper had to arrange the on­carriage by himself.

Bilo bi veoma komplicirano i skupo da krcatelj mora sam organizirati daljnji prijevoz.

... ..., kad bi krcatelj morao sam organizirati daljnji prijevoz.

Supply the right form of the verbs in brackets (present conditional or preterite) as required and translate the sentences into Croatian:

1. The buyer (not accept) such a bill of lading if a special provision (make) in the contract. 2. If the shipper (not agree) with the statement, he (not ship) the goods. 3. The ship (not leave) the port if the cargo (not stow) properly. 4. If we (can), we (receive) the cargo for shipment.

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3. Word formation: Some of the endings to form nouns are listed in the table. Try to find some more examples in the previous Units.

Suffix Example Meaning

­ance importance state ­ er/­or shipper, operator a person / thing which ­ation/­tion destination the act of ­ing Shipping activity ­ment Shipment state, action ­ity Quality state, quality ­ism intermodalisam condition / state ­ship Friendship condition / state

III TRANSLATION

1. "Ukrcaj, iskrcaj, i isporuku/predaju robe organizirat će (arrange) vozarov agent, ukoliko nije dogovoreno (agree) drugačije. Iskrcaj, uskladištenje i isporuka ide na teret (at expense) naručitelja (Merchant). Naručitelj (trgovac) ili njegov opunomoćenik (Assign) ponudit će (tender) robu kada brod bude spreman za ukrcaj i onako brzo (as fast as) kako je brod može primiti, te, samo ako Vozar to zatraži, također van redovnog radnog vremena, ne kršeći (notwithstanding) običaje (uzance) luke (custom)."

2. 1. Da mogu, predao bih ti sva robna dokumenta (shipping documents). 2. Da se krcatelj i brodar slože, mogli bismo ukrcati robu odmah. 3. Predali bismo vam pošiljku kad biste nam predočili originalni primjerak teretnice.

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UNIT TWELVE

CHARTER PARTIES (I)

A charter party is a document of contract by which a shipowner agrees to lease, and the charterer agrees to hire, a vessel or all the cargo space, or a part of it, on terms and conditions forth in the charter party. If permitted to do so by the terms of charter party, the charterer may enter into subcontracts with other shippers.

The main types of charter parties are Bareboat Charter Party (sometimes called a Demise Charter). Time Charter Party and Voyage Charter Party.

If your vessel is chartered it is of the utmost importance that you read the charter party carefully, especially the added clauses, until it is thoroughly understood. It is advisable to have the officers read it as a matter of information and instruction and it will do no harm to discuss it with them, especially with the chief officer.

The important clauses should be check­marked for quick reference. If any refer to dates of the notification of ETA to consignee or charterer's agent, make a note of the day the message is to be sent and be sure to send it.

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Bareboat Charter Party. By this type of charter, the shipowner leases his entire vessel and the charterer has the responsibility of operating it as though it were his own vessel. As the name implies, the bare vessel is chartered. The shipowner has, for the period covered by the charter party, lost control of his vessel. The charterer pays all expenses: fuel, stores, provisions, harbour dues, pilotage, etc. and employs and pays the crew. There may, however, be a clause in the charter party that the master and the chief engineer must be approved by the shipowner. The charterer is responsible for the upkeep, preservation and safety of the vessel. Before delivery to the charterer the vessel is surveyed by representatives of both parties and the same is done on redelivery. The charter party will stipulate that the vessel must be redelivered in the same good order and condition as when delivered, ordinary wear and tear excepted. On redelivery the owner's representatives, usually the port captain and port engineer, may check the logbooks for information pertaining to groundings, striking objects and collisions.

Fuel oil in the vessel on delivery is paid for by the charterer ­ at the current price at the port at that time, and on redelivery, the shipowner pays for the fuel in the vessel at the current price in the port at the time.

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Voyage Charter Party. This is a charter party for the carriage of a full cargo, not for a period of time, but at a stipulated rate per ton, for one voyage only, between named ports to be named on arrival in a given area. It is a frequently used charter party of which there are many varieties, and most commodities and trades have a particular type to suit their purposes. Shippers of large quantities of bulk cargo such as phosphate, coal, grain, etc., have charter parties with special titles such as "Fosfo", "Americanized Welch Coal Charter Party", "Baltimore Grain Charter Party", etc.

In a voyage charter party the charterer assumes no responsibility for the operation of the vessel but generally pays stevedoring expenses in and out. A statement to that effect will be included in the charter party.

The master is particularly concerned with voyage charter parties because of the laytime, dispatch and demurrage clauses and the necessity of tendering the Notice of Readiness to load or discharge. In this type of charter the charterer contracts to provide a cargo at a given rate per day. The charter is generally for bulk cargo, stipulated in tons or cubic feet, for all or part of the carrying capacity of the vessel.

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Laydays. When the vessel on a voyage chart is in port, the expenses of the shipowner continue. At the same time loading or discharging is controlled by the charterer, who if not held to a definite number of days to complete this work, can make the stay in port long and expensive for the shipowner. For this reason, the charter party will specify a definite number of days for loading or discharging cargo; or it may specify a certain number of tons per day to be loaded or discharged.

The days are called laydays (or laytime) and are stipulated in the charter party as working days, weather working days, running days and excepted days.

If the charterer loads or discharges his cargo in less time than the number of laydays allowed, he earns dispatch money at so much a day or part of a day saved. If he takes longer to load or discharge than the number of laydays allowed, he must pay demurrage at so much a day. Both dispatch and demurrage may be the cause of much disagreement and argument in which the vessel's logbook can play an important part.

Demurrage. An equally important clause is the demurrage clause which states that if the charterer does not complete loading or discharging in the laydays allowed by the charter party, he must pay for the delay at the stipulated sum per day. Unless otherwise provided in the charter party, demurrage starts from the time loading or discharging should have been completed. All days are counted, whether or not cargo is worked, including Sundays, holidays and days not worked due to bad weather or other reasons. Once a vessel is on demurrage, it runs consecutively unless otherwise provided in the charter party.

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EXERCISES

I COMPREHENSION AND VOCABULARY

1. Complete the following sentences with the words in brackets: (EXPENSES, DEMISE, APPOINTS, BARRATRY, VOYAGE CHARTER, TRAMP, EXEMPTION, SALVAGE, LIABILITY, DISCHARGES, DEVIATION, CHARTERER, VESSEL, SHIPOWNER, DEMURRAGE, DESPATCH MONEY, PAID, OWNER, REPAIR)

1. Under a or Bareboat Charter party the is responsible for providing the cargo and crew, whilst the only provides the vessel. As a result the charterer the crew and takes full responsibility for the operation of the , and pays all the incurred.

2. If a ship loads and/or in less than the prescribed time, the Owners pay a as a reward for the time saved.

3. If, on the other hand, the prescribed time is exceeded, then must be paid at an agreed rate to the as compensation for the delay of the ship.

4. Charterer’s ceases after the cargo has been loaded and when the freight, dead freight or demurrage has been .

5. In the the shipowner agrees to carry cargo between specified ports at a prearranged freight.

6. The majority of cargo shipments are made on a voyage charter basis.

7. The and Salvage Clause permits the vessel to put into a port of refuge in order to save life and property and also for the purpose of .

8. from liability clause includes the occurrences where the shipowner claim exemption and includes ­ a wilful wrongdoing of the Master without noticing the Owners.

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2. A voyage C/P contains a number of clauses, whose name are usually written on the margin. Give the title of each clause for each example below :

Name of Clause 1. The money paid by Owners to the Charterer for time saved in the loading and discharging.

2. The number of days or hours allowed by the Charterer for loading or discharge.

3. A clause governing the nature and time of the liability of the Charterer for loading.

4. The right of the Shipowner to hold the cargo to secure the payment of the freight or hire.

5. Rate payable by the Owner if the agreed time for loading has been exceeded, as compensation for the delay of the ship.

6. Claim of the Owners releasing themselves from responsibility in case of barratry, capture or seizure, and perils of the sea.

7. Clause giving or refusing permission for sub­chartering the ship.

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1. The money paid by Owners to the Charterer for time saved in the loading and discharging.

2. The number of days or hours allowed by the Charterer for loading or discharge.

3. A clause governing the nature and time of the liability of the Charterer for loading.

4. The right of the Shipowner to hold the cargo to secure the payment of the freight or hire.

5. Rate payable by the Owner if the agreed time for loading has been exceeded, as compensation for the delay of the ship.

6. Claim of the Owners releasing themselves from responsibility in case of barratry, capture or seizure, and perils of the sea.

7. Clause giving or refusing permission for sub­chartering the ship.

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II GRAMMAR

1. Word Formation. Adjectives are formed from nouns and verbs by the endings listed in the table.

Suffix Example Meaning ­al Additional ­ar Polar have the quality of ­ic Economic ­ical astronomical ­able Advisable ­ible Visible capable of being ­ous Bulbous like, full of ­ful Careful characterised by ­less Careless without ­ed Chartered having ­ive Effective quality of ­ing Processing make or do

Form adjectives from the following words: navigation, submerse, comfort, economy, pay, infect, danger, operate, success, navigate, sail, plot, reduce, rely:.

Suffix Adjective ­al­ar­ic­ical ­able ­ible ­ous ­ful ­less ­ed ­ive ­ing

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2. Word Forms. Supply the right form of the word in brackets: (advice, advise, advisable; pay, payment, payable; note, notify, notification)

1. 1. Please that the Clause No. 15 has been changed.

2. ___________is to be effected before shipment. 3. The freight is in domestic currency only. 4. The master has to send a at least 48 hours before arrival.

5. Everybody has been of the delay. 6. Please us as to the way of payment. 7. It is to have the cargo checked and surveyed before delivery.

8. Freight is to be on delivery. 9. Your on the matter will be much appreciated.

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3. Consider the pair of sentences below and their translation, in particular the use of tenses in English and Croatian:

(a) Under a demise C/P the charterer operates the ship as though it were his own vessel.

(a1) U ugovoru o najmu čitavog broda naručitelj prijevoza (čarterer) upravlja brodom kao da je to njegov vlastiti brod.

(b) The master behaves as if he had not been involved in the accident.

(b1) Zapovjednik se ponaša kao da nije sudjelovao u nezgodi.

Translate the following sentences into English:

1. Ponaša se kao da je to njegov brod. 1a __________________________________________ 2. Djeluje kao da nije vidio ništa. 2a __________________________________________ 3. On govori o čarteru kao da ga je sam sklopio (sign). 3a __________________________________________ 4. Ponaša se kao da poznaje zapovjednika. 4a __________________________________________

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III TRANSLATION

1. U smislu (under) ovog C/P brod će povoljnom (convenient) brzinom isploviti (proceed) za luku Tubarao, gdje će po nalogu krcatelja/agenta ukrcati 120.000 tona željezne rudače, i isploviti za luku Bakar i tamo isporučiti robu prema uputstvima (as directed) primaoca.

2. Primaocu se mora poslati pismena obavijest, za vrijeme radnog vremena, da je brod spreman za iskrcaj.

3. Vozarina se ima platiti u iznosu od ... po toni, što uključuje korištenje plovnih putova i svjetala, trimovanje i sve druge pristojbe.

4. Krcatelj će u luci ukrcaja broda dati (advance) zapovjedniku broda dovoljno gotovine za redovne troškove broda, a nakon putovanja predat će se troškovi otpreme (disbursements account).

5. Teret će se ukrcavati kapacitetom (rate) od 30.000 tona na dan, a iskrcavati kapacitetom od 20.000 tona/po radnom danu od 24 kontinuirana sata, nedjelje i praznici se uvijek izuzimaju.

6. Vrijeme za ukrcaj počet će u 06.30 nakon što brod objavi da je spreman i da ima "slobodan saobraćaj" (bez obzira da li je na vezu ili ne).

7. Prekostojnice se obračunavaju u iznosu od ... po toni na dan, ali ne manje od ... US $ na dan.

8. Sve vrste havarija u smislu ovog ugovora uredit će se (settie) u skladu s York­Antwerpskim ravilima 1974.

9. Zapovjednik je dužan telefonski obavijestiti Naručitelja, kao i njegovog agenta u luci iskrcaja. U slučaju da mora skrenuti u bilo koju luku.

10. Sve odgovornosti Naručitelja prestaju (cease) po završetku ukrcaja i plaćanja avansa (advance); brodar ima pravo zaloga na teret za vozarinu, mrtvu vozarinu i dangubu.

11. Po predaji tereta Naručitelju pripada provizija (commission) u iznosu od 5% na ukupan iznos (gross amount) vozarine.

l2. Ako zbog zakrčenosti u luci iskrcaja brod mora čekati van luke (off port), stojnice će početi (start to count) u skladu s klauzulom 6, ali tek 36 sati nakon dolaska.

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IV GUIDED WRITING

Write a brief account of the Voyage C/P following the notes given below:

­ definition as compared to the time C/P ­ forms of the C/P ­ major cargoes carried ­ charterer's responsibilities ­ owner's responsibilities ­ master's duties ­ Notice of Readiness ­ laydays, demurrage, dispatch money

QUESTIONS

1. What is a charter party? 2. Who makes parties to a C/P? 3. What are the main types of charter parties? 4. What is the duty of the master or officers when about to sail under a C/ P? 5. How does the charterer operate the ship under a bareboat C/P? 6. What are the duties and liabilities of the charterer under a bareboat C/P? 7. What is another term for a bareboat C/P? 8. What are the duties and liabilities of the owner and charterer under a voyage C/P? 9. What is the Master particularly concerned with in voyage C/P? 10. What are laydays? 11. How are laydays stipulated in the C/P? 12. When does demurrage start?

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LESSON THIRTEEN

CHARTER PARTIES (II)

Time Charter Party. By this charter the charterer hires the vessel and her entire carrying capacity for a specified time and for a specified sum per day, payable at specified periods. All the proper cargo space, including that for deck cargo, is at the charterer's disposal. This is sometimes referred to in a charter party as the "Full Reach and Burden" of the vessel and the charterer invariably assumes it to include any mast or deck lockers available and probably a locker or two in the mate's room.

The steamship company is responsible for the physical operation of the vessel and employs the master and entire crew. It also pays for the stores and provisions and the upkeep and repair of the vessel. In other words, the shipowner puts at the charterer's disposal a fully equipped vessel and operates her for the benefit of the charterer.

The charterer pays for fuel, tugs and pilots; he also pays harbour dues, stevedoring expenses and entering and clearing fees, but not expenses pertaining to the crew, with the exception of overtime if any of the crew work on the cargo. The charterer pays for any fuel in the vessel on delivery and the company pays for any fuel in the vessel on redelivery, both at current market prices at the port, unless otherwise agreed.

In this type of charter party there is no mention of laydays, dispatch or demurrage, unless the charterer makes a sub­charter to a shipper on a voyage basis. It is your responsibility to the time charterer to see that the provisions

90

of the sub­charter are complied with and his interests protected as long as they are not in conflict with your company's interests.

Off Hire. A time charter party contains a clause known variously as the "Off Hire Clause", the "Breakdown Clause", or the "Cesser of Hire­Clause". This clause stipulates that “In the event of loss of time from deficiency of stores or crew, breakdown of machinery, stranding, fire or any damage preventing the working of the vessel for more than ...... hours, the payment of hire shall cease until she is again in an efficient state to resume her service”. The time allowed is usually 24 hours. Off hire also includes dry­ docking, breakdown of boilers, machinery or winches in port or any other difficulty that prevents the working of the cargo or delays the sailing of the vessel.

While at sea on a time charter, if the vessel should develop engine trouble or other fault, making it necessary to proceed (deviate) to the nearest port for repairs, she is usually taken off hire from the time of the breakdown to the time of her return to the geographical position where it occurred and from which the voyage will be resumed. The exact time and position of the point of deviation, as well as the amount of fuel on board at the time, should be logged, and the home office notified in detail regarding the incident. If the charterer has an agent at the port of refuge he should also be notified, as well as your own, if one is in the port. Logbooks, both deck and engine, should carry complete reports of the deviation, using both local time and GMT

At the earliest opportunity after arrival in the port of refuge, make a Note of Protest before your Consul or a

91

notary public. If the latter, have the agent make the necessary arrangements.

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Statement of Facts. Draw up a Statement of Facts covering the time the breakdown occurred and deviation commenced to the time the vessel returned to the point of deviation and the voyage was resumed. This statement should be signed by you, the chief engineer, and the agents. It is generally sent to the home office from the port of refuge. A typical Statement of Facts is shown below for a vessel under time charter, bound from New York to Casablanca. The vessel lost a blade in Lat. 39­40 N. Long. 70­00 W. and returned to New York for repairs.

Reports Required by the Charter. On time charter you may be requested to send the charterer deck and engine room log abstracts, engineer's passage reports, port activity reports and periodic radio reports giving position, speed and weather. Any or all of these should be sent as often as required. If any of these reports are to be made on special forms provided by the charterer, a supply should be requested before sailing. Instructions from the charterer may indicate that arrival and departure reports for all ports be turned in on completion of the voyage. These reports should not be put off until the end of the voyage but should be completed as soon as possible after the vessel arrives or departs from a port of call and the pertinent details are known. If the job is postponed until the end of the voyage it will be found necessary to consult the logbooks and many papers to get the required information.

As master, you are responsible to your company, whose interests you should protect, but you must also look out for the best interests of the charterer in so far as outturn of cargo and quick dispatch are concerned.

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QUESTIONS

1. What is a Time Charter Party? 2. What responsibility does the charterer assume under a

Time C/P? 3. What is the shipowner responsible for? 4. Who pays for fuel, tugs and pilots? 5. Why is there no mention of laydays, dispatch or

demurrage in a Time C/P? 6. What are the duties of the Master or the Ship's Officers

under a Time C/P? 7. Explain and discuss Cesser Clause, and what it refers to. 8. What time does the off­hire period cover when the ship

must deviate from her course and put into a port of refuge?

9. Where must the particulars of the deviation be recorded? 10. Where is the note of protest entered? 11. Discuss the form and purpose of the Statement of Facts. 12. What reports must you make to your Charterer under a

Time C/P? When should it be made?

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EXERCISES

I COMPREHENSION AND VOCABULARY

1. Decide which of the statements is true or false, and give the right solution (consult the previous Unit on charter parties):

1. Under a time C/P the vessel is hired for a specified time and sum per day or period.

2. Laydays are important in time charter parties. 3. In a voyage C/P the charterer is responsible for the operation of the vessel.

4. The owner is responsible to provide the cargo for the voyage.

5. Another term for a bareboat C/P is the Demise C/P. 6. In a Demise C/P the charterer operates the vessel as if it were his own vessel.

7. Under a time C/P the master and the crew are employed by the charterer.

8. When on a time C/P, the owner pays for the costs of fuel, tugs and pilots.

9. The cargo space does not include the deck space and lockers, and these are not at the charterer's disposal.

10. The statement on the engine breakdown is only signed by the chief engineer.

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2. Fill in the missing words or phrases from this Unit: (CONTROL, CREW, CONTRACT, HIRE, SHIPOWNER, CHARTERER, FREIGHT, LET, CHARGES)

Time Charter. A time charter is a of affreightment in which the agrees to and the shipowner agrees to his vessel for a mutually agreed period of time, the remuneration being known as . The ship provides a definite income to the and a minimum risk. A time C/P also protects the Owner from a decline in rates. The does not have to worry about day­to­day operation of the vessel as far as bunkers, port and cargo expenses are concerned. The disadvantages to the Shipowner are that to a certain extent he loses of his vessel, although he still appoints the Master and the .

