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We refer to previous circulars and comments with regard to solid bulk cargoes susceptible to liquefaction. It has come to the Club’s attention that a number of clauses are in market circulation, some of which attempt to weaken the requirements of the provisions of the IMSBC Code, which, as is known, was made mandatory as 1st January 2011. The Club would recommend that members do not agree to such clauses. The International Group of Clubs (IG) has issued a standard charterparty clause to which we would recommend members agree in charterparties for carriage of these cargoes. For charterer members, the club recommends that the clause is agreed down the charterparty chain. It is hoped that the clause will assist members in avoiding the commercial pressures which may lead to compromise of IMSBC or other regulations. Among other things, the clause requires the following: That all IMSBC and other regulations are to be complied with,   That charterers shall provide the requisite documentation to owners prior to loading, i.e. the Flow Moisture Point (FMP) Certificate, the Transportable Moisture Limit (TML) Certificate, and test results of moisture content from a laboratory approved in advance by Owners,   That the Master is entitled to refuse to load any cargo, or to demand that any cargo already loaded to be discharged, where in his reasonable opinion carriage of it could jeopardize the safety of the vessel or the crew,   That charterers allow owners to take samples of the cargoes prior to, and as a condition of, loading, and that owners shall be entitled to test such samples, and to appoint surveyors and/or experts to attend at their discretion, to determine whether the cargo is safe to carry, and   That all costs and consequences incurred as a consequence of following charterers’ orders to load and the terms of this clause are for charterers’ account. For the sake of good order, any case involving cargoes which may liquefy should be reported to the Clu
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pi_circular Skuld ·2011-08-23

Solid Bulk Cargo Charterparty Clause

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