| Award 1198

Award 1198 – C/P Baltimore Form C – Loading of wheat cargo at Baton Rouge – FIO terms – De-ballasting operation abnormally lengthy – Application of the terminal tariff. When fixing a ship for loading a grain cargo in the Mississipi river, where it is usual for all terminals to impose their tariffs and loading terms, the ship owner could not claim to be ignorant of the conditions of use of the berth. Therefore, because of the slowness of de-ballasting, the shipowner must bear the costs for delay invoiced by the terminal. However, the expenses for shifting the ship – having left the berth after the stevedore cut the mooring lines to compel her to quit, before returning to complete loading – which are tantamount to the use of a second berth, not foreseen in the charterparty, are to be borne by the charterer.