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3. Fill in the required prepositions:

"Off­hire Clause" or "breakdown clause" provides that in the event time being lost certain circumstances which prevent the vessel working more than 24 hours, payment hire shall cease until she is again ready resume the service contracted. If the time lost does exceed 24 hours, hire is not paid respect the first 24 hours the breakdown. Partial breakdowns, winch of service, insurance, are also considered be within the scope this Clause.

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II GRAMMAR

1. Negative prefixes. Form negative words using the following prefixes: un­, non­, in / im / il / ir­, dis­, mis­:

adj.: variably, possible, regular, legal, complete, seaworthy, important, necessary, changed, appropriate, expensive, clean;

verbs: agree, connect, understand, load, charge, engage

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2. Supply the right verb form in the following conditional sentences:

1. Unless otherwise agreed, the charterer (pay for) any fuel on delivery.

2. If the report (make) at the end of the voyage, it will be necessary to consult the logbooks again.

3. If the charterer employs the stevedores, it (be advisable) to make sure who has to sign the reports of any damage.

4. If the consignee (produce) the original B/L, the Master would have delivered the goods.

5. What would you do if you (have) no receiving documents?

6. If the crew (engage) to work in overtime hours, the charterer will have to bear the labour expenses.

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3. Change the verb forms underlined into the infinitive with "to",

i.e "The Master should inform the Charterer ..." = " The Master to inform the Charterer ... ".

The Charterers shall give the necessary sailing instruction to the Master. The Master shall be under the orders of the Charterers as regards employment, agency, or other arrangements. The Master should prosecute all voyages with the utmost despatch. He must also render customary assistance with the vessel's crew. The Master and Engineer are liable to keep full and correct logs including scrap logs accessible to the Charterers or their Agents. On receiving particulars of any complaint the Owners are to investigate the matter promptly.

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III TRANSLATION

1. Brod će biti predan i stavljen na raspolaganje (at disposal of) Naručitelju u luci Rijeka, na vezu gdje može stalno i sigurno plutati (lie afloat).

2. Brodar osigurava (provide) i plaća sav provijant, zarade posade, osiguranje broda, kao i sve zalihe na palubi i u stroju.

3. Za vrijeme najma Naručitelj mora osigurati i platiti gorivo (naftu), kotlovnu vodu, lučke takse, peljarenje, takse za plovne putove, tegljenje, kanalske pristojbe, ukrcaj tereta, trimovanje, slaganje (uključujući razdjelne daske, žitne pregrade) itd.

4. Naručitelj će u luci stupanja u čarter, a brodar u luci prestanka čartera (redelivery), preuzeti i platiti sve gorivo (naftu), koje je ostalo u brodskim tankovima goriva, po tekućim cijenama u dotičnim (respective) lukama.

5. Naručitelj će zapovjedniku pružiti (furnish with) sva uputstva i dati nalog za plovidbu (sailing instructions), a zapovjednik i upravitelj stroja dužni su uredno i potpuno voditi dnevnike, koji će biti dostupni (accessible) naručitelju ili njegovom agentu.

6. Ako brod ne bude predan u najam (deliver) do 25. X 19... naručiteij ima pravo raskida (cancel) ugovora.

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SEVEN SEAS STEAMSHIP CORPORATION

S.S. SEVEN SEASSTATEMENT OF FACTS Voy. 90

LOSS OF BLADE

1965 EST

1. Lost blade in Lat. 39­40N Long.70­00W 1 5

Ma y

041 5

Hrs 0945 GMT

2. Returning to New York 1 5

Ma y

051 0

Hrs

3. Arrived Ambrose. Pilot on board 1 6

Ma y

131 0

Hrs

4. Made fast, Todds Drydock // 10 1 6

Ma y

173 0

Hrs

5. Left Drydock 1 8

Ma y

130 0

Hrs

6. Discharged Pilot; Departure Ambrose 1 8

Ma y

154 5

Hrs 2056 GMT

7. Arrived Deviation point Lat.39­40N Long.70­00W

1 9

Ma y

045 0

Hrs 0950 GMT

Date Tim e

Dis t

Fuel

From :

Lat. 39­40N Long.70­00W 15 May 041 5

8355

To : Ambrose Pilot 16 May 131 0

192

Todd Drydock // 10 16 May 173 0

23 8249

Left Drydock 18 May 130 8225

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0 Departure Ambrose 18 May 154

5 23

Arrived Deviation point Lat.39­40N Long.70­00W

19 May 045 0

192 8050

From :

Deviation point Lat.39­40N Long.70­00W

To : New York (Todds) and return 4 days 00Hrs

45min.

Total distance 430 miles

Fuel consumed 305 bbls

Chief Engineer Master

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UNIT FOURTEEN

NOTICE OF READINESS

When on a voyage charter it is the master's responsibility to advise the charterer or his agent, in writing, as soon as the vessel is in ail respects ready to load or discharge. This advice is given in the form of a Notice of Readiness tendered to the charterer or his agent. In some cases when a vessel is to load and she is expected at a definite hour, the company or your agent at the port may tender Notice. This is especially true if it is not required to get pratique or to clear Customs.

It is from the moment the notice of readiness has been accepted that the laydays commence, provided the ship fulfils the following conditions:

1. provided she is considered as an "arrived ship", that is, she is berthed or anchored at the place shown in the contract of carriage, and has received free pratique;

2. provided she is in all respects fit to load or discharge; 3. provided the notice has been delivered to the shippers or receivers;

4. provided the notice has been accepted.

At the port of discharge you should tender the Notice without delay. Generally, the charter party will contain a clause stating that laydays are to commence 24 hours after the master or owner has given written notice that the vessel is ready to discharge, whether in berth or not at the place ordered, such notice to be given during official office hours only. The time allowed may vary, and different charter parties may require that the Notice be tendered by the master only, or by either master, owner or agent. The 24 hours, or whatever it may be, gives the charterer time to make the necessary arrangements for discharge of the cargo.

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The date the Notice is tendered, known as the "reporting day", should be entered in the logbook. If for any reason the Notice cannot be tendered after arrival, the reason should be entered in the logbook.

The Notice may be prepared by your agent and presented on board for your signature. There will be anywhere from six to ten copies­be sure to get one for your file.

If the 24 hours expire on an excepted holiday, laydays will begin to count at the beginning of the next working period, unless the charter party stipulates otherwise. Generally, a Notice of Readiness is required by the terms of a charter party. If there is no one to receive it, the facts should be logged and an attempt made to tender the Notice when the charterer or his agent show up, leaving the original date and time on the Notice. If the charterer, of his agent, refuses to sign the tendered Notice, or if either one avoids accepting it, claiming that the vessel is not in all respects ready to discharge or load, make an entry in the log of the reason for the refusal, advise your agent to employ a surveyor to inspect the vessel and inform the charterer or his agent that this is being done. Laydays should be counted from the time stipulated in the charter party as though the Notice had been accepted and signed when tendered.

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The following is a typical Notice of Readiness (US):

SEVEN SEAS STEAMSHIP CORPORATION NEW YORK

NOTICE OF READINESS

S.S. SEAWORTHY

Dear Sirs:

The above vessel has been cleared by Customs and is in free pratique at : hours on l9 in this port and is in all respects ready to commence loading / discharging cargo in accordance with the terms of the relevant charter party dated 19 at New York.

MASTER S.S. SEAWORTHY

The above Notice of Readiness was tendered at : hours on 19 . Accepted at : hours on 19 .

For the charterer: Master S.S. SEAWORTHY:

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Having made certain that the ship has arrived at the time and place laid down in the Charter­Party, the Shippers inspect the ship's holds in order to ascertain whether they are fit to receive the particular cargo the ship has engaged to transport and it is only then that they accept the notice. In accordance with usage and under a Gencon Charter­Party, the lay days commence at fourteen hours on the day when the notice has been delivered, provided this has been done during official hours, before twelve o'clock. If the notice has been delivered after twelve o'clock, the lay days commence at eight hours on the following working day. If the ship is not fit to load or has infringed other Charter­Party conditions, the notice of readiness is not accepted and the reasons for non­acceptance are stated. If the ship cannot enter port immediately, the notice can be transmitted by radio. In such a case the time she spends in the roads counts as "waiting time" provided the clause "time lost in waiting for berth to count as lay days" is inserted in the relevant Charter Party.

As a rule the vessels trading on regular lines are not strictly bound to give notice of readiness either for loading or discharge but they are not exempted from cabling their 72 (preliminary) and 24 hours (final) notice, i.e. cabling their ETA.

Here is another example of a Notice of Readiness:

Dear Sirs,This is to inform you that the m.v. "ARIES" under

my command arrived in the port of Neaples today at 09.00 hrs. and is lying at berth No. 8 in free pratique, ready in all respects to receive a cargo of 2000 tons of oranges as from 09.30 hrs. today.

The laydays commence and are counted as per clause No. l2 of the Owners' Bill of Lading, i.e. "as fast as the vessel can receive".

Yours faithfully, Master of the mv "ARIES"

RECEIVED at 09.30 hrs. on the 12.01. 2...... ACCEPTEDat 09.40 hrs. on the 12.01. 2…..

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QUESTIONS

1. What is the purpose of the Notice of Readiness? 2. Who is the Notice tendered to and by whom? 3. Which conditions must be fulfilled before the N/R is tendered? 4. When do the laydays commence, generally? 5. What is the "reporting day"? 6. Who usually prepares and who signs the Notice of Readiness? 7. What should you do if there is no one to receive the N/R? 8. What if the charterer or his agent refuse to accept the N/R? 9. How are the laydays counted in such a case? 10. What are the particulars of a Notice of Readiness? (see the

examples given) 11. What do the Shippers do when they have made sure that the

ship has arrived at the time and place laid down in the C/P? 12. When do the laydays commence under a Gencon C/P? 13. When is the Notice transmitted by radio? What about laydays? 14. What kind of notices are cabled by liner vessels?

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EXERCISES

I COMPREHENSION AND VOCABULARY

1. Fit the right term in the right column corresponding to the meaning of definition in the left column:

person or company that takes delivery of the goods in the port of discharge: person or company that acts on behalf of the owner or charterer: company that undertakes the carriage by sea: contracts for the carriage of goods by sea: charge for the carriage of goods by sea: remuneration to the agents for their services: money charged by the charterer for delayed loading/discharge of the cargo: time allowed by the charterer or merchant for loading/discharge of the goods: time saved in loading and discharge of the goods: person or company that tenders the goods for loading to the ship:

109

110

2. Supply the missing phrases: (in all respects, berth no berth, in the roads, in accordance with)

Please be informed that the m/tanker OMEGA arrived 15 th February 2004 o and anchored at the west approach anchorage at 14.3O hrs. on 15 th February 2004.

The vessel is ____________ ready to commence discharging her cargo of 60.000 tons of crude oil and 14.000 tons of heavy fuel.

Laytime to commence and to count ___________ Clause 14 of the C/P dated 10 January 2004, upon expiration of 6 hours after the receipt of this notice ______________, unless actual discharge is commenced earlier.

Yours faithfully, Master

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II GRAMMAR

1. Fill in the required conjunctions: (that, when, if, in order to)

The laydays commence within 6 hours on the day the notice of readiness has been delivered. The notice is not accepted the ship is not fit to load. A copy of the notice is returned to the master it has been accepted. The notice of readiness is an advice to the shippers the ship is ready to load or discharge. The shippers should check the holds ascertain whether they are fit to load the cargo. the freight has not been paid, the master may exercise his right of lien on the goods.

2. Adjuncts of time. Underline the parts of the sentence expressing time:

1. On arrival in the port of destination the ship must get free pratique.

2. The notice of readiness should be tendered during official hours.

3. If the N/R cannot be tendered after arrival, the reason for this should be stated in the logbook.

4. Laydays should be counted from the time stipulated in the C/P.

5. Under a Gencon C/P laydays commence at fourteen hours on the day of the delivery of the Notice of Readiness.

6. If the N/R has been delivered after twelve o'clock, the laydays commence at eight hours on the following working day.

7. If the ship cannot enter port immediately the N/R can be transmitted by radio.

8. The ship is ready to start loading the cargo as from 09.30 hours today.

112

113

3. Clauses of time. Consider the following pairs of sentences:

1. a) Before the Notice of Readiness is tendered, a number of conditions must be fulfilled.

b) Before tendering the Notice of Readiness, a number of conditions must be fulfilled.

2. a) After the Shippers have made certain about the ship's arrival, they inspect the ship's holds.

b) Having made certain about the ship's arrival, the Shippers inspect the ship's holds.

In sentences under b) the full verb form from examples a) has been transformed into a shortened form of the verb, i.e. present participle (tendering) and perfect participle (having made). The conjunction (before) has been retained, whereas in ex. 2 b) it has been omitted in front of a perfect participle.

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Transform the sentences below following the examples 1 and 2:

1. When the ship arrives in a foreign port, she must be granted free pratique first.

1a ________________________________________________ _

2. After the arrival of the ship in the port, the Master is expected to tender the notice of readiness.

2a ________________________________________________ __

3. Before the ship enters the port, she must radio her exact ETA.

3a ________________________________________________ __

4. After the carrier has received the goods into his custody, he must issue to the shipper a bill of lading.

4a ________________________________________________ _

5. When the ship loads for more than one port, a different colour is used on the cargo plan for each port.

5a ________________________________________________ _

6. When the cargo had been discharged, the holds were cleaned.

6a _______________________________________________ 7. When the ship loads palletized shipments, we must allow for increased lost space.

7a _______________________________________________ 8. When the ship overtakes another, she should keep clear.

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8a ________________________________________________ 9. After the ship had arrived in the port, the master had to tender the notice of readiness.

9a ________________________________________________ 10. Loading or discharging operations must not start before the Notice of Readiness has been accepted.

10a ________________________________________________

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III TRANSLATION

1. Notice of Readiness:

Ovime Vas obaviještavamo da je m/b “Jabuka” pod mojim zapovjedništvom stigao danas u luku Napulj i da se nalazi na vezu br. 4 “slobodan promet” ishođen, te da je spreman u svakomm pogledu da započne ukrcaj 3.000 tona generalnog tereta danas počevši od 19.00 sati.

Vrijeme stojnica počinje i računa se premma klauzuli 15 teretnice brodara, tj. “onako brzo kako brod može primati”.

S poštovanjem, XY, zapovjednik broda "JABUKA"

2. Čim brod bude spreman za ukrcaj, pozvat ćemo nadzornika tereta (Cargo Superintendant).

3. Nakon što javite točno vrijeme dolaska, pripremmite pismo spremnosti.

4. Prije nego predate pismo spremnosti, provjerite (make sure whether) da li je brod spreman za iskrcaj.

5. Čekamo na odgovor krcatelja od 16.00 sati. 6. Dok je brod krcao teret, zapovjednik je razgovarao s agentom.

IV GUIDED WRITING

As master of the M/V ŠKOLJ write a notice of readiness to your agents (XY) in the port of Genoa, using the following information:

­ time of arrival: l6th May 19, 13.00 hrs ­ place: anchorage ­ loading to commence: 07.00 hrs on the following day ­ lay days: in accordance with C/P, twelve hrs upon receipt of N/R

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UNIT FIFTEEN

SEA PROTEST

In any of the circumstances enumerated below it is advisable for the master to note a protest.

1. Whenever during the voyage the ship has encountered conditions of wind and sea which may result in damage to cargo.

2. When from any cause the ship is damaged, or there is reason to fear that damage may be sustained.

3. When through stress of weather it has not been practicable to adopt normal precautions in the matter of ventilation of perishable cargo.

4. When cargo is shipped in such condition that it is likely to suffer deterioration during the voyage. In this case, however, the protest will not be effective unless the bills of lading were endorsed to show the condition of the cargo at the time of shipment.

5. When any serious breach of C/P terms is committed by the charterer or his agent, such as refusal to load, unduly delaying loading, loading improper cargo, refusal to pay demurrage,

118

refusal to accept B's/L in the form signed by the master, etc.

6. When consignees fail to discharge cargo or take delivery thereof, and pay freight in accordance with C/P or B/L terms.

7. In all cases of general average.

Protest should be noted as soon as possible, certainly within 24 hours of arrival in port. and in the case of cargo protests before breaking bulk.

A "note of protest" is simply a declaration by the master of circumstances beyond his control which may give, or may have given, rise to loss or damage. Such declaration must be made before a notary public, magistrate, a consular officer, or other authority. Usually, statements under oath will be taken from the master and other members of the crew and these statements will have to be supported by appropriate log book entries. At the time of noting protest the master should reserve the right to extend it.

Protests are admissible in evidence before legal tribunals and, in many cases, are essential to the establishment of a claim.

(a) In many countries, particulary on the Continent protests are received in evidence as a matter of course.

(b) In the United Kingdom, however, they are not accepted as evidence in favour of the party

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making the protest unless both parties consent. The chief use of a protest in the United Kingdom is to support a claim by a cargo owner against his underwriters. There is no legal necessity for a protest in the United Kingdom and legal rights are in no way affected if a protest has not been noted.

On the Continent the position is different; there the noting of a protest is a condition precedent to certain legal remedies. For example, consignees cannot make a claim for cargo damage unless they protest within 24 hours of taking delivery of the goods and follow this up by a court summons within one month. The master, if he delivers the cargo and accepts the freight, will be barred from claiming the cargo's contribution in general average unless he notes protest within 24 hours and notifies the consignee that he has done so.

It is not essential that a protest should be made on a special form but it is advisable and usual in practice.

A typical protest form reads as follows: NOTE OF PROTEST (US)

On this day of in the year One Thousand Nine Hundred and personally appeared and presented himself before me Consul/Notary Public , Master of the called the of Officia1 Number and Tons Register, which sailed from on or about the day of with a cargo of bound for and arrived at on the day of and fearing loss of damage owing to he hereby notes his protest against all losses, damages & etc., reserving right to extend the same at time and place convenient.

Signed before me (signed) Consul Master

Notary Pub1ic at (signed)

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Here are some more examples of sea protests and extracts from logbooks: (1)

N O T E O F P R O T E S T (UK)

Be it hereby made known:

That on this the 15th day of February in the year of Our Lord, Two Thousand and Four and personally appeared and presented himself in the office of Attorneys and Notaries before me, John Mills , Notary Public, by the authority of Government, duly admitted and sworn, Henry J. Smith , Master or Commander of the MV Greenhouse which sailed on a voyage from Neaples on the 23rd day January 20 laden with a full and complete cargo of furniture in containers calling at Algeciras and Port of New York and arrived at this Port on 15th day of February 2004 now lying within the harbour. And the said Appearer did hereby declare to note his protest against all perils, dangers, casualties and occurrences of all nature or kind whatsoever and all loss or damage thereby occasioned, reserving to himself the right to extend the protest in times and places convenient, and causing this minute of all singular the premises to be entered in this register.

(Sgd) Agents. Master.

