A printed charter-party for the carriage of timber, with written additions. contained the following clause, a marginal note being given in small type and the writing in italics:-‘ Memo.-Owners may arrange for a fixed average number of standards per day for loading and/or discharging. 3. The cargo is to be loaded at the rate of 125 fathoms daily and discharged at the rate of 125 fathoms daily, reversible, with customary steamship dispatch, as fast as the steamer can receive and deliver, during the ordinary working hours of the respective ports, but according to the custom of the respective ports, Sundays, general or local holidays (unless used) in both loading and discharging excepted. Should the steamer be detained beyond the time stipulated as above for loading or discharging, demurrage shall be paid at 5 d. p. n.r. ton per day, and pro rata for any part thereof. The cargo to be brought and taken from alongside the steamer at charterer’s risk and expense, as customary. The master has liberty to bring iron or other deadweight as ballast from the loading or any other port.’
Held that, it being conceded that the words ‘with customary steamship dispatch as fast as the steamer can receive and deliver during the ordinary working hours of the respective ports’ must be deleted as being inconsistent with the written portion of the clause, the words ‘but according to the custom of the respective ports,’ even if they also were not to be held pro non scripto, only applied to the means or method of loading or discharging, and did not include the local custom of a port whereby wet days and Saturday afternoons were excepted.
A charter-party contained a clause whereby the charterers had the right of slumping together the total lay-days, and were not liable for demurrage if in the processes of loading and discharging they did not exceed the total number of lay-days. The charterers purchased the cargo from the shipper. At the port of delivery they presented bills of lading on which were written the words ‘thirteen days used for loading.’ Only nine days had actually been used for loading, the master having made an allowance to the shipper in respect of four days saved by expeditious loading. The charterers Knew of this. In an action for demurrage by the owners of the vessel against the charterers, held that the defenders were bound by the terms of the bills of lading and were not absolved from the pursuers’ claim for demurrage in respect of the four days not actually used for loading.
Opinion per Lord Salvesen and Lord Guthrie that the agent of the charterers had authority as such to bargain with the master of the vessel that if less time was actually taken for loading than the stipulated number of days fixed by the charter-party, the master should pay for such dispatch on the footing that the days saved and paid for should not be added to the lay-days fixed for discharge.
Citations:
[1915] SLR 280
Links:
Jurisdiction:
Scotland
Transport
Updated: 23 April 2022; Ref: scu.618251