QUAD ATTESTOR

Notary Public

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(2)

Notary Office: Genoa, Italy

I , Master of the M/V under the flag of the Republic of Croatia, owned by , Croatia, Gross Tonnage , Net. Tonnage , sailed from Rijeka, Croatia on , to Genoa, Italy, via Venice, Italy with a full load of bulk wheat of Tonnes.

During the voyage the vessel met with stormy weather and heavy seas, the ship suffered rolling and pitching, heavily shipping water fore and aft and spraying overall.

All precautions were taken to save the cargo and the ship but nevertheless, fearing damage to the cargo during the bad weather, I state the present sea protest, reserving the right to extend the same at the time and place convenient.

Witnesses: 1. , Second Mate 2. ,Chief Engineer,

Master 3.

The Notary Office

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(3)

Note of Protest

To ………… …………

I, .........., signed below, in command of M/V ......... under ........ flag, of .......... gross and .......... net tons, owned by ........., loaded with ………… tons of general/bulk/liquid cargo, sailed from .......... to .........., arriving in .......... on .......... 19…, bring this protest against unlawful stopping and detention of my vessel by the .......... Authorities/Navy.

On the date …………… after passing ……….. at ……… hrs local time on position ………… I have been summoned by a patrol/war ship carrying the colours of ……………… to reduce speed and prepare for search. Upon examination of the ship’s papers and cargo manifest the ship was released on ………… at ………… hrs free to proceed to her destination. The above said been duly noted in the ship’s official log, pp. …………… .

As this is considered as an act of hostility and violation of the international law upon the high seas, I herewith lodge this protest and repudiate the responsibility for the possible consequences which may arise therefrom.

Master

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(4)

Extract from logbook: heavy weather damage.

4 December, 19 , 0800. On voyage from Yokohama to San Francisco with full cargo of uncrated

motorcars (480). Course 068 true, speed 22.0 knots, wind S 7, sea 5, bar. 996 mb., overcast with squalls.

0830.received facsimile weather chart which

indicated that a depression near Japan was quickly

growing in intensity and moving eastwards at a

speed of over 40 knots. Expected to overtake the

ship early in the afternoon. All lashings on cargo

were checked and in some cases doubled.

1000. Wind S9, sea 7, bar. 990 mb. falling rapidly,

squalls. Hove to on a southerly course, speed

about 3 knots. Rechecked cargo lashings.

1010 to 1535. Hove to in position: 38° 18’ N; 155°

50’ E. Wind of hurricane force, S 10 to 11, in the

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squalls up to 12 and over. Very heavy sea and fierce

squalls. The ship is riding fairly easily, but rolls

violently at times.

1445. Passage of cold front. Sudden shift of wind

from S 12 to W 12. Bar. 972 mb. Heavy

continuous rain. Ship buried in foam and spray.

1500. Wind W 10, mountainous cross sea, bar. 986

mb. rising rapidly. Wind beginning to moderate.

1535. Wind W 8, sea 7, bar. 990 mb., cloudy.

Weather conditions improving. Resumed voyage on

course 090 true, speed 12 knots.

Inspected all holds and found that a

lorry lashed in No. 2 upper tween decks portside had

come partly adrift and had damaged three

motorcars marked Honda 850.

125

1800. Wind W 7, sea 6, bar. 1000 mb. Weather

conditions sufficiently good to increase to full

speed, 22.0 knots, course 080 true.

The turnaround this time was fairly

quick and the ship is expected ready to leave for

Buenaventura tonight.

Master

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QUESTIONS

1. What is the most frequent reason for entering a sea protest?

2. When will the condition of the cargo shipped be acceptable as a reason for entering a sea protest?

3. What are the other reasons for filing a protest? 4. Within what time should a protest be noted? 5. What is the purpose of the sea protest? 6. Where is the note of protest lodged? 7. Where is the protest used as evidence? 8. Is the sea protest accepted as evidence in the UK? 9. What is the use of the marine protest in other

European countries and Croatia? 10. When will the consignee be able to claim for

cargo damage? 11. What must the sea Protest be supported by?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Fill in the appropriate from of the verb in brackets: (LODGE, EXTEND, RELIEVE, ENTER, RAISE, ACCOMPANY)

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1. A sea protest must within 24 hours of the ship’s arrival

2. Sea protests in cases of collision, fire on board, unfavourable weather, engine breakdown, generator failure, etc.

3. A protest can later on if necessary. 4. Sea protests are among the most important documents produced when claims against the Insurers.

5. Protests serve to the Shipowner from liability for alleged damage or loss to the ship or cargo.

6. A sea protest must by copies of the deck log book and of the engine­room log.

2. Fill in the blank spaces with the words in brackets (deck log): (DROPPED, HEAVE, PROCEEDING, APPARENTLY, SIGNALS, PRESCRIBED, PASSED, CAUSING, LODGING, HEARD, COMING)

10.00 Poor visibility. at half speed on variable course.

12.00 Foggy weather and restricted visibility. anchors in position 40°03’ N; 31° 00’ E waiting for improvement of visibility. Strengthened, uninterrupted watch and sounding blasts on ship's whistle.

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12.30 Fog signals are from a vessel underway from port side forward. To attract her attention we gave fog consisting of short blasts and flare­up lights as by the Rules of the Road.

13.15 Heard a sound of heavy stroke coming from port side forward. The incoming vessel by our portside, struck the portside quarter, then bruised heavily the port shell plating, heavy damages.

13.40 It was proved that the colliding vessel was the m/v "SOLAS".

14.10 up both stbd. and port anchors. Engines stand by.

14.15 Slow ahead. Proceed to Barcelona for protest and repairs.

14.20 Full speed ahead toward Barcelona.

3. Supply the missing words (engine log): (ENGINE, STRUKE, BILGES, SPEED, ANCHORS, DAMAGE)

10.00 Half ahead. 11.00 Slow ahead 11.15 Stop 12.05 Dropped both 13.15 Heard strong sound of heavy on the portside forward

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13.30 No to engine. We fear damage to shafting line 13.50 Sounding and checking engine found dry. 14.00 Stand by engine; heave up both 14.15 Slow ahead 14.20 Full speed ahead.

II GRAMMAR

1. Verb + Noun (object) Collocations. Study each sentence in the text where the noun "protest" appears, then find and underline all the verbs that take this noun as object (or subject of a passive sentence); e.g.: “note a protest”.

2. IT + BE + ADJECTIVE + to­INFINITVE. Compare the following pairs of sentences:

that­CLAUSE

1. (a) It is advisable for the master to note a protest.

(b) It is advisable that the master notes a protest.

2. (a) It has not been practicable to adopt normal precautions in the matter of ventilation

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(b) It has not been practicable that normal precautions in the matter of ventilation be adopted.

3. (a) It is not essential to make a protest on a special form.

(b) It is not essential that a protest is/be made on a special form.

Replace the TO­INFINITIVE constructions with THAT­CLAUSES as in the above examples:

1. It is necessary to note a protest immediately. 2. It is important to support the notes of protest by extracts from the logbook.

3. It is advisable to insist on the presence of the agent when noting a protest.

4. It is necessary to consult the logbook and other ship's documents.

5. It is advisable to note a protest in the first port of call.

6. It is most convenient to enter the ship outwards as soon as the Jerque Note has been issued.

7. It is important for the protest to be signed by witnesses.

3. Translate the above sentences (II 2) into our language. Note that IT is not translated by its equivalent T0, e.g.:

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1. Nužno/potrebno je .......... 2. Preporuča se/preporučljivo je ..........

III TRANSLATION

1. (Extracts from a deck log)

10. Svibnja 04.20 NE vjetar jačine, nalazimo se bočno od rta Elli.

Prošli smo Dardanelski prolaz. Prolazimo tjesnacem Tenedos.

04.30 NE vjetar jačine 5, nalazimo se bočno od otoka Tenedos.

04.40 Kurs 2l2°, teret redovno ventiliran 08.20 Pretežni tank ispražnjen, kotlovi napunjeni

vodom iz tankova u strojarnici 10.15 Upravitelj stroja izvještava da napojna pumpa

(feed pump) kotla ne radi normalno i da je isključena. Treba je pregledati (overhaul).

12.10 NE vjetar jačine 5, kurs 212°. Pređena udaljenost 180 milja, vrijeme 22 sata, brzina 8 čvorova. Nebo oblačno, more umjereno do uzburkano (rough). Teret redovno ventiliran. Izmjerene kaljuže (sound).

13.20 NE vjetar jačine 7/8, kurs 212°. More jako valovito. Brod se valja i posrće. Valovi udaraju

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(hit) o palubu i povremeno (at intervals) prelamaju preko grotala (break). Zbog lošeg vremena teret se ne ventilira redovno.

14.00 NE vjetar jačine 8/9, kurs 212°. Veoma visoki valovi. Zbog nevremena teret se ne ventilira redovno. More je možda ušlo (find way into) u skladišta i smočilo (wet) teret. Ovo navodim radi zaštite interesa broda i tereta.

11. Svibnja

07.00 NE vjetar jačine 6/7, kurs 260°. Nalazimo se u blizini luke Pirej. Udaljenost 4 milje. “Pozor u stroju”.

09.00 Oborili sidro kod Pireja. 09.15 Dobili "slobodan saobraćaj". Obavljamo

(comply with) lučke i carinske formalnosti. 12.30 Proslijedili za luku Pirej. 13.40 Vezani u bazenu za generalni teret. Zatražili

snabdijevanje vodom i gorivom. 14.30 Započele trgovačke operacije.

2. Da bi se prijavila pomorska nezgoda potrebno je potkrijepiti (support) prijavu izvacima iz dnevnika.

3. Bitno je da se protest prijavi u roku od 24 sata po dolasku broda u luku.

4. Nemoguće je da brodar uvijek zna točno vrijeme krcanja broda.

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5. Korisno je znati postupak (procedure) za prijavu pomorske nezgode.

6. Važno je znati gdje se može prijaviti pomorska nezgoda.

IV GUIDED WRITING

1. Make an outline (headings and sub­headings) of the text on the Note of Sea Protest. The outline should help you as a reminder in presenting the text both orally and in writing. Use PowerPoint or transparencies (slides).

Suggestions:

1. _____________ 2. _____________ 2.1 _________ 2.2 _________ 2.2 (a) ________ 2.2 (b) ________

2.3 ____________ 3. _____________ 4. _____________ 5. _____________

2. Make up a sea protest on the basis of the following

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headlines (add other information if necessary):

­ your vessel name "ŠKOLJ" ­ cargo carried: refrigerated container cargo ­ voyage: Rijeka to Boston ­ cause of protest: breakdown of main generator ­ no power for 10 hours

­ damage feared: possible deterioration of frozen and chilled cargo due to power failure in supplying reefer containers

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UNIT SIXTEEN

PROCEDURES ON ARRIVAL AT A PORT

Ship arrival and departure procedures vary from port to port, but some of the necessary formalities will follow on the same or similar lines everywhere.

Signals on approach: If the ship is healthy, she should fly a Q or show lights red over white. If the ship is an infected or suspected ship, she should fly or flash QQ or show the white over red light. In any case, where it is possible, the port health authority should be notified in advance by radio.

The master, before arrival at a first port of call, shall ascertain the state of health on board. On arrival he should complete and deliver to the health authority for that port a MARITIME DECLARATION OF HEALTH which shall be counter­signed by the ship's surgeon, if one is carried.

If there is any doubt of the ship being detained or delayed for health reasons, the master should, before approaching the port, and not less than four nor more than 12 hours before arrival, wireless in to the local health authority giving full particulars, i.e. name of ship, ETA, and all important details about the health of his ship. This will enable the medical officer to meet the ship at the earliest possible moment, to obtain necessary supplies of vaccines, and to make arrangements for hospitalization, if needed.

The master should have ready a full list of crew and passengers and ports of call throughout the voyage or at any rate for the last six weeks, together with the Declaration of Health. In many ports pilots are issued with a list of "suspect ports" and are instructed to communicate with the Port Health Authorities if the ship has called at any of them during the previous four weeks. If she has, Free Pratique will not be granted by the Customs until the vessel has been visited by the Port Medical Officer.

Bringing to: The ship must be brought to at the "outer boarding station" of the port, where the master should have ready for production the Maritime Declaration of Health (illustrated above) as well at the Deratting (or Exemption) Certificate. No unauthorised boarding or leaving the ship must be permitted until she is cleared.

Granting pratique: The Customs preventive officer will board the ship, ask questions regarding the health of persons on board, take delivery of the signed Declaration and, if justified, grant a Pratique Certificate on behalf of the health authority.

CERTIFICATE OF "PRATIQUE" BY CUSTOMS OFFICER

(1) Master's name I hereby certify that I have examined (1) …JAMES… ………ARTHUR……GREENWOOD…..……..

(2) Ship's Name Master of a ship called the (2) ….."FORESTER"… (3) Port where voyage lately arrived from (3) ……TAKORADI………...… commenced and that it appears by the (4) ……written………..…

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(4) "Verbal" or "written" answers of the said Master to the questions put to him as the case may be that there has not been on board during the voyage any

infectious disease demanding detention of the ship by the Customs authorities and that she is free to proceed.

Given under my hand at LONDON

This certificate, issued by the this 12 th day of April Customs authorities, does not exempt 19 73 the ship from any requirement which (Signed) may be made by the Medical Officer of the Health Authority under the a.williamson Law in that respect.

Preventive (or other responsible) Officer of Customs and Excise.

Entering inwards: When the ship is berthed, the master must report her arrival at the Custom House. The ship must be reported within 24 hours of arrival (Sundays and holidays excepted) and before "breaking bulk", i.e. the commencement of discharge. If the vessel arrives outside working hours and immediate discharge is desired, an "interim" report will be made on board immediately on arrival. This may be done even during working hours, especially in the case of passenger ships, to save time. The master may nominate a responsible officer of the ship to make the report on his behalf.

Report: When reporting at the Custom House, inward light dues are paid and GENERAL DECLARATION ON ARRIVAL (or Inward Entry) is completed by the Master or Agent. The CERTIFICATE OF REGISTRY and DECK CARGO MEMO, is required to assess the amount due. The master then goes to the Reporting Officer with the necessary papers and swears the correctness of the information contained in them.

STORE LIST of

S……………..….. Arr. …………………..…From ..………...……….. Master …………… Net ……… Gross ………….Crew …...…...……… STEWARD DEPARTMENT

Bread …………..…… lbs. …………….. Rum ………………………. lbs. ……. Biscuit ……………… lbs. …………….. Tobacco ………………….. lbs. ……. Bacon and ham …….. lbs. …………….. Whiskey ………………….. bottle…. Butter and Margarine . lbs. …………….. Whiskey ………………….. gall..….. Cheese ……………… lbs. …………….. Wine ……………………… ………… Cocoa and Chocolate . lbs. …………….. ……………………………. ………… Coffee ……………… lbs. …………….. Eggs ………………… lbs. …………….. DECK AND ENGINEDEPARTMENT

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Fish, fresh ………….. doz. ………….…. Bags. empty ………………. pcs. ……. Fish, dried salt ..…….. lbs. ………….….. Blocks ……………………. pcs. …….

AND ALL OTHER ARTICLES OF EQUIPMENT AND INSTRUMENTS

FOR THE PROPER WORKING AND SAFE

NAVIGATION OF THE VESSEL

Dated at sea …………………...…….. 19 ……. …………………………………….. Four copies required for U.S. Custom Master

It is useful to know the names of customs officers according to their duties:

Preventive Officer issues the Certificate of Pratique. Reporting Officer receives the Report. Waterguard Officer issues the Jerque Note (Inward Clearing Bill).

As soon as the ship is ready to discharge, the master should serve a NOTICE OF READINESS on the receiver (consignee) or his agent. The Waterguard Officer checks the landing of all goods destined for the port and when the discharge is completed the ship is searched and the stores checked and compared with the Surplus Store List, and if all is in order the INWARD CLEARING BILL (or JERQUE NOTE) is issued.

Hatch survey and protest: If the master has grounds to fear that cargo may be damaged, he should (unless this has been done by radio before­hand) arrange a hatch survey and notify the consignees or their agents accordingly. That gives them an opportunity to appoint a surveyor to act on their behalf. When cargo damage is suspected a protest should be noted before a Notary Public or a consular officer and the right to extend it reserved.

Generally, if the surveyors find that the hatches had been properly covered and secured, that the top stowage was in order, the ventilation and dunnaging arrangements were satisfactory, and that any water damage was not due to salt water, that will be sufficient to defeat claims against the ship.

QUESTIONS

1. What signals, flags or lights, should a ship exhibit when arriving at a port? 2. Explain and discuss Maritime Declaration of Health. 3. What should the master radio to the port health authorities? 4. What are the documents that the Master should prepare for the Health, Immigration,

Customs, and Port authorities? 5. What is Free Pratique, and who grants it? 6. What does “bringing to” mean? 7. Within what time must the ship be reported at the Custom House? 8. Where are the inward light dues paid? 9. What documents are issued by the following officials: Preventive Officer, Reporting

Officer, Waterguard Officer?

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10. What is a Jerque Note? 11. What does the Master do if he fears that the cargo may have been damaged? 12. What must the surveyor make sure to repudiate claims against the ship?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Fill in the blank spaces (in case of verbs supply the right form): (Report, enter in, ballast, authorize, master, arrival, bulk)

On arrival at her port of destination the vessel is required to be with the Customs. This is the responsibility of the , who must report to the Custom House. There he will sign the before the officer of the Report Seat. This must be done within 24 hours of in the port from a foreign port, whether loaded or in . Penalty (in UK) for failure to report, or "breaking " before reporting, is fined Lstg. 100. The master may an officer of the ship or an agent ashore to represent him.

2. Decide which of the following terms refers to the definitions below: (Maritime declaration of health, Free pratique, certificate of registry, REPORT, JERQUE NOTE, CARGO MANIFEST, PASSENGER LIST)

1. Document issued to the Master when cargo is shipped. Contains particulars of cargo, shipper's name, marks and numbers, quantities, where loaded,Master's name, particulars of the ship.

2. Document (or a form) signed by the Master or Agent and presented to Customs authorities when entering inwards. Describes the ship, cargo, stores, list of passengers, dangerous cargo etc.

3. A document issued by the master giving particulars of the ship's health conditions on the basis of which the Health authorities in a port give the Bill of Health to the Master.

4. A vessel's identity certificate. Issued by the Government of a country after the vessel has been surveyed.

5. Certificate given by the Customs searcher (i.e. Waterguard Officer) when the ship has been searched and no unentered goods are on board; also called Inward Clearing Bill.

6. A document giving the number, nationality and other particulars of passengers on board.

7. Certificate issued by medical officer of a port to an arrived ship when he is satisfied that health of crew is satisfactory.

II GRAMMAR

1. Insert the missing preposition:

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On arriving the limits a (UK) port, the ship will be boarded a preventative officer, whom the master presents the bill health. The Customs collect the Bill Health and pass it the local Medical Authority. The Bill of Health is a document which certifies that the health any individual board is completely free any contagious disease. The document is signed the ship's medical officer, and his absence, the master.

2. Supply the right form of the verbs in brackets and fit the appropriate conjunction (If, That, In order to, Which, When, Who, Before, As soon as, So that):

the deratting certificate (issue) in accordance with the Public Health Regulations, the Customs preventative officer (visit) the vessel; (compare) the list of stores with the amount in the ship's pantry. the Customs preventive officer (be) satisfied everything is in order, the stores (seal) duly and (remain) so until the vessel (leave) port. He then (proceed) to search the vessel with a view to securing contraband.

these formalities (complete) satisfactorily, a report on the form called "General Declaration on Arrival" (make). The master (apply) for a pilot bring the ship to the berth or dock. He or his agent then (proceed) to present the required documents (i.e. Certificate of Pratique, Passenger List, Custom House report, Cargo Manifest, Deck Cargo Certificate, Tonnage Dues Slip) to the port Custom House discharge and/or loading may (commence).

the discharge (complete) and all the formalities (finish), the master (give) a certificate of inward clearance is known as "jerque note" or Inward Clearing Bill.

3. Word forms. Supply the right word form (noun or verb) as required: (certify, certificate; declare, declaration; complete, completion)

l. The cargo must be on a document called cargo manifest 2. This is to that the ship is free from any contagious disease. 3. Has the of Pratique been granted? 4. Please this form and hand it to the Reporting Officer. 5. Upon of the discharge and search of the holds the Waterguard Officer

issues the Jerking Note. 6. At the outer boarding station the Master produced the Maritime of

Health to the Medical Officer.

III TRANSLATION

1. Brod na sidru dužan je (shall) istaći (hoist) na najvidljivijem mjestu u smjeru sidra ­ jedno svjetlo u 360° i jednu kuglu.

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2. Ispunjena Opća carinska deklaracija mora se odmah po dolasku na vez predati (submit) Lučkom carinskom uredu (Port Clearance Office).

3. Carinskim vlastima mora se također predati ulazni (inward) manifest tereta koji će se iskrcati u luci, kao i tereta koji će se u luci prekrcati.

4. Zapovjednik ili agent broda, koji podliježe (liable to) karanteni dužan je obavijestiti zdravstvene vlasti u luci Singapur najkasnije 6 sati, a ne ranije od 24 sata prije njegova ETA u luku, o slijedećem:

­ ime broda, luka polaska i zadnja luka ticanja ­ broj članova posade, broj putnika, pojedinosti o bolestima na brodu u toku posljednjih

15 dana prije dolaska ­ trajanje (validity) Svjedodžbe o deratizaciji / Svjedodžbe o izuzeću od deratizacije, i ­ vrst, priroda tereta na brodu.

5. "Slobodan promet" dobiva se (grant): putem radija preko kanala 14; nakon (following) pregleda na brodu na karantenskom sidrištu; i izuzećem.

6. "Slobodan promet" putem radija: Zapovjednik ili agent dužan je obavijestiti lučke zdravstvene vlasti (Medical Officer) od 8 do 24 sata prije dolaska broda u Singapur da potvrdi da su svi putnici i sva posada na brodu zdravi, da brod ima punovažnu (valid) Svjedodžbu o deratizaciji, …, i da traži (request for) "slobodan promet".

7. Kada brod dobije "slobodan promet" putem radija, brod se može uputiti na vez (proceed alongside), ili trgovačko (working) sidrište, i započeti komercijalne operacije (cargo operations), a da ne čeka (without) na pregled od strane zdravstvenog službenika.

8. Nitko se ne smije popeti (board) na brod ili sići (disembark) s broda koji vije (display) karantenske signale, ili dok se nalazi na karantenskom sidrištu, bez pismene dozvole (permission) lučkog zdravstvenog službenika.

9. Zapovjednik ili agent broda na kome je došlo (occur) do smrtnog slučaja (a case of death) ili zarazne bolesti dužan je odmah o tome (of such case) obavijestiti lučke zdravstvene vlasti putem VHF kanala 14 ili telefonskim putem.

IV GUIDED WRITING

Write a summary of the above reading text by following these headlines:

­ signals approach: healthy, infected, suspected ship ­ bringing to ­ granting pratique (documents) ­ entering inwards: reporting the ship at the Custom House ­ documents on reporting: certificate of registry, deck cargo certificate, cargo

manifest, notice of readiness, etc. ­ issuing of the Jerque note ­ hatch survey and protest

LESSON SEVENTEEN

PROCEDURES ON DEPARTURE (CLEARANCE OUTWARDS)

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The master must enter the ship outwards on the ENTRY OUTWARAS AND DECLARATION form. It is most convenient to enter outwards ­ as soon as the Jerque Note has been issued, as the ship cannot begin loading her outward cargo until this has been done. However, if it is required to commence loading outwards before al the inward cargo has been discharged, a special permit must be obtained.

THE ENTRY OUTWARDS AND DECLARATION form should contain: name of ship, name of master, port of registry, net tonnage, number of crew, where the ship is lying, the name of any previous loading port, destination, whether with or without passengers, particulars of any inward cargo, particulars of previous voyage, and the name and address of the agent. Either Master of Agent can sign it.

The master or the agent must go to the Custom House and first pay the outward light dues unless these dues have already been fully paid for the current financial year. If the ship is a foreign ­ going ship and has deck cargo, the owner, agent or master must complete a form to declare the space occupied by the deck cargo. The form must be shown to the Custom Officer who is last on board at the beginning of the voyage.

Having settled the matter of light dues, the Master or Agent must then go to the Inspector with the following papers:

Certificate of Registry, Deck Cargo Certificate, Safety Certificate (or Certificates), Outward Light Bill Receipt, Load Line Certificate, Clearance Outwards and Victualling Bill, Manifest (or Declaration that one will be delivered within 14 days of vessel's departure) List of Outgoing

Passengers (if any), signed by Master and countersigned by Emigration Officer, Inward Clearing Bill (Jerque Note).

When the Custom Inspector is satisfied with the above named documents, he will date, stamp and sign the CLEARANCE OUTWARDS and hand it to the Master.

Once the port clearance has been issued, the ship is, as far as the Customs authority is concerned, free to sail from the port. But if the ship is in an enclosed dock, the Dock Master will require to sight the "Dock Pass" (issued by the authority when dock dues have been paid) before he will permit the vessel to leave.

** Slika “Vessels with cargo” **

Engagement of Crew and Preparation for Voyage

It is important that those signing on should have all the necessary documents such as Certificate of Competence, or Certificate of Qualification, Discharge Book (or Seaman's Book, Seaman's Passport) and Yellow Book (Vaccination Certificate). The Master must maintain a List of the Crew, see that he has an Official Log Book for the voyage together with the necessary supplementary logs (Radio 1 and 2, Watertight doors, etc. for passenger ships), Oil Record Books, and supply of Account of Wages forms, National Insurance form, etc.

Manifest. There is no official form for this, which may be in ordinary manuscript, written or typed, though some shipping companies may have their own special forms for the purpose. It should contain a detailed description of the ship's cargo showing marks and numbers of packages or other units, weights or quantities, name of shipper, name of consignee (or "to order"), port of shipment, intended port of discharge, reference number of

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the B/L for each package or unit, name and particulars of the vessel, and the name of the master. In the case of a general cargo liner the manifest is not usually ready at the time when the vessel clears. Accordingly, the clearing officer accepts a declaration that a manifest will be delivered within 14 days.

Advance copies sent to agents of the ship abroad are useful to enable them to make preparations for berthing and unloading.

QUESTIONS

1. On what form is the clearance outwards entered? 2. What data should the Entry Outwards and Declaration contain? 3. What dues must be paid in order to clear the ship outwards? 4. When is the ship exempted from the payment of such dues? 5. What are the documents that must be presented to the Inspector? 6. What does the Clearance Inspector finally hand to the Master? 7. When is the Dock Pass required? 8. What are the documents required from the ship's personne1? 9. What information is entered in the Manifest?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Fill in the missing words or phrases from the brackets: (ON HIS BEHALF, FINALLY, PERSONALLY, IN PREPARING, THE COLLECTOR OF CUSTOMS, ON BOARD)

the vessel to leave a (UK) port the Master or his Agent shall attend before or other Customs officer. He is not normally required to attend the Custom House , and may give written authority to the agent to clear . When outward clearance is applied for the following documents are required to be presented: Clearance Outwards, Load Line Cert., Ship's certificate of registry, Wireless Certificate, Light Dues Certificate, safety equipment cert., Passenger List, and General Declaration of Departure. The last document includes any imported cargo remaining for exportation. the Inward Clearing Bill is needed.

2. Here is a list of terms used in clearing the ship inwards or outwards. Find synonimous or similar terms (i.e. having the same or nearly the same meaning):

­ entry outwards and declaration ­ certificate of pratique ­ light dues certificate ­ clearance outwards/inward

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­ Inward Clearing Bill ­ consignee ­ to break bulk ­ Port Health Officer ­ De­Ratting Certificate ­ Reporting Officer ­ Collector of Customs ­ Wireless Certificate

3. Make a list of all the documents used in clearing the ship outwards, and compare them with the corresponding ones used for the clearance inwards, i.e.:

GENERAL DECLARATION ON ARRIVAL ­ ENTRY OUTWARDS AND DECLARATION

II GRAMMAR

1. Choose the right verb in the brackets to form verb+noun collocations; supply the right verb form: (SUBMIT, GIVE, PROVIDE, COMPLETE, LEAVE)

When these formalities satisfactorily , the ship may the port on her voyage. In addition the ship manifest and passenger list, which particulars of the names of passengers carried, must to the port Custom­ house within 14 days of clearance of the ship. The manifest is a list of cargo on board particulars of the cargo, content, marks, shippers, and consignees.

2. Concession is expressed in the sentence:

1. There is no official form for this, though some shipping companies may have their own special forms for the purpose. Other examples of concession from the previous lessons are:

2. The Merchant shall tender the goods when the vessel is ready to load, notwithstanding any custom of the port.

3. No matter whether expressly arranged beforehand or otherwise, the Carrier shall be at liberty to carry the goods by the said or other vessel.

4. Although much trade is based of FOB or CIF contracts, the most useful type of B/L is the clean, negotiable, "through" Bill of Lading.

5. In spite of the engine breakdown the ship managed to arrive on time. 6. However hard the agent tries, the cost of loading cannot be reduced.

Join the following sentences to convey the idea of concession. Use one of the above conjunctions or phrases to introduce concession:

1. A knowledge of the stowage is very useful to the ship's officer. The cargo characteristics were given on the B/L.

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2. There were similar types of ships in the past. Ro­ro operations started only after the 2nd World War.

3. Permission to immobilise engines was given by the Harbour Master. This was later cancelled due to an approaching storm.

4. The clean receipt was issued. The cargo delivered was not in good order and condition.

5. The ship was allowed to leave port. She did not submit the cargo manifest at the time of clearing.

6. The Custom Inspector signed the Clearance Outwards. The ship did not produce all the necessary documents.

III TRANSLATION

1. Za brod koji odlazi iz luke (outward vesse1) moraju se u roku od l4 dana po odlasku broda predati dokumenti kao što su: Izlazni manifest s pojedinostima o lokalnom i prekrcajnom teretu, te Izlazna deklaracija kao dozvola (authority) za iznošenje (take out) robe.

2. Zapovjednik, brodar ili agent broda koji traži (apply for) dozvolu za isplovljenje treba predati na uvid (sighting) lučkim zdravstvenim vlastima:

­ punovažnu Svjedodžbu o deratizaciji/izuzeću od deratizacije ­ "slobodan promet" izdan od zdravstvenih organa, ako brod dolazi iz neke zaražene luke. 3. Prije odlaska broda brodski agent mora podnijeti opću deklaraciju u 4 primjerka.

Moraju se ispuniti (complete) sve pojedinosti (details) kao i kod dolaska broda. 4. U lučkom carinskom (clearance) uredu moraju se predočiti (produce) četiri primjerka

opće deklaracije, svjedodžba o registraciji broda/upisu, svjedodžba o teretnim linijama, svjedodžba o sigurnosnoj opremi, svjedodžba o sigurnosti putnika (samo za putničke brodove), radio­svjedodžba, izlazni manifest tereta, popis posade, popis putnika.

5. Brod koji je pretrpio (sustain) havariju (damage) uslijed (through) sudara, nasukanja itd., mora se (prije polaska) podvrgnuti ponovnom pregledu (submit to survey) radi utvrđivanja sposobnosti broda za plovidbu.

6. Kada se ispune (complete with) svi gornji zahtjevi, brodu će se nakon placanja svih lučkih taksa itd., izdati lučka dozvola za isplovljenje (Outward Clearance Certificate) na blagajni lučke carinarnice (Port Dues Cashier's Office), koja je smještena odmah do carinskog ureda za dozvole uplovljenja/isplovljenja (Customs Clearance).

7. Premda brod nije ispunjavao sve uvjete dobio je dozvolu za isplovljenje (clearance outwards).

8. Iako je agent platio sve pristojbe (dues) na vrijeme, morali smo čekati cijeli dan da isplovimo.

9. Bez obzira na vrst tereta, carinski službenik je tražio da pogleda Svjedodžbu o sigurnosti.

10. Usprkos potpunih podataka navedenih u pomorskoj knjižici našeg mazača, morali smo čekati potvrdu od konzulata.

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UNIT 18

PORT OF BAKAR ­ SHIPMASTER's REPORT

(from Lloyd's Ports of the World)

Approaches: Entry to Rijeka Bay is made between mainland (Istra) and the island of Cres. A small ferry runs between the two from the landing stage just north of Rt Prstenice and another connects with Rijeka. A very conspicuous, red and white horizontal striped 700 ft high chimney is situated about 1.5 miles west of Bakarski Zaliv and makes a good steering guide for the run across, as the actual entrance is difficult to pick out because it is very narrow and blending in with the hills behind.

Anchorage: Initially we were ordered by Port Authorities to anchor 1 mile S.W. of the chimney, but later requested to move closer to Rijeka for convenience in servicing vessel. Second anchorage 1.5 miles south of main breakwater. Depth of water both places 32 fathoms and we used 10 shackles cable on port anchor. Bottom is glutinous mud and despite force 8, gusting 9 winds, we held our position although many cargo ships dragged quite alarmingly. The normal winds for this time of the year are the "bora" (November), a cold, strong NE wind which funnels down the mountains and can develop suddenly to gale force. We had unusually strong and prevalent SE winds during 10 days at anchor.

Communications: Pilot station listens on VHF channel 16 and works channel 8. Rijeka Radio was very easily contacted on VHF and proved of great help in connecting with Agents, Owners and Charterers. Coastal Radio service not quite as good for contact on W/T as does not seem to follow the times for listening as laid down. R/T proved difficult as well due to his frequencies being same as other main radio stations.

Port officials: Agent and boarding party boarded morning after arrival and cleared the ship with very little difficulty, only normal representation required. Shore passes, made out by Agent, sent on board later same day. Permission to immobilise engines and lower lifeboats given by Harbour Master on arrival although this later cancelled due to the approach of storm after 24 hours.

Shore Leave: It is possible to arrange for shore launches while at anchor but the service can be curtailed due to bad weather and in winter could result in crew being stranded ashore. Last boat from the shore being 22:00 hours. At the berth, no restrictions on shore leave exists and there is an excellent bus service to Rijeka from the village of Bakar.

Fresh Water: At anchor, limited water is available by tug but very expensive. On the berth, good quality of water is readily available in any quantity required.

Bunkers: Both intermediate and diesel oil available by barge, price unknown, but thought to be above average. Large quantities also now available.

Stores: Storing poses a problem due to several points, i.e. narrow and congested access road, conveyor belts and crane rails close to the quay wall. For large pieces of spares and machinery pontoons and floating crane service available.

Crew Changes: Personnel were routed via Zagreb (although it is possible to send people through Triest which is a bit nearer). On arrival at Rijeka they have to see

146

Immigration and are issued with shore passes. Wives and children should be entered on a passenger list and not included on the crew list as they get a special pass for 90 days entry.

Cargo Handling: Berth has been extended and depth alongside increased to allow vessels drawing 17.5 m to safely lie alongside. Cargo is handled by three grabs. Discharge rate on this call was averaging 30.000 t.p.d. with the major share being done by the large grab which is at the western end of the wharf. Cargo is either being taken directly away by ore trains or dumped onto back of wharf (if iron ore), or (if coke) is taken direct to a cooking factory on the other side of the bay. Storage or dumping facilities are very limited and this has a controlling effect on the discharge. Stevedores were good and co­operation was good.

Repairs: Besides the "3.Maj" shipyard there are quite a few smaller yards and workshops where repairs can be arranged.

Medical: There is a specific clinic for seamen which opens at 12.00 hrs. In attendance at that time is a general doctor who refers patients to the different specialists and usually entails a visit next day to see those people.

Customs Allowance: On arrival, each man allowed 200 cigarettes and 1.5 litre wine/spirits during stay. Customs would allow an issue every 5 days of 200 cigarettes per man and 8 bottles of spirits for the ship.

QUESTIONS

1. Who is the writer of the report? 2. What is the purpose of such reports? 3. What particulars are included in the report? 4. What is the name of the publication where such reports are published? 5. How is the approach to the port of Rijeka made? 6. Describe the characteristics of the port for anchorage. 7. How is the communication with shore established? 8. Who constitutes the boarding party? 9. How is shore leave obtained? Why was shore leave cancelled later? 10. How are fresh water, bunkers, and stores obtained? 11. What is the procedure required for the crew changes? 12. Describe the cargo handling facilities and rates of the bulk cargo terminal at

Bakar. 13. Where are repairs done? 14. How is medical assistance rendered? 15. How many cigarettes and what quantity of wine or spirits are seamen allowed by

the Custom Authorities?

EXERCISES

I COMPREHENSION AND VOCABULARY

147

1. Give the appropriate headlines for the following information on port. Consult the text above:

1. Nearest shipyard and dry­dock 26 miles across the Bay. Only smaller works carried out afloat.

2. Berthing charges and dues are payable by all vessels occupying berths operated by the Port Authority. Exempted are pleasure craft, tugs and safety boats. Cargo rates payable on all the goods loaded and unloaded from vessels in the harbour.

3. General Manager ..., Harbour Master ..., Director, Terminal Operations ..., Port Engineer ..., Operational Manager ..., Ship reporting agency ..., Lloyd's Agent ... .

4. All grades available ex nine deep water wharves in a 24­hour service. 5. Large vessels can anchor safely in the roads or outside Ulsnes Point, where

there is also a Quarantine anchorage. 6. The harbour and road are always free from ice. Three entrances with at least 20

fms depth. The northern entrance is widest and best. 7. Tugs up to 2,300 hp available. 8. Porto Marghera, backed by warehouses with storage capacity of 1,1 million

cu.m, has 4l cranes ranging from 3 to 20 tons, mobile cranes up to 15 tons. Two gantry cranes for soyabean mea1, one gantry for containers, 35 tons.

9. Commercial Dock, where vessels drawing 25 ft can enter. Quai de France, largest vessels afloat received. Querqueville petroleum harbour equipped with a pipeline can accommodate steamers 29 ft draft at any state of the tide.

10. Every vessel shall have on board a radiotelephone that is capable of operating in International Maritime Mobile VHF Radio communications Service within 156­174 MHz Band on such a channel as may be specified by the Port Master.

1l. Crew is allowed: spirits ­ not exceeding 1/4 litre, wine ­ one litre; tobacco ­ not exceeding 60 grams in weight or 15 cigars or 50 cigarettes in opened packages.

2. Supply the missing verbs (BE AVAILABLE, MAINTAIN, BE MET, PROVIDE, BE EQUIPPED, MAKE)

Towage in the Port of Boston. Tugs and towboats up to 4,300 hp at Boston for towing, docking, undocking and shifting. Tugs radio communication on VHF­FM channel 10 (156.50 MHz). Inbound vessels in the vicinity of Anchorage areas 1 or 2. Arrangements in advance through ships' agents.

Tank barges and self­propelled tank vessels cargo­carrying capacities' up to 46,000 barrels. These ships are used for deliveries of bunker fuels to vessels at berth/anchorage.

II GRAMMAR

1. Cause I. Consider the following sentences:

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(1) Permission to immobilise engines and lower lifeboats later cancelled due to the approach of storm.

(1a) Permission ... cancelled because of the approach of storm. (1b) Permission cancelled owing to the approach of storm. (1c) Permission cancelled on account of the approaching storm. (1d) Permission cancelled in consequence of the approaching storm. (1e) Permission cancelled as a result or the approaching storm.

Rephrase the following sentences by using one of the above underlined phrases expressing cause or reason:

1. R/T proved difficult because of same frequencies as other main stations. 2. Services are curtailed due to bad weather. 3. Storing poses a problem on account of a number of factors. 4. Discharge was stopped due to the approaching rain.

2. Cause II. The above sentences can be enlarged into full verb clauses of cause or reason, cf.:

(1f) Permission cancelled because the weather report predicted a strong storm.

Compare also other sentences of this type:

2. The chimney makes a good steering guide for the run across, as the entrance is difficult to pick out.

3. Wives and children are not included in the crew list since they get a special pass for 90 days entry.

Connect the sentences below by using the conjunctions AS, SINCE, and BECAUSE and full verb clauses of reason or cause:

1. The ship's agent did not produce the necessary documents. Outward clearance was not granted.

2. The depth of the sea alongside berth was insufficient. The big bulk carrier could not be accommodated.

3. No heavy fuel was available. We had to proceed to the next port. 4. All the documents were satisfactory. The clearance was issued immediately. 5. The contact with the harbour radio was not good. The coastal station did not

follow the listening time.

III TRANSLATION

1. Translate the following sentences into English using the conjunctions or phrases introducing cause or reason:

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1. Budući da agent nije prezentirao sve dokumente, brod nije dobio odmah dozvolu za uplovljenje.

2. Uslijed lošeg vremena brod je zakasnio u dolasku. 3. Brod nije mogao uploviti zbog oseke. 4. Zbog kiše morali smo prekinuti iskrcaj tereta. 5. Budući da nismo imali ažurirane karte (updated charts), zatražili smo obavijesti

od pilotske stanice i lučke kontrole.

2. Translate into English: (compare the reading text):

Lučki kapaciteti (facilities) i usluge (luka Calais):

1. Sidrište na prilazu (roads) ­ dno drži dobro (pijesak i šljunak); dubine variraju od 10 do 20 m. Zaštićena od vjetrova iz SE i WSW.

2. Prihvat brodova: Ustava (lock) koja vodi u ovaj dok široka je 17 m, pa je ulaz dozvoljen za brodove do 16 m širine.

3. Plimni režim (duration): brodovi duži od 110 m mogu ući u luku samo 1 1/2 sata prije ili 1 sat poslije visoke vode/plime.

4. Skladišta: U vanjskoj luci uz obalu ima 6.400 m 2 skladišta ­ djelomice za robu pod carinskom kontrolom. Također postoje i otvorene skladišne površine.

5. Rukovanje teretom: kontejneri i ro­ro: dvije mosne dizalice od 40 tona na trajektnom terminalu u vanjskoj luci. Na dokovima prekrcavaju se kontejneri do 24 tone. Ro­ro terminal ima tri ro­ro veza sa skladištem od 4.000 m 2 .

6. Snabdijevanje gorivom i vodom: gorivo i voda mogu se dobiti uz prethodnu obavijest (notice) od 24 sata unaprijed.

7. Peljarenje: obavezno preko 150 nrt; pilotski čamac čeka kod plutače CA 6 radi ukrcaja pilota na brod, pilot koristi kanal 6 VHF.

8. Radno vrijeme: 08.00 ­ 12.00, 14.00 ­ 18.00 od ponedjeljka do subote. Rad u smjenama: 06.00 ­ 14.00, 14.00 ­ 22.00. Ne radi se nedjeljom i praznicima.

9. Pristojbe i takse: lučke pristojbe, upotreba veza, pristojbe za svjetla. 10. Službene osobe/nadležni: lučki kapetan, Gospodarska komora, zdravstvena

agencija, direktor luke, brodska agencija, ….

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UNIT NINETEEN

VESSEL ACCIDENTS

In port and at sea the vessel, her cargo, crew and passengers are subject to a variety of dangers. Marine insurance undertakes to indemnify the company against damage to or loss of vessel or cargo and collision with other vessels. For protection against accidents and losses not covered by marine insurance shipowners carry insurance with Protection and Indemnity Societies, known as P&I (sometimes called “Clubs”) ­

This type of insurance covers:

Loss of life Injury to crew members and others; Hospitalization of crewmembers in foreign ports; Expenses incurred in repatriating crew members who have been hospitalized in foreign ports; Repatriation of crew members of stranded or lost vessel; Loss or damage to cargo; Liabilities for damage to docks, cables (submerged or other), shore installations, navigation aids, bridges and other fixed or movable properties, damage to property of any kind caused by excessive speed in harbor; Certain types of fines and pena1ties, and practically all risks not covered by marine insurance companies.

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Marine insurance companies and P&I, known as underwriters, indemnify the shipowner only for damage and losses specified in the policy after the shipowner proves that such damage or loss has occurred. This is determined by surveys, entries in the log, reports and statements submitted by the master.

Making up proper reports and statements and getting statements from witnesses in case of accident or casualty to the vessel or cargo or injury to a person, serves an important purpose in the protection of your company's interests. This is time­consuming labor, but it is a necessary evil, and one which cannot be avoided. Therefore, all reports and statements should be completed with the least possible delay. All reports and statements should be clear, neat and legible.

Logbook Entries. In each case of accident or loss, or of fire on board, collision or grounding, detailed entries should be made in the official log. In certain types of accidents, such as collision and grounding, it is a good idea to make rough notes on a pad and enter them in the log in proper sequence. If in doubt about whether to make an entry or not, a safe rule is to enter it in the log, but only after it has been roughed out. Do not trust anything to memory. Write it down as soon as possible after the occurrence, while it is still fresh in mind.

The Reports and Statements. Your company may want reports on special forms, on all accidents, even those which do not ordinarily require a comprehensive report or statement.

In cases of injury to a person on the vessel, first aid should be rendered immediately. If in port, and it is thought necessary, a doctor should be called or the injured person should be sent to a hospital. Fill out Injury Reports and enter all details in the medical log, and, if a crew member is involved, in the official log.

Accidents Going or Leaving Drydock. If your ship touches another vessel or craft, an accident report should be made out. Due to the close quarters in some drydocks this type of accident occurs occasionally. If your vessel was using her engine, a copy of the logbook and bellbook covering the time should also be made up. Names of tugs used and their positions around the vessel should be shown on a diagram. The pilot should also make a statement. A similar report is necessary if the vessel strikes any part of the drydock. Statements may also be required from the officer on duty on the bridge and the man at the wheel and the lookout.

Cargo Damage. Cargo damage is a constant problem. Usually, it is the chief officer who must write a statement and make a report giving the reason for the damage. If it was caused by salt water, he should note in the statement that the hatches were properly battened down and the number of tarps used on each. Provided all facts are correct, the statement and report are countersigned by you.

An abstract of the log (six copies) covering the period of the heavy weather should be made up. The weather must necessarily have been extra­ordinarily heavy ­ not the rough weather usually expected on the voyage. The log should show what steps were taken to avoid heavy weather damage and to prevent laboring of the vessel ­ such as slowing down, changing course or ballasting. Such entries in the log will be of assistance to your insurance department in fighting a claim made against your company for damage to cargo. Any repairs to the vessel for damage attributed to the heavy weather on that voyage should be noted in the logbook and in the statement.

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Collision with Another Vesse1. First of all, fill out the required form sending one copy to your insurance department. A number of statements and reports will have to be made. Therefore start taking notes immediately or put an officer on the job. Don't forget to serve notice on the master of the other vessel, that her company will be held responsible for all damage sustained by your vessel. Request the addressee of the letter to acknowledge its receipt. Chances are he will not do this, and he may even refuse to accept the notice. In all probability he will serve you with the same kind of notice. Do not accept or acknowledge it even though you may have hit him amidships on a clear day when his vessel was at anchor! Never admit liabillity or that your vessel was at fault. Leave that to your company insurance department if they think it necessary. Don't give out any information and don't allow anyone, with the exception of the authorities' officials, to examine the logbooks or bellbooks.

Note in your logbook and in your statement:

(a) That you made certain as to whether anyone was injured on either vessel. (b) Whether the other vessel was in need of assistance. (Remember that if you can with

safety you must stand by her until she is reported out of danger). (c) That you had bilge soundings taken hourly or oftener, as thought necessary. (d) The extent of damage to your vessel as far as known. (e) The names of witnesses­men who were on deck at the time.

QUESTIONS

1. What does marine insurance indemnify the company against? 2. What is covered by the Protection and Indemnity Clubs? 3. Explain the terms “hospitalization” and “repatriation”. 4. How does the Owner prove that the damage or loss has occurred? 5. Who makes use of your reports or statements on the accidents, injuries, etc.? 6. What information should be entered in the logbook? 7. What should you do in case of an injury to a person on board? 8. Why are accidents on going or leaving drydock or docks in general so frequent? 9. What is the procedure followed in case of cargo damage? 10. What should you do as master in such a case? 11. What information on the weather during the accident should be entered in the log? 12. Describe the procedures involved in reporting and recording the collision with

another vessel. 13. Why should you not admit any liability or a fault? Who is supposed to deal with it? 14. What are the most important particulars to be noted in the ship's logbook or in the

master's statement?

EXERCISES

I COMPREHENSION AND VOCABULARY

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1. Give the words or phrases referring to the definitions below:

1) Company that indemnifies the Owner against damage to or loss of a vessel or cargo; ( )

2. Societies covering the risks of loss of life, striking docks or shore installations, expatriation expenses, hospitalization of crew, etc. ( )

3. Book where the important details of the voyage are entered every day; ( ) 4. Ladder for boarding a ship; ( ) 5. Putting into a port of refuge, i.e. a port other than those provided in the C/P or

voyage schedule; ( ) 6. Persons or company engaged in stowing cargo in the ship's holds; ( ) 7. Pieces of canvas for covering the hatches, etc.; ( ) 8. Space in the ship where water, oil and moisture are drained; ( ) 9. Expenses incurred by the Shipowner in connection with running the ship under

a C/P or other contract; ( ) 10. The act of throwing cargo and stores overboard in order to save the vesse1;

( )

2. Complete the letter below with the appropriate prepositional phrases (in brackets) and state what the Master's intention is: (AT THE SAME TIME, AT A LATER DATE, IN REPLY, HEREWITH, IN CONNECTION WITH)

Repudiating responsibility in the collision

Dear Sirs,

to your letter dated 16.02.1986. the collision between my vessel and your vessel off Hull, I repudiate all responsibility for the above collision and all the consequences arising therefrom.

I hold you responsible for all damages caused to my vessel and for all the relative consequences. I reserve my Owner's right to revert to this matter .

Faithfully yours, Master, MV NUTCRACKER

II GRAMMAR

1. Supply the missing form of the verb in brackets: (ADVISE, ARISE, CAUSE, GET IN TOUCH, OCCUR, PROTECT)

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1. Disputes in the sea trade as a result of the infringement of the contract of carriage, maritime regulations, and laws or as a consequence of accidents which at sea or in ports.

2. The accidents by the action of natural elements (wind, sea, current) or by maritime perils (accidents such as collisions, striking docks, fire, explosion, stranding, engine breakdown, etc.)

3. Exoneration clause the Owners from certain risks such as errors in navigation and in the management of ships.

4. As soon as an accident , the Master should the P&I Club's representative in the port and supply him with the necessary information and documents. At the same time he must with the ship agent and the Owner.

2. Supply the missing prepositions (Fire Report):

MV ANA LUISA (Santos Hamburg) presently berthed port Recife, reports fire hold sisal (Lloyd's Agents). ANA LUISA sailed Salvador 2315, May 10, Fortaleza her voyage North Europe. Vessel loaded this port general cargo and 1600, May 11, fire was discovered No. 5 hold, apparently started sisal cargo. Initially crew used water and subsequently carbon dioxide. As fire continued, vessel was diverted Recife, arriving 0543 May 12 and berthing 0700 same day. Assistance fire brigade was provided and fire was finally extinguished 1110 today. The hold is totally flooded and discharge all cargo starting now.

3. Cause III. Cause is also expressed by words (verbs, nouns) denoting cause or reason:

1) The officer must write a statement and make a report giving the reason for the damage.

2) The damage was caused by salt water. 3) The true cause of the damage was the inadequate stowage of cargo. 4) A large proportion of cargo claims arise from lack of or improper dunnage. 5) For this reason each accident report must be supported by extracts from the

logbook. 6) The statement of the officer gave rise to large disputes. Rephrase the sentences below following the above examples from (l) to (6) where applicable:

1. Fire in the engine room was caused by careless welding. 2. The fire occurred through the careless handling of the pumps. 3. The true cause of the damage is still unknown.

III TRANSLATION

Translate the following questions into English (to be answered and completed in drawing up an Accident Report): 1. Koliki je bio gaz broda na pramcu i na krmi?

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2. Koje su pomorske karte bile korištene (naziv, broj, datum i izdavač)? Dan zadnje korekcije prije nezgode?

3. Koliko je kompasa bilo na brodu? Da li su bili ispravni? (in good order)? Žiro­ kompas? Magnetski kompas?

4. Je li vrsta tereta mogla djelovati na (affect) kompas? 5. Je li oprema za spašavanje na brodu bila u skladu sa zakonskkim propisima (statutory

requirements)? 6. Koliki je bio broj vodonepropusnih predjela (compartment)? Da li su se pokazali

(prove) korisnim u slučaju ove nezgode? 7. Da li su sredstva i oprema za gašenje (fire appliances) na brodu bili u skladu sa

zakonskim propisima? 8. Koja se količina tereta/balasta prevozila? Koja vrsta tereta? Gdje se nalazio (carry)? 9. Je li brod imao tereta na palubi? 10. Je li brod bio prekrcan? (overladen)? 11. Je li teret bio pravilno složen? 12. Da li su skladišta bila ventilirana? 13. Kakvo je bilo vrijeme prilikom nezgode? 14. Koja su navigacijska pomagala i sredstva bila na brodu, i koja su se koristila prije

nezgode? 15. Koji je bio kurs naseg broda (own ship)? Kada je drugi brod bio primijećen prvi put

(observe)? 16. Koja je bila brzina našeg broda? 17. U kojem se smjeru (azimutu) nalazio drugi brod? 18. Kakvi su bili radarska udaljenost i azimut drugog broda? 19. Broj svjetala drugog broda i vrsta? 20. Koji je bio kurs drugog broda kad je primijećen? 21. Da li su motori bili usporeni ili zaustavljeni? 22. Koja je bila brzina našeg broda kada je došlo do sudara? 23. Da li su svijetlila (show) propisna svjetla, i da li su dati propisni signali za maglu? 24. Je li drugi brod dao svoje ime i ostao u blizini (stand by) radi pomoći poslije sudara? 25. Da li se glavni stroj pokvario (break down) prije potonuća? 26. Da li se prije potonuća (foundering) pokvario kormilarski uređaj? 27. Da li su se pokvarile ili nisu radile (become inoperative) brodske pumpe? 28. Kada je došlo do puštanja broda (spring a leak)? 29. Kada je brod počeo krcati vodu, (ship water)? 30. Koji je kurs imao brod prije potonuća? 31. Koje su mjere bile poduzete da se spriječi nesreća?

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LESSON TWENTY

MARINE INSURANCE

Insurance is a means of protection against loss, whereby the cost of the loss, which would otherwise fall upon the owners, is taken over by the insurer.

The document embodying the contract of insurance is called a policy. An Insurance Policy is a written contract whereby the insurer (an insurance company), on the basis of an agreed payment termed the premium, undertakes to make good to the insured, any loss or damage to the property specified therein. The document is signed by the insurer only.

Marine Insurance is the insurance of interests (property and earnings) that may be imperilled in a maritime adventure. Goods are as a rule insured against various risks from the moment they leave the suppliers' storehouses until they enter the storehouses of the consignees.

Ships also are insured the moment they start being built up to the moment when they are put out of commission.

Risk covered by Marine Insurance 1.) Total loss: a loss that makes the property valueless to the insured. Total loss may be:

a) actual total loss, where the subject­matter insured is destroyed or so damaged as to cease to be a thing of the kind insured. Examples: a vessel posted “as missing” or hides so damaged as to become putrid and therefore valueless as hides;

b) constructive total loss occurs when the subject­matter insured is reasonably abandoned on account of its total loss appearing to be unavoidable, or because it could not be preserved from actual loss without an expenditure which would exceed its value when preserved.

2.) Particular average ­ a loss less than total to cargo or ship ­ signifies damages or a partial loss sustained by ship, goods or freight through some accidental cause. Such damage occurs, for instance, if crated bicycles are corroded by sea water or if tobacco becomes soaked with sea water. 3.) General average consists of a voluntary sacrifice or of extraordinary expenses, for the common safety of the adventure.

Claims

When a loss occurs, the insured must notify the insurers and take steps to save as much as possible of the objects insured. Moreover, the insured must call in a surveyor to examine the damaged goods and issue a survey report, stating the cause and extent of the damage, usually in percentages.

At the same time the insured sends formal notice of the damage (a letter of protest) to the Owner in order to reserve for himself or his underwriters the right to sue him for the damage.

If the loss is recoverable under his policy, the insured files a note of claim against the insurer supported by the following principal documents: ­ A copy of the Insurance Policy (to prove that the goods were insured)

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­ A copy of the Bill of Lading (to prove that the goods were shipped) ­ A copy of the Survey Report (to prove that the goods were damaged) ­ The letter of protest sent to the owner (to prove that he has reserved for himself and

the insurer the right to sue the carrier) ­ The invoice ­ A claim release and discharge.

QUESTIONS

1. What is the Insurance Policy? 2. What is insured in marine insurance? 3. What period does the insurance of goods in transport cover? 4. How long are ships generally insured? 5. What are the risks covered by marine insurance? 6. Give some examples of “actual total loss”. 7. When does the “constructive total loss” occur? 8. What are the losses referred to as Particular Average? 9. What does General Average consist of? 10. Explain the procedure following a loss, i.e. an accident at sea? The duties of the

insured and the insurer. 11. What are the documents to be presented along with a claim against the insurer?

EXERCISES

I COMPREHENSION AND VOCABULARY

1. Fill in the blank spaces with the words from the list below: (PREMIUM, ACTUAL TOTAL LOSS, UNDERWRITERS, BROKER, LLOYD'S, PERILS, POLICY, INSURER, INSURANCE )

1. The most famous insurance market in the world, of London, has many aspects. It is a society of , a corporation, a world center of marine intelligence, and a specialist publishing house for maritime and legal affairs.

2. In general practice the insured does not deal directly with the underwriters, but negotiates through an insurance .

3. When the subject­matter of is destroyed or so damaged that it cannot be considered a thing of the kind insured, such a loss is defined as .

4. The insured pays a sum of money to the underwriter known as . 5. Maritime include fire, war, capture, jettison, barratry, etc. 6. The party that undertakes to indemnify the insured under an insurance policy is

called the or . 7. The Insurance is a written document of contract where the underwriter

undertakes to indemnify the insured for the loss or damage up to a certain limit.

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2. State which of the following terms in brackets are defined below: (ACTUAL TOTAL LOSS, CARGO OUTTURN REPORT, PARTICULAR AVERAGE, INSURANCE BROKER, GENERAL AVERAGE, MARITIME PERILS, CONSTRUCTIVE TOTAL LOSS, UNDERWRITER, POLICY )

1. A right claimed by the assured for the property lost, where recovery is unlikely: .

2. One who agrees to compensate another person for loss from an insured peril in consideration of payment of a premium: .

3. Kind of risk where the property has been completely destroyed, a missing ship for example: .

4. A contract of insurance: . 5. A hazard or risk at sea: . 6. An accidental loss to the ship or cargo or freight: . 7. A voluntary sacrifice or extraordinary expenses for the common safety of a

maritime adventure: . 8. Report of the quantity of cargo discharged from a ship: . 9. An intermediary who negotiates insurance contracts with the underwriters on

behalf of the shipowner, i.e. the assured: .

3. Supply the missing word from the list below: (SHIPMENT, PRINCIPAL, COMMENTS, BILL OF LADING, DELIVERY, DAMAGE )

LETTER of the Receivers (Forwarders) to the Ship Agent concerning loss of and damage to cargo:

Re: bags .........., B/L .......... Ex MV …………. from …………, dated ………. .

On taking of the above mentioned the following remarks were made: “112 bags torn, stained, slack, part of contents missing”.

For this shipment we possess a clean and on behalf of our we must hold you responsible for this and shortage.

While awaiting your we remain,

Yours truly, ........... (International Forwarders)

II GRAMMAR

1. Supply the right form of the verb in the order of appearance: BE, TAKE, SEE, BREAK, BE, BE, PUT, DAMAGE, DO, ESTIMATE, DESTROY, INCLUDE, BE, ARRANGE

MASTER: Ah! Good morning, Agent. I glad to see you. a seat.

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AGENT: What is it you wanted to me about? MASTER: You are aware of a small fire which out while you were away,

you? AGENT: Yes, I am. What the cause of the fire? MASTER: A short circuit in the electrical wiring. The fire under control

immediately but a certain number of packages or destroyed by the fire and heat.

AGENT: you expect great losses? MASTER: The losses are at $ 13,000. Here is the list of what was

damaged or . As eventual loss in the Insurance Policy, I most grateful if you will for the insurers to visit our ship as soon as possible.

2. Supply the missing prepositions and conjunctions (kind of the latter indicated in brackets):

AGENT: Who underwrote the Policy? Lloyd's wasn't it? MASTER: Yes, we're insured Lloyd's underwriters. Please make

the necessary arrangements a quick settlement our insurance claim (result) we could leave delay.

AGENT: course, Master, I'll go out (purpose) get in touch the underwriters and shall try to arrange that visit.

MASTER: The telephone is at the gangway. AGENT: Well, Master, I have spoken the underwriters. They

seem willing pay damages (contrast, restriction) first they will have an adjuster visit your ship (purpose) carry out an inspection and estimate the value the damaged or destroyed goods. As you know, the underwriters employ a firm adjusters (relative) job is to assess the loss or damage.

MASTER: When is the adjuster likely to arrive? AGENT: Late the afternoon, I think. MASTER: I would like you to be here (time) the adjuster comes. AGENT: I'll do my best to be time. I hope I'll manage it.

Unfortunately, I have another insurance claim to deal .

III TRANSLATION

1. Partikularna havarija je gubitak nastao iz sasvim slučajnih razloga (accidental), kao što su nasukanje, požar, sudar, itd.

2. U partikularnoj havariji gubitak snosi (bear) vlasnik oštećene imovine (property), npr. broda ili tereta.

3. Partikularna havarija stoga predstavlja slučajan gubitak, koji se tiče (concern) samo vlasnika oštećene imovine.

4. Generalna havarija je gubitak koji je nastao (incur) namjerno ili dobrovoljno u vrijeme ugrožene (peri1) sigurnosti pomorskog pothvata (adventure).

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5. U generalnoj havariji učestvuju brod, teret i vozarina. 6. Kada se u slučaju generalne havarije iskrcaj završi, primalac sastavlja (draw up)

Izvještaj o iskrcanom teretu (Outturn Report). 7. Izvještaj o iskrcanom teretu pokazuje (show) količinu iskrcane robe i njeno stanje.

Sastavlja se na osnovi brojačkih listića. 8. Ako izvještaj potpisuje zapovjednik ili Prvi časnik palube bez primjedaba

(qualification), on može služiti (stand) umjesto zajedničkog pregleda (joint survey). 9. Kada primalac podnosi unaprijed zahtjev/reklamaciju (lodge a claim) on najčešće

unaprijed zna da brod neće prihvatiti nikakvu odgovornost (liability). 10. Brod mora dokazati (prove) osiguratelju da se ne snosi odgovornost za štetu ili

gubitak (be liable for).

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UNIT TWENTY ­ ONE

GENERAL AVERARE AND THE YORK­ANTWERP RULES

The origin of the word “Average" is lost in the mists of time. Various theories

have been put forward to explain its derivation, but in general, under the law and practice

of all maritime nations, it may be taken to mean material damage or pecuniary loss

suffered in the course of maritime adventure.

The terms Particular and General denote the character of the loss. Broadly speaking, they are defined as follows:

Particular Average is a partial loss General Average is a partial loss 1. due to purely accidental causes. e.g.,

stranding, fire, collisions etc.; 1. voluntarily and reasonably incurred

in time of peril for the safety of the joint adventure;

2. which is borne by the owners of the property damaged, e.g., ship or cargo, as the case may be.

2. which is contributed to by the owners of all property saved, e.g., ship, freight and cargo.

Particular Average, then, is an accidental loss which concerns only the owner of the property damaged and, if the cause of the damage is an insured peril, his underwriters.

General Average, on the other hand, is the result of a voluntary act, and the loss is subject to contribution by the owners of all the property saved by the General Average act. These interests are usually the ship, the freight, and the cargo respectively. The liability to contribute to General Average arises primarily out of the carriage of goods by sea. Examples of General Average Sacrifices and Expenditure:

It will be noted according to sub­section (1) of the Act, a General Average loss may be in the nature of a sacrifice or an expenditure. The following are examples of sacrifices and expenditure which may be admitted in General Average under English law and practice:

SACRIFICES

I. Cargo and Freight

Loss due to the following causes is admissible in General Average: 1. Jettison from underdeck. 2. Jettison from on deck. 3. Water or other means used to extinguish a fire on board ship.

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4. Discharge and re­shipment for the purpose of floating a stranded ship when in a position of peril.

II. Ship's Materials

5. Masts, spars, sails or rigging cut away for the common safety. 6. Chains and anchors slipped to avert a threatening peril. 7. Damage to a vessel's machinery, ropes, winches, windlass and other gear

sustained in endeavours to float a stranded ship when in a position of peril. 8. Damage done in the efforts to extinguish a fire on board or in the process of

jettisoning cargo.

EXPENDITURE

9. Expenses incurred in floating a stranded ship in peril. 10. Inward expenses entering a port of refuge to repair damage to ship. 11. Cost of discharging cargo at a port of refuge for the purpose of repairing

damage to ship. 12. Cost of warehousing, re­shipment of cargo and outward expenses leaving the

port of refuge.

The York­Antwerp Rules, 1974.

The first steps towards international agreement on General Average were taken in 1860, and the first edition of the Rules, known as the York Rules, was drawn up in 1864. As a result of subsequent international conferences, the York Rules were extended and become the York­Antwerp Rules. The Rules were revised by subsequent conference in 1890, 1924 and 1949 and the present version, known as the York­Antwerp Rules 1974, was approved at a conference of the Committé‚ Maritime International held in Hamburg in March 1974.

YORK­ANTWERP RULES (Extracts)

RULE A. There is a general average act when, and only when, any extraordinary sacrifice, or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.

RULE I. ­ Jettison of Cargo No jettison of cargo shall be made good as general average, unless such cargo is carried in accordance with the recognised custom of the trade.

RULE II. ­ Extinguishing Fire on Shipboard Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching of scuttling a burning ship, in extinguishing a fire on board the

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ship, shall be made good as general average: except that no compensation shall be made for damage by smoke or heat however caused.

RULE III. ­ Voluntary Stranding When a ship is intentionally run on shore for the common safety, whether or not she might have been driven on shore, the consequent loss or damage shall be allowed as general average.

RULE IV. ­ Salvage Remuneration Expenditure incurred by the parties to the adventure on account of salvage, whether under contract or otherwise, shall be allowed in general average to the extent that the salvage operations were undertaken for the purpose of preserving from peril the property involved in the common maritime adventure

RULE V. ­ Damage to Machinery and Boilers Damage caused to any machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to re­float, shall be allowed in general average when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage: but where a ship is afloat no loss or damage caused by working the propelling machinery and boilers shall in any circumstances be made good as general average.

QUESTIONS

1. What is the generally accepted meaning of the term "average"? 2. What kind of losses are accepted as particular average as compared with those

accepted as general average? 3. Whom does particular average concern? 4. What are the two adjectives by which P/A and G/A can be differed essentially? 5. What is the nature of loss in general average (twofold)? 6. Give some of the examples of the sacrifice accepted as general average? 7. What are the expenditures covered by general average? 8. Give a short account of the history of the York­Antwerp rules? 9. Reinterpret Rule A of the York­Antwerp rules. State the main conditions for

declaring general average. 10. When can jettison of cargo be allowed in general average? (Rule I) 11. Is fire admitted as general average? What losses caused by fire can, however, be

admitted as general average? (Rule II) 12. What is understood by "voluntary stranding"? (Rule III) 13. To which extent is salvage remuneration allowed by general average? (Rule IV) 14. When is the damage caused to machinery and boilers allowed in general average

and when not? (Rule V)

I COMPREHENSION AND VOCABULARY

1. Decide which of the following statements (a. or b.) are true:

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The losses, damages or expenses shall be allowed as general average:

1. (a) if they are a direct consequence of the general average (b) if they occurred through delay on the voyage later on

2. (a) when there is an accidental damage or loss, such as fire (b) if the damage is the result of an Intentional act of sacrifice

3. (a) if the cargo was damaged by fire (b) if the cargo was damaged by actions taken to extinguish fire, or with smoke

4. (a) in the case of a voluntary stranding, i.e. if the vessel took the ground (b) in the case of stranding or accidental grounding

5. (a) if the machinery … was damaged in an attempt to re­float a stranded ship, or a ship lying on a sandy ground

(b) if the machinery … was damaged by overrunning the engines while the ship was afloat, in standing boisterous weather

6. (a) in the case of discharging the cargo in the port of refuge for repair purposes (b) in the case of handling or discharging the cargo for the purpose of stowing the

cargo which shifted during the voyage.

2. Fill in the missing word listed below: (CENERAL AVERAGE, LOSS, SHIPMENT, AGENT, KNOWLEDGE )

Damage or caused to goods loaded without the of the Shipowner or his , wilfully misdescribed, undeclared or wrongfully declared on the occasion of the shall not be allowed as , but such goods shall remain liable to contribute, if saved.

3. Give the terms corresponding to each of the below:

1. An agreement signed by all the parties in the maritime adventure acknowledging their ability to pay a share of the loss under G.A.:

2. A person who computes the contributions due from various interests when making good a G.A. loss:

3. The values of property saved by a general salvage act on which the contribution by each interest to the loss calculated:

4. Expenditure incurred by the shipowner in connection with a G.A. act or an act of Salvage:

4. Provide the blank spaces with the appropriate term listed below: (PARTIES, LOSSES, CONTRIBUTION, PROPERTY, VALUE, TERMINATION, ADJUSTEMENT, BALANCE)

Upon the of the adventure the admissible in general average are assessed and apportioned over the net arrived values of the saved plus the of the sacrificed property which has been admitted in general average. The loss admitted in general average for the account of each of the to the adventure is compared with the due for him,

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and a , either to be paid or to receive is arrived at. This, then, is the process of general average .

II. GRAMMAR

1. Supply the missing preposition:

the laws all maritime nations a shipowner has a right hold the cargo destination until the owner it has paid his contribution in general average, or the net balance due from him the adjustment.

This was the system the olden days. Then it became usual to entrust these calculations an independent person, i.e. an average adjuster. The shipowner's right to hold the cargo was met the provision an alternative security, either ,the form a deposit or a form undertaking. Nowadays G.A. security is most usually provided by means Lloyd's form Average Bond. This is an agreement signed all the interested parties acknowledging their liability to pay a share the loss general average.

2. Supply the appropriate conjunctions or prepositional phrases as required (meaning given in brackets) (WHICH, IN ORDER TO, BECAUSE OF, WHEREAS, FOR THE PURPOSE OF, DUE TO, THAT)

Declaration of General Average:

M/V "SEA CREST"

(purpose) complete the Sea Protest lodged in the Port of Siracusa, No. 10 on 13th October 19 , I, George Shipper, Master of the M/V "Sea Crest", (relative) had to deviate to the port of Siracusa as port of refuge on account of fire in the engine room on 10th October 19 , and herewith declare

GENERAL AVERAGE

in respect of all the extraordinary expenses and disbursements (relative) have been or may be incurred (reason) deviation, compulsory discharging, warehousing and re­loading of cargo, because of unseaworthiness of the vessel, (purpose) common interest of both the vessel and her cargo, (contrast) the corresponding contribution of the vessel and cargo will be determined subsequently by General Average Adjusters.

I also declare that (reason) heavy nature of the damage, respectively the duration of its recovery, I was compelled to interrupt the commenced voyage No. 5/­ (general cargo loaded at Rijeka for Lagos) and put into the port of Siracusa.

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Master Capt. G. Shipper

3. Reported speech (Statements). Consider the following sentences:

(l) The Master declares that he has to put into the port of refuge that he will have to put into the port of refuge that he had to put into the port of refuge.

(2) The Master declared that he had to put into the port of refuge that he would have to put into the port of refuge that he had had to put into the port of refuge

(la) Zapovjenik izjavljuje da mora skrenuti u luku pribježišta da će morati skrenuti u luku pribježišta da je morao skrenuti u luku pribježišta

(2a) Zapovjednik je izjavio da mora skrenuti u luku pribježišta da će morati skrenuti u luku pribježišta da je morao skrenuti u luku pribježišta

Put the sentences (statements) below into the reported speech following the patterns of example No. (2):

l. The Agent said: "The ship has delay’s in arrival". 2. The Chief Officer explained: "I noted the accident in the log book". 3. The Boatswain claimed: "The cargo has not been secured well". 4. The Average Adjuster added: "Tug assistance will not be admitted under the

general average". 5. The agent maintains: "The fee has always been charged at 2 per cent".

III. TRANSLATION

1. Ako iznos štete nije velik, traži se (require) samo Lloyd's­ov obrazac "Average Bond".

2. Brodarovi gubici i troškovi: ­troškovi popravka na motoru nastali (sustained) zbog operacija odsukanja

(refloating) ­troškovi iskrcaja, skladištenja (storing) u barže i ponovnog ukrcaja (reloading)

tereta, koji je bio iskrcan da bi se olakšao (lighten) brod ­nagrada za spašavanje tegljačima u odsukavanju broda Gubici vlasnika tereta: ­ vrijednost izbačenog tereta radi odsukanja ­ gteta na teretu uslijed (owing to) forsiranog (forced) iskrcaja, slaganja i ponovnog

krcanja 3. Izdaci u generano avariji (see supplement

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­takse za peljarenje ­asistencija tegljača ­lučke takse i pristojbe ­troškovi privezivanja ­zarade i namirnice (provisions) za zapovjednika i brodsku posadu za vrijeme

produženog putovanja zbog kvara na glavnom stroju ­gorivo potrošeno za vrijeme produženog putovanja ­ekstra troškovi privezivača u teglju (linesmen) ­usluge pomorske agencije: pomoć‚ (attendance) u vezi s prijavom generalne

havarije, razmjena kontakata s lučkim vlastima, naručiteljem, slagačkim poduzećem, brodarem, asistencija i usluge tegljača, imenovanje inspektora, priprema računa

­agencijske usluge ­ razno (sundry, miscellaneous): prijevoz posade, telefon (međugradski razgovori ­ long distance calls), teleks, telegrafi, radio­telegrami

­provizija od 2% na izdatke u G.A. ­kamate od 4.5% godišnje na naknade (allowance) i izdatke iz G.A.

4. MB nasukao se (ground) na stjenovito dno, dok je plovio u balastu, na putovanju za Norfolk, pozicija . Dno sprijeda (Forward bottom) između sudarne pregrade i 30. rebra jako oštećeno. Oštećeni kaljužni tankovi, a obližnji (adjacent) tankovi dvodna naplavljeni. Molimo da obavijestite brodara u Hamburgu i da odmah dođete na brod i donesete Lloyds'­ov standardni obrazac No Cure No Pay. Zapovjednik. (napisati u obliku teleksa).

5. Zapovjednik je izjavio (declare) da je odmah prijavio generalnu havariju. 6. Agent je mislio da brod neće stići u luku pribježišta bez pomoći tegljača. 7. Vjerovali smo da brod plovi u zadanom kursu.

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UNIT TWENTY TWO

LLoyd’s STANDARD FORM OF

SALVAGE AGREEMENT (APPROVED AND PUBLISHED BY THE COMMITEE OF LLOYD’S)

NO CURE ­ NO PAY

extracts

On board the .

Dated 19 .

It is hereby agreed between Captain , for and on behalf of the Owners of the “ “ her cargo freight bunkers and stores and for and behalf of (hereinafter called "the Contractor"):

1. (a) The Contractor agrees to use his best endeavours to salve the and/or her cargo bunkers and stores and take them to or other place to be hereafter agreed or if no place is named or agreed to a place of safety. The Contractor further agrees to use his best endeavours to prevent the escape of oil from the vessel while performing the services of salving the subject­vessel and/or her cargo bunkers and stores. The services shall be rendered and accepted as salvage services upon the principle of "no cure ­ no pay" except that where the property being salved is a tanker laden or partly laden with a cargo of oil and without negligence on the part of the Contractor and/or his Servants and/or Agents (1) the services are not successful or (2) are only partially successful (3) the Contractor is prevented from completing the services the Contractor shall nevertheless be awarded solely against the Owners of such tanker his reasonably incurred expenses and an increment not exceeding 15 per cent of such expenses but only if and to the extent that such expenses together with the increment are greater than any amount otherwise recoverable under this Agreement. Within the meaning of the said exception to the principle of "no cure­no pay" expenses shall in addition to actual out of pocket expenses include a fair rate for all tugs craft personnel and other equipment used by the Contractor in the services and oil shall mean crude oil fuel oil heavy diesel oil and lubricating oil.

(b) The Contractor's remuneration shall be fixed by arbitration in London in the manner herein prescribed and any other difference arising out of this Agreement or the operations thereunder shall be referred to arbitration in the same way. In the event of the services referred to in this Agreement or any part of such services having been already rendered at the date of this Agreement by the Contractor to the

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said vessel and/or her cargo bunkers and stores the provisions of this Agreement shall apply to such services.

(c) It is hereby further agreed that the security to be provided to the Committee of Lloyd's the Salved Values the Award and/or Interim Award and Appeal of the Arbitrator and/or Arbitrator(s) on Appeal shall be in currency. If this Clause is not completed then the security to be provided and the Salved Values the Award and/or Interim Award and/or Award on Appeal of the Arbitrator and/or Arbitrator(s) on Appeal shall be Pounds Sterling.

4. The Contractor shall immediately after the termination of the services or sooner in

appropriate cases notify the committee of Lloyd's and where practicable the Owners of

the amount for which he requires security (inclusive of costs expenses and interest).

Unless otherwise agreed by the parties such security shall be given to the Committee

of Lloyd's and security so given shall be in a form approved by the Committee and

shall be given by persons firms or corporation resident in the United Kingdom either

satisfactory to the Committee of Lloyd's or agreed by the Contractor.

5. Pending the completion of the security as aforesaid the Contractor shall have a maritime lien on the property salved for his remuneration. The salved property shall not without the consent in writing of the Contractor be removed from the place (within the terms of Clause 1) to which the property is taken by the Contractor on the completion on the salvage service until security has been given as aforesaid.

8. Any of the following parties may make a claim for arbitration: (1) The Owners of the ship. (2) The Owners of the cargo or any part thereof. (3) The Owners of any freight separately at risk or any part thereof. (4) The Contractor. (5) The Owners the bunkers and/or stores. (6) Any other person who is a party to this Agreement.

16. Notwithstanding anything hereinbefore contained should the operations be only partially successful without any negligence or want of ordinary skill and care on the part of the Contractor his Servants or Agents and any portion of the vessel her appurtenances bunkers stores and cargo be salved by the Contractor he shall be entitled to reasonable remuneration and such reasonable remuneration shall be fixed in case of difference by Arbitration in manner hereinbefore prescribed.

17. The Master or other person signing this Agreement on behalf of the property to be salved enters into this Agreement as Agent for the vessel her cargo freight bunkers and stores and the respective owners thereof and binds each (but not the one for the other or himself personally) to the due performance thereof.

For and on behalf of the Contractor For and behalf of the Owners of property to be salved

QUESTIONS

1. What are the parties to the salvage agreement? 2. Explain the principle No Cure ­ No Pay. 3. What does the Contractor (i.e. the salving vessel) undertake to do in Line (1a)?

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4. When does the principle No Cure ­ No Pay not apply? (1a) 5. What are out­of­pocket expenses? (1a) 6. Where is the contractor's remuneration fixed? (1b) 7. How does this Agreement apply to the services already rendered before the

Agreement? (1b) 8. What must the Contractor notify to the Committee of Lloyd's immediately after

the termination of the salvage services? (Line 4) 9. What is a maritime lien and when is it applied under the Salvage

Agreement? (Line 5) 10. Who or which parties may make a claim for arbitration? (Line 8) 11. Is the Contractor entitled to the remuneration if his services have been only

partially successful? (16) 12. If so, on what condition and to what extent? (16) 13. Whose Agent does the Master become by signing the Salvage Agreement? (17)

I COMPREHENSION AND VOCABULARY

1. State which of the terms in brackets is described by the sentences below: (ARBITRATION, CONTRACTOR, MARITIME LIEN, NO CURE ­ NO PAY, SALVAGE AGREEMENT, SALVAGE AWARD, SECURITY)

1. The principle of pure salvage whereby the salvor who fails in his task receives no reward for his efforts. 2. A document governing the terms and conditions of assistance in saving a ship

or goods from the dangers of the sea. 3. A claim of the master and crew on the vessel for the payment of wages due. 4. The submitting of matters of controversy to judgement by persons selected by

all parties to the dispute. 5. A ship, person or company acting as the salvor in the salvage agreement. 6. A guarantee to cover the costs of salvage and salvage award, given by the

Owner to the Committee of Lloyd's. 7. The decision given by an arbitrator for services rendered successfully in a

salvage operation.

2. Fit the omitted words in the following text: (CONCERNED, ENDEAVOURS, RECEIVED, ASSISTANCE, CLAUSE, TERMS, NO CURE NO PAY, PROPERTY, COMPLETED, SUCCESS, SECURITY, CARGO, AMOUNT, OWNER, AGENT)

Where a vessel finds herself in need of and it is not possible or desirable to accept assistance on fixed , the Master should do his best to arrange the help to be under the Lloyd's Form of Salvage agreement . The Master should also request the advice of his and of the nearest Lloyd’s . In I of the Agreement the Contractor agrees to use his best to salve the ship and , the remuneration in the event of to be Lstg. Immediately after the services are , the Contractor

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has to notify the Committee of Lloyd's of the in which he requires the security to be given. Pending (i.e. until) the completion of the Contractor has a maritime lien on the salved . After the expiry of 42 days from the date of completion of the security, the Committee of Lloyd’s call upon the parties to pay over the amount of the security, unless a claim for arbitration has been within that period.

3. Insert the appropriate words or phrases in the following telexes:

1. (MEANWHILE, OWING TO, IMMEDIATELY, AVAILABLE)

MV "Starlight", Call Sign ............., cargo canned food in containers on the voyage for New Orleans is disabled and adrift off Houston damage to steering gear, pos ..........., pls cable if adequate tug to tow us to port of refuge for repairs. asked Houston agent for one tug require urgent answer in order to be able to cancel Houston tug. Master.

2. (AWAITING, PROCEED, ASSISTANCE, SALVAGE ACREEMENT, TELEX) your of ............., tugboat “Mighty” can towards you within 7 hours for under no cure no pay Lloyd's standard form of . No towage companies would agree to tow under towage agreement. your agreement. Wilkins Salvage Co. Houston.

3. (MEANWHILE, WHICH, BECAUSE) MV "starlight" call sign, regret cannot accept salvage agreement no threatening damage.

received message from sistership “Sunlight” now proceeds towards us. Master.

4. (EXPECT, DECLARED, REQUIRED, PUT INTO, ENTERED, NOTIFY) MV “Starlight” cargo canned food in containers for New Orleans due to steering gear damage Houston 20 April ­ temporary and permanent repairs. sea protest and general average. Please consignees before average bonds and average guarantee are before discharging operations start. Master.

II GRAMMAR

I. Indirect speech ­ Commands. Consider the following pair of sentences:

(1) The Master ordered: "Call for immediate tug assistance" (la)The Master ordered the radio operator to call for immediate assistance.

Make the following commands indirect as in (la): 1. (Chief Officer), say “"Single up forward to one spring and breast line.”

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2. (Agent, suggest): “"Sign the salvage agreement as soon as possible.” 3. (Coastal Radio): “Arrange launching passengers and crew in life­boats.” 4. (M/V WEST, M/W OAK: recommend): “Lower your lifeboats before my

arrival.” 5. (Coastal Radio to Master of M/V SYREN, order): “Take command of Search and Rescue of the crew from the sinking vessel.”

III TRANSLATION

l. MB “Ocean Trader”, na putovanju iz Osla za Odesu, u balastu, dodirnuo je morsko dno (touch ground) u 02,40, 4. svibnja kod otočja Faroes zbog zakazivanja kormilarskog uređaja. Brod se odsukao vlastitim pogonom i ne pušta (leak). Uz pomoć ribarskog broda "Harpoon" otegljen je u luku zakloništa kamo je stigao u 07.30 sati. Ronioci su pregledali (inspect) udubine (dents) u limovima na dnu broda i oštećenje kormila. Zatim je brod izvučen na navoz (slip) radi popravka, gdje se još uvijek nalazi. 2. l. Rekao mi je da potpišem obrazac No Cure ­ No Pay. 2. Preporučili smo im da okrenu brod prema vjetru. 3. Krcatelj je rekao slagatelju da teret odmah ukrca. 4. Obalna stanica je naredila zapovjedniku da se pripremi za prihvat tegljača. 5. Lučki kapetan je naredio da se brod zadrži (detain) u luci.

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UNIT TWENTY THREE

SALVAGE CLAIM

Lawyer: Captain, let's now settle the matter of rendering salvage services to your vessel. Please look through the documents and put your signature. The award is quite reasonable, don't you think so?

Master: I'm afraid I don't follow you at all, Mr. Sharp. What kind of salvage do you mean?

Lawyer: Well, Captain, these papers show all the services rendered to your ship on December 12th and 13th in accordance with your personal request on the Lloyd's salvage agreement terms.

Master: I don't remember any such request. Lawyer: You certainly don't deny the fact of your grounding

in the port waters while proceeding outwards, do you? Master: Of course I don't. I've, never intended to. We actually ran

aground in a position athwart the channel.

Lawyer: And you were obviously unable to free yourselves, otherwise you would not have called for assistance.

Master:Well, I would not be so positive about that. Lawyer: Why didn't you free your vessel without assistance then? Master: The first attempt of the tug did not succeed as the tide was

falling rapidly at the time. On the morning when the tide was much higher our vessel was re­floated quite easily. We did in fact call for assistance from the Port Authority.

Lawyer: Well Captain, you did need assistance, you called for it and it was duly rendered to you. That, in my opinion is most essential. A port tug was sent to the scene. The Harbour Master himself was directing the salvage operation.

Master: You are quite right, except in using the term "salvage" which is absolutely out of place here. You have only forgotten to mention the position in which the vessel ran ashore.

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Lawyer: As far as I know, it has nothing to do with what we are actually discussing. I must however admit that the position is shown on the plan and the diagram of the accident.

Master: As a matter of fact it has. Let me remind you that my vessel completely obstructed the entry to and exit from the port.

Lawyer: I don't quite follow your reasoning. Master: It's all very simple. The towing company has a

statutory duty to remove any stranded ship which represents an obstruction to navigation. They have a right to recover only the expenses of doing so from the Owners, but neither the Towing Company nor any individual, including the Harbour Master, have any right to salvage award.

QUESTIONS:

1. What did the Lawyer want to discuss with the Master? 2. When did the ship run aground and where? 3. How was the ship re­floated? 4. Did the Master actually call for assistance? 5. Was the assistance rendered to his ship? 6. Why could the Towing Company not claim the right to the salvage award in this case? 7. Which expenses did the Master accept to be borne by the Owners?

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EXERCISES

I COMPREHENSION AND VOCABULARY

1. Complete the following text with the terms in the brackets: (OWNERS, AGREEMENT, HARBOUR MASTER, SALVAGE, ON BOARD, TERMS)

A: The Harbour Master claims, however, that there was an oral between him and the pilot your ship at that time. The pilot said that he had discussed the terms of with you.

B: I admit that the did offer the salvage agreement to the pilot, but I as Master of the ship never assented to them as it would have been against the interests of my .

2. Read the text of this Unit closely and find the verbs which form collocations (verb + object noun) with the following nouns: (MATTER, SALVAGE SERVICE, SIGNATURE, ASSISTANCE, SALVAGE OPERATION, ENTRY TO THE PORT, EXPENSES, RIGHT TO SALVAGE REWARD):

­ example: to settle the matter, etc.

Rewrite the sentences where these collocations occur and translate them into our language.

II GRAMMAR

1. Word Forms. Complete the following sentences as required: (AGREE, AGREEMENT; PROCEED, PROCEDURE; ASSIST, ASSISTANT, ASSISTANCE)

1. was rendered only two hours upon call. 2. The ship may outwards. 3. In clearing a ship a strict must be followed. 4. The ship was by two tugs. 5. Have you signed the salvage ? 6. The parties have to enter the salvage agreement. 7. The engineer inspected the damage.

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2. Indirect Speech ­ Questions. Study the following pairs of sentences:

(1) The Agent asked: "Was the ship damaged heavily?" (la)The Agent asked whether the ship had been damaged heavily.

(2) The Master asked: "Will the ship be detained?" (2a)The Master asked if the ship would be detained.

(3) He wanted to know: "How many tanks has she?" (3a)He wanted to know how many tanks she had.

Note that indirect questions are introduced by WHETHER, IF, or

QUESTION WORDS (How many, where, when, who, etc).

Make up indirect questions on the basis of the information below. The

verb in the brackets should first be in the present and then in the past

tense, e.g.:

(Pilot, ask): "Are you ready to proceed alongside?" (a) The pilot asks whether they are ready to proceed alongside. (b) The pilot asked whether they were ready to proceed alongside.

1. (lawyer, ask): "Was the accident very serious?" 2. (lawyer, ask): "Where did the accident happen?" 3. (captain, wonder): "What will the official survey show?" 4. (surveyor, inquire) : "Are the tanks designed for dangerous cargo?" 5. (master, ask): "Do you require tug assistance?" 6. (master, ask): "When will the berth be available?

3. Supply the right preposition:

A letter on salvage operations Dear Sirs,

Further my letter of 12th October this is to advise you our grounding your port waters. The vessel was outward bound, proceeding the fairway the river during the commencement the ebb tide. Abreast Gunwale Point she touched ground and fetched up almost (poprijeko) the channel

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blocking all traffic the river. Owing the above I sent a radio message the Port Authority my request necessary assistance.

Yours faithfully, QQ, Master

III. TRANSLATION

1. l. Zanima me da li ćete moći pristati bez pomoći tegljača.

2. Pitao je da li će zatražiti pomoć od susjednih brodova. 3. Spasavalački brod je pitao da li smo potpisali Lloyd's­ov obrazac No cure ­ no pay. 4. Htio bih znati kada je izdana garancia (security) i u kojoj valuti (currency). 5. Zanimalo ga je tko je određjen za arbitrano suca u ime brodara. 6. Tražio je gdje može krcati gorivo. 7. Pitao je da li u toj luci može krcati gorivo.

2. MB "DICK": Ovdje m/b "Dick" Imam požar. Moja je pozicija ..... stupnjeva jug, ..... stupnjeva istok. Požar je u strojarnici. Naplavljujem (flood) strojarnicu sa CO2. Imam 12 putnika i 21 člana posade.

Isle Point Radio: M/b "Dick", ovdje Isle Point Radio. Uhvatili (pick up) smo vaš signal pogibelji (distress). Svi brodovi u blizini obaviješteni su o nesreći (disaster). Preuzimamo rukovođenje operacije spašavanja. Javite da li uspijevate ugasiti (put out) požar.

MB "DICK": Ništa ohrabrujuće (encouraging). Požar se proširio na skladište br.3.

Isle Point Radio: Šaljemo vam vatrogasnu jedinicu (brigade) da vam pomogne. Savjetujemo vam da spustite čamce za spašavanje i smjestite u njih putnike i posadu.

MB "DICK": Pripreme za spuštanje čamaca u toku. Bojim se da ima nastradalih (casualties). Zahtijevam medicinsku pomoć.

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Tegljač MIGHTY: Ovdje "Mighty", jak vjetar i valovi onemogućavaju tegljačima da pristupe zapaljenom (burning) brodu. Ne možemo početi sa gašenjem dok se nevrijeme ne smiri (ease). Drugi tegljači prikupili putnike i posadu iz čamaca za spašavanje.

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UNIT TWENTY­FOUR

TELEXES, FAXES, (1) COMMUNICATION IN VARIOUS MATTERS OF SHIP MANAGEMENT

Sailing from the port of loading e. g. l. "mv riba left rijeka morning 13th with complete shipload of 11.300 mt cement in

four holds stop eta weather permitting yours 21st stop please arrange pneumatic or grab discharging stop reverting exact eta master"

Notifying expected arrival e. g. 2. "mv lovrata eta 101000 loading 2ooo mt moreless baled for ploče stop please

arrange immediate berthing and urgent supply of 2o t do master" e. g. 3. "ms oslić‚ anchored pilot station o91235 waiting berthing instructions pilot and

tug pls arrange urgent supply 5o t fw" e. g. 4. "ms cipal owing boisterous weather and generator trouble amended eta 12th late

master" Delayed arrival

e. g. 5. "mv tuna due to engine trouble arrival delayed to 12th 1000 master" e. g. 6. "mv liganj fog bound new eta 15th 1000 master" e. g. 7. "mt sipa 38ooo crude oil for rijeka sailed from ... oil terminal 11o8oo ship

detained by kings navy. will revert with four and two days and 24 hours notice master"

e. g. 8. "mt sipa two days notice 201600 master" Tanker readiness

e. g. 8. "mt sipa off ravenna terminal 221200 cabled readiness 221430 moored 221600 ballast discharge commenced 221730 loading commenced simultaneously expect completion 23o4oo master"

Passing a strait e. g. 9. "mt sipa passed hormuz strait 12Iloo It cargo 16oooo mt crude­oil 15ooo fuel oil

pls cable rotation and first discharge port master"

Ordering bunkers, stores, provisions e. g. 10. "mv riba eta 12th evening pls arrange supply 50 mt mdo 15 t do 60 fw to be

delivered by barge at anchor master" e. g. 11. "mv barakuda arrived pylos 16/4 1230 hrs sailed 21/4 1000 hrs eta venice 18/4

o13o hrs stop rytlx 16/4 accept your suggestion for loading 5pcs bay o5 and 4pcs on deck also crew can carry out lashing on those pcs stop after commencing discharging pls arrange 1 coil of wire 14 mm 25 pcs shackles 10 pcs turnbuckles 100 pcs clips and some timber boards bregards master"

Accidents, salvage, detention e. g. 12. "mv shark while manoeuvring in suez canal 28o93o near ras ... struck and

damaged ... co. oil pipeline because of steering gear failure stop vessel detained

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by canal authorities for enquiry stop canal authorities require deposition first class bank guarantee us dollars 6oooo stop please send surveyor and diver master"

e. g. 13. "mv mighty re­floated with assistance of two tugs and own propulsion machinery no damage whatever to ship or cargo but tow ropes broken fear engine overheating troubles agent madras cabled advising to start discharge as cargo insurers have issued form of average bond. receivers telexed they would be prepared to sign average bond as soon as practicable accordingly agreed to start unloading today afternoon shift sea protest entered local harbour master"

e. g. 14. "please be advised as per master's msg of ... the abv vsl was stopped 11/11 by ... navy stop detained searched and released on 13/11 at 23oo hrs stop eta port ... pilot stn on 15/11 at 1200 hrs best rgds agent"

e. g. 15. "ms feebly cargo 8030 tons wire coils 3ooo tons steel plates collided with cv strongly posn 1215N 3023W vsl suffered heavy damage in way of frames 53 and 54 ship listed suggest towage to port of repair master"

ABBREVIATIONS:

abv ­ above best rgds ­ best regards bregards ­ best regards cv ­ container vessel do ­ diesel oil eta ­ estimated time of arrival fo ­ fuel oil fw ­ fresh water hrs ­ hours it ­ local time mdo ­ marine diesel oil moreless ­ more or less mt ­ metric ton ms ­ motor ship msg ­ message mv ­ motor vessel pcs ­ pieces pls ­ please posn ­ position rytlx ­ reference your telex stn ­ station vsl ­ vessel

QUESTIONS ­ COMPREHENSION

1. What is a "complete shipload"'? (e.g. 1) 2. Who do you think is the telex addressed to? (e.g. 2) 3. When did the MV "Oslić" arrive at anchor? (e.g. 3)

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4. Why was the ETA for MS "Cipal" amended? (e.g. 4) 5. Could you give one possible reason for detaining the ship? (e.g.7) 6. What is meant by the term "rotation" in e.g. 9? 7. What kind of cargo is the MV “Barakuda” carrying in e.g. 11? 8. What are the wire, shackles, turnbuckles and clips used for? (e.g. 9) 9. Why did the canal authorities detain the vessel? (e.g. 12) 10. How was the MV "Mighty" re­floated" (e.g. 13) 11. What happened with the ship after she had been detained? (e.g.14) 12. What was the position of the two vessels in collisions?

EXERCISES

I In telex or telegram writing no fullstops or commas are normally used for separating sentences. The word "stop" is sometimes used, though more frequently in telegrams. Study e.g. 13 and place the word "stop" as required to separate each individual sentence.

II Very often auxiliary verbs (be, have) are omitted in passive sentences or in the perfect tenses. Sometimes even subjects are omitted. Also omitted are prepositions and articles. Study examples No. 3 and 11 and supply the missing articles and prepositions.

III Articles and prepositions are omitted for economy of time/space. Study examples 5 and 11 and supply the missing articles and prepositions as required.

IV In examples 5, 7, auxiliary verbs have been omitted. Supply the right forms of the auxiliary verb and complete the sentences of the same telexes.

V Extensive use of present participles (­ing forms) is made in telexes or cablegrams to shorten the sentences, c.f. (e.g. 1): “... weather permitting ...” which is equivalent to: “... if the weather permits...”

Transform the present participle forms into full verb forms. First check the meaning and type of sentence:

e.g. l. "reverting" ­ “we shall revert with ...” e.g. 2. "loading" ­ e.g. 3. "waiting" ­ e.g. 11. "manoeuvring" ­ e.g. 13. "advising" ­

VI Rewrite the dates in each telex using letters.

TRANSLATE THE FOLLOWING TELEXES/TELEGRAMS:

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1. U vezi s našim jučerašnjim teleksom nastavite plovidbu za famagustu gdje vaš eta treba biti 6/3 u 2000 sati. Prekrcaj (work) započinje odmah po dolasku jer ukrcaj/iskrcaj mora završiti do petka 7/3. Nakon famaguste vaš je red vožnje (schedule) kako slijedi: rijeka 10/3, trst 12/3, zatim livorno, genova za new york, baltimore.

2. Stigli smo u kuwait 3/7 23.00 sati prevaljen put dammam ­ kuwait 227 milja vrijeme 15 sati 10 min prosječna brzina 14,82 čvora, prosječna potrošnja za (per) 24 sata teška nafta 29 t dizel 1,8 t stanje bunkera (rob) po dolasku teška nafta 820 t dizel gorivo 201,30 t vezani 4/7 0045 sati završili trgovačke operacije 4/7 07,45 sati isplovili 4/7 0830 sati stanje goriva pri odlasku teško gorivo 820 t dizel gorivo 1,8 t eta dubai 5/7 2l00 sati. pozdrav zapovjednik.

3. MB "Trilja" eta 081630 radi ukrcaja kompletnog tereta južnog voća (citrus fruit) za split molim vas da o tome obavijestite krcatelja zapovjednik.

4. MB "Riba" skrenuo je u luku Cadiz zbog problema s motorom očekujem da će isploviti rano 12/4 molim vas da o tome obavijestite (advise) primaoce zapovjednik.

5. Tanker "Golub" sa 45000 tona sirove nafte za Bantry Bay isplovio je iz Arapskog zaljeva 111020 naknadno ćemo vam javiti (reverting) obavijest o prispjeću, zapovjednik.

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UNIT TWENTY FIVE

TELEXES, FAXES (2) COMMUNICATION IN VARIOUS MATTERS OF SHIP

MANAGEMENT

Messages by port authorities e. g. 16. (Owner to ship's Agent) “please proceed following tlx to mv ...”:

“with reference to port circular no. : ... dated ... we wish to inform you that the port authority of ... has amended some points of the notification of the arrival of vessels as follows”:

­ name of vsl ( in Latin) ­ nationality (flag of vsl) ­ kind of cargo and its weight (no codes or abbreviations) ­ the next port in which the vsl is going to discharge after leaving port of ... ­ last ports called by vsl consecutively before her arrival ­ total tonnage of vsl ­ volume of hatches and passenger cabins ­ reason of vsls calling (loading, discharging, bunker, other) ­ vsl's estimated time of departure"

"The port urges you to adhere to the above mentioned and draws your attention that any false information on your part will cause the application of rules and instructions of the marine authorities." regds, owner e. g. 17. "it has been noted that the vessel ... eta ... has violated port rules and

regulations part ... sect. ... late submission of final loading advice the fines applicable for this infringement are laid down in the rules and regulations the maximum time may be imposed if an immediate explanation is not forthcoming regds, port director general"

Delay due to strike, congestion in the port e. g. 18. (master to owner) "mv riba voy 12/87

arrived in roads: 12109/87 07.45 pilot on board: 12/09/87 09.30 berthed: 12/09/87 lo.45 bunkers o/b: fo: 190 do: 146 draft fw: 8.05 aft: 8,40 dockers union decided a spot strike today which expected to end tonight and work will resume normally tomorrow 06.30. therefore vsl will complete/sail 14/09 p.m. one day later than previously planned shall keep you informed, regds master"

e. g. 19. (agent to owner) "re strike at ... port confirming our today phone conv as of 18th at 12.oo hrs the strike of overtime is over stop t/.force gangs are available as flws

weekly ­ fm monday to friday 4th shift saturday ­ lst ­ 2nd ­ 3rd shift sunday ­ lst ­ 2nd shift

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mv "riba" concerned arr port of ... 19th at 19.00 hrs abt owing to terminal congestion will be berthed on 20th evening or 21st daybreak with etd 21st late afternoon t/fore she will take bunker available for 20th early afternoon stop will keep you closely informed rgds ship's agent"

e. g. 20. Delay due to repair of damage (master to owner)

“please note that total time lost order to repair damaged cylinder owners account

as flws:

1. from 18.00 hrs 31/12 (time of completion operations at port) until 20.00 hrs pilot on trying perform repairs inside port ­ 2h oom

2. fm 2115 hrs 31/12 pilot off until 2350 hrs waiting roads and completed repairs ­ 2h 15 m total time lost ­ 4h 15 m

do consumed during this period on owners account o.4 tons sailed from ... port road 2350 hrs 31/12 eta ... port 2/ol 0600 hrs then ... port 15/1 morning. master"

Clarification of cargo documents (receiver to shipper) e. g. 21. “ re: ms “riba” voy 6/86 eta houston

upon checking docs of abv vsl we note flg discrepancies however pls clarify urgently:

aa) contr no. ... port ... /port ... stowed in o6 7602b docs were not rcvd bb) b/l no. nos of packages not reflected in b/l and manifest cc) b/I no. port ... /port ... not reflected consignee notify name in b/I and

mnfst brgds," ship's agent"

Checking free space on board: Owner to agent (for master) e. g. 22. "for master and s.cargo mv "riba"

re: loading empty containers at ... port for port of ... we are in receipt of your telefax cont.stow. plan dated ... as we understand from same stow.plan you have more free space for 93 teus to load empty ctnrs at port of ... as follows: ... pls notify your eta ... port and confirm above. brgds, owner

Shifting of containers (owner to master) e. g. 23. "re: cv "riba" voy 25/86

2 x 40 ctnr no. ... and no. ... loaded new york on position o6 l0 04 and o6 15 02 as leghorn cargo but manifested as neaples ny­ne b/I no. ... are to be discharged neaples. ship's eta leghorn 14/10, neaples 16/10 ... 4 x 2o four ctnrs nos. ........, ......, ......., ......., loaded new orleans as karachi on positions ........, ........., ........, manifested as bombay cargo no­bo b/l no. ...... will be discharged bombay after shifting four madras ctnrs. brgds, owner"

Poor port performance (breakdown of shore crane) e. g. 24. "owing to several stoppages of shore crane during 2nd shift on 13/3 were not

able to complete loading within planned time. as of sunday only one shift

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available. will start loading again on monday 16/3 expect to complete and sail

around noon time will revert best regards master"

Cancellation of calls (owner to ship's agent) e. g. 25. "pls be informed that due to insufficient cargo on board for discharge at

port A we were forced to cancel our call at yrs 1/1/85 stop consequently please advise port authority… stop similarly inform rcvrs that cargo will be discharged at port B and transhipped shortly to port A stop do not therefore submit cgo docs to port/customs and stevedores since vsl rotation cancelled stop we apologise­ for inconvenience caused stop rgds owner"

Taking over the goods e. g. 26. lvpls be informed that the cargo in cont No. ... cannot be taken over at the

port of ... as the b/l were not stamped and signed therefore advise the owner's agent by telex to "release the goods against original b/l "to mv ... without shipper's indorsement, rgds ABBREVIATIONS: abv ­ above abt ­about arr ­ arrival b/l ­ bill of lading bregs ­ best regards rs/rgds ­ best regards cgo ­ cargo; cgo docs cargo documento cont ­ container contr ­ container ctnr, ctnrs ­ container, containers conv ­ conversation docs ­ documento eta ­ estimated time of arrival etd ­ estimated time of departure ets ­ estimated time of sailing flg ­ following flws ­ (as) follows fm ­ from fw ­ forward h ­ hour hrs ­ hours info'd ­ informed mnfst ­ manifest ms ­ motor ship mv ­ motor vessel no ­ number no­bo ­ New Orleans Bombay ny­ne ­ New York ­ Neaples o/n ­ on board P.M. ­ post merldiam cvd ­ received

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rcvrs ­ receivers re. ­ referenze regds ­ regards s.cargo ­ supercargo sect. ­ section stow.plan ­ stowage plan teus ­ twenty­foot equivalent units t/fore ­ therefore tlx ­ telex voy. ­ voyage vsl ­ vessel yrs ­ yours (i.e. your port; your telex etc.)

QUESTIONS ­ COMPREHENSION

1. Why is the notification of the arrival of ships sometimes amended in certain ports? What are the possible reasons? (e.g. 16)

2. Who must adhere to the port rules and regulations? (e.g. 16) 3. Why has the vessel violated the port rules and regulations? (e.g.17) 4. What do the figures in the first part of telex no. 18 represent? 5. When was the overtime strike in the port over? (e.g. 19) Did this strike cause any

delay to the ship? 6. Who bears the cost of diesel oil consumption in the case of e.g.20? 7. What were the discrepancies shown in the cargo documents in e.g. 21? 8. What is a container stowage plan? (e.g. 22) 9. Explain the meaning of the figures: 2 x 40 and 4 x 20 in e.g. 23. 10. Why was the loading of the vessel not completed as planned(e.g. 24) 11. Why was the call at the port A cancelled? (e.g. 25). 12. Why cannot the cargo in cont. No. ... be taken over? On what condition can the

goods be released? (e.g. 26)

EXERCISES

I Separate each sentence in e.g. 25 by the word "stop". II Supply the missing words (prepositions, articles) and the full verb forms in the sentences of e.g. III Divide the text of telex no. 17 into three sentences. In the first one the phrase "because of" is left out. Put it into the right place. IV Find the closing sentences promising to provide further information later on. See examples 16, 18, 19, 24. V Change the opening phrase in e.g. 22 "we are in receipt of" into a full verb sentence. VI Study the dates written in all the telexes of Unit 24 and 25 and state the differences in the form of writing. What are the possible problems?

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TRANSLATE THE FOLLOWING TELEXES INTO ENGLISH:

l. (zapovjednik brodaru) Brod "Riba" stigao je i usidrio se 20. travnja ispred luke Lagos u 2200. Zbog toga što je luka kompletno zatvorena (closed) za promet predviđamo (anticipate) da ćemo se privezati oko 1900 20/4 i odmah nakon toga započeti iskrcaj. Bit ćemo s vama u stalnom kontaktu (keep advised). Zapovjednik.

2. (zapovjednik brodaru) Stigli smo na peljarsku stanicu luke New York (Ambrose) 6/10 1548 sati završeno putovanje (passage). Prešli udaljenost Rijeka­New York ... milja, vrijeme plovidbe ... sati ... minuta, prosječna brzina 13.80 čv. Prosječna potrošnja za 24 sata teško gorivo 26,8 t dizel gorivo 1,90 t stanje bunkera (rob) po dolasku teško gorivo 690 dizel 180 t. Prema uputstvima iz New Yorka sidrili smo na sidrištu Ambrose 6/10 1548 očekujemo vez. Pozdrav zapovjednik.

3. (brodar zapovjedniku) U vezi s jučerašnjim teleksom nastavite plovidbu za Kopar gdje vam je eta 06/6 u 2000. Lučke operacije (work) će započeti odmah po dolasku neprekidno do završetka iskrcaja/ukrcaja u nedjelju 8/6. Nakon Kopra vaš red plovidbe (schedule) je kako slijedi: Trst 9/6, prva i druga smjena, Rijeka 10/6 prva smjena s kontinuiranim radom, zatim Livorno, Genova, Savannah. Pozdrav, brodar.

4. (agent zapovjedniku) U nastavku (further to) na ranije obavijesti žao nam je što vas moramo obavijestiti da u našoj luci imamo još uvijek mnogo problema (face problems). Lučki radnici još uvijek štrajkaju, pa ne možemo dobiti (obtain) dizaličare za kontejnerske dizalice. Na sutrašnjem sastanku 0900 odlučit će se da li (whether) će se štrajk nastaviti ili da li će se ponovno započeti (resume) radom sutra u drugoj smjeni. Javit ćemo se čim budemo mogli. Pozdrav, lučki agent.

5. (brodar agentu) Prema informaciji od agenta u Livornu Contener br. ... Le Havre ­ Port Sudan složen na poziciji 051006a greškom slagatelja iskrcan je u Livornu umjesto kontejnera Rotterdam ­ Livorno (bez oznaka). Drugi se kontejner još nalazi (remain) na brodu. Ako je tako dovezite ga natrag u Rotterdam i izbrišite nepostojeći (non­existent) kontejner iz Hamburga iz dokumenata i plana tereta. Pozdrav, brodar.

6. (brodar zapovjedniku) Veza naš tel razgovor 12/12 s agentom Djakarta. Hitno obavijestite agenta Djakarta vaš eta koji obavezno mora biti 13/12 ne prije l000 lt. Također javite plan iskrcaja tereta Singapur. Pozdrav, brodar.

7. (brodar agentu) Veza mb "riba" gore navedeni brod ima dozvolu (clearance) za ulazak u luku Lagos sidri te 13/10. ukoliko brod ne uspije (fail to arrive) stići do tog dana, brod će morati čekati za dozvolu pet dana. Molim da o tome obavijestite zapovjednika.

8. (brodar zapovjedniku). Agent Marseille manifestirao ukrcaj punih kontejnera kako slijedi: 75 x 40, 90 x 20. Molimo potvrdite pozicije agentu. Pozdrav.

9. (agent zapovjedniku)Veza radiogram 9/2. vaš eta u luku A treba biti 10/2 80.000 za sada imamo informaciju da ćete vez dobiti odmah po dolasku. Pobrinite se (ensure) da stignete ranije kako to zahtijevaju lučke vlasti. pozdrav.

10. (brodar zapovjedniku) javite hitno da li ste predali agentu messina dokumente livorna za luke zaljeva.

11. (brodar zapovjedniku) iskrcaj praznih kontejnera (empties) Kopar: bay 2 desno sve, bay 4 sve, ukrcaj puni Kopar: dammam 20/20, 13/40, Karachi 12/20, 11/40. pune

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kontejnere za Milano iskrcati u Veneciji. Sve ostale hc i o/t iskrcati u Kopru. s obzirom na izvršeni tramak (shifting) praznih Taranto nastojte se javiti večeras preko vhf. pozdrav.

12. (zapovjednik brodaru) brod "riba" stigao port said 15/1/1340 vezani 1730 ušli u konvoj 16/1/0200 prošli suez 1800 eta aden 18/1/0900 pozdrav.

13. (brodar agentu) brod predviđen (scheduled) za ukrcaj u rijeci 1/5. vaš alotment 70/40. konačnu listu kontejnera poslati liniji do 28/4 1200 sati. prihvadamo kont. za jeddah, kuwait. pozdrav.

14. (zapovjednik brodaru) mb "riba" 20 ruajn 12 pozicija 3314N 18l0W vjetar sw 6/8 more sw 4­5 brzina 16 čv. eta gibraltar 22/9 1600 eta marseille 24/9 03.00 molim odobrenje za nabavu u marseilleu slijedećeg: zelena palubna boja 5o lit, peroklin 873 30 lit, č.čelo 14 mm za sohe čamaca met 300. pozdrav, zapovjednik.

15. (zapovjednik brodaru) mb "riba" eta livorno 11/11 07300 stop stanje u luci neizmijenjeno stop lučke operacije (work) na brodovima vezanih na terminalu odvijaju (go on) se veoma sporo. javit ću se s najnovijim informacijama (revert with) stop pozdrav zapovjednik.

16. (zapovjednik agentu) ovime vas obaviještavam (please be advised) da je naš brod dana ... zaustavio (detain) brod ratne mornarice ... te da je pretražio (search) i oslobodio (release) naš brod dana ... u ... sati. eta luka ... pilotska stanica dana ... u ... sati pozdrav zapovjednik

17. (agent zapovjedniku) vaš allotment bit će do 70 teu. molimo vas da pošaljete plan krcanja kako bismo na najbolji način iskoristili (utilize) brodski prostor. agent.

18. (primalac krcatelju) Prilikom pregleda (on scrutinising) dokumentaciju gore navedenog broda primjetili (note) smo slijedeće, pa vas molimo da hitno date objašnjenje (clarify): l. teretnica br. ... nije manifestirana (not reflected in mnfst) broj koleta 2. molimo vas da nam date (advise) točne pozicije kontejnera po teretnici br . ....

jer se ne slažu (not tallying with) manifestom. 3. nismo dobili deklaraciju za opasni teret (hazardous cargo declaration) za luke ...

i ... molimo da javite (advise) hitno točan broj kontejtnera s opasnim teretom ukrcanih u vašoj luci kako bismo mogli o tome (accordingly) obavijestiti luku iskrcaja.

19. (zapovjednik agentu) Očekujemo da ćemo stići u vašu luku 22/7 15.00. Molimo vas da osigurate vez (make arrangements for berthing) i iskrcaj odmah po dolasku. Pozdrav, zapovjednik.

20. (zapovjednik agentu) Brod "riba" skrenuo je (put into) u luku Vancouver zbog kvara na motoru (engine breakdown). Očekujem da ćemo isploviti u zoru 7/8. Molim da o tome (accordingly) obavijestite primaoca tereta. Pozdrav, zapovjednik.