Chapter 11: Abandonment, Frustration And Matters Affecting Performance

P & I Club War Risks Deviation Clause

11.1

The ship shall have liberty to comply with any orders or directions as to departure, arrival, routes, ports of call, stoppages, destination, delivery or otherwise howsoever given by the government of the nation under whose flag the vessel sails or any department thereof, or any person acting or purporting to act with the authority of such government or of any department thereof, or by any committee or persons having, under the terms of the war risks insurance on the ship, the right to give such orders or directions and if by reason of and in compliance with any such orders or directions anything is done or is not done, the same shall not be deemed a deviation, and delivery in accordance with such orders or directions shall be a fulfilment of the contract voyage and the freight shall be payable accordingly. 1

11.2

Conlinebill

16. Government directions, War, Epidemics, Ice, Strikes, etc. 2

1. The Master and the Carrier shall have liberty to comply 3 with any order or directions or recommendations in connection with the transport under this contract given by any Government or Authority, or anybody acting or purporting to act on behalf of such Government or Authority, 4 or having under the terms of the insurance on the vessel the right to give such orders or directions or recommendations.

2. Should it appear that the performance of the transport would expose the vessel or any goods onboard to risk of seizure or damage or delay, resulting from war, 5 warlike operations, blockade, 6 riots, civil commotions 7 or piracy, 8 or any person onboard to the risk of loss of life or freedom, or that any such risk has increased, the Master may discharge the cargo at port of loading or any other safe and convenient port. 9

3. Should it appear that epidemics, quarantine, ice 10 - labour troubles, labour obstructions, strikes, lock-outs, any of which onboard or on shore 11 - difficulties in loading or discharging would prevent the vessel from leaving the port of loading or reaching or entering the port of discharge or there discharging in the usual manner and leaving again, all of which safely and without delay, the Master may discharge the cargo at port of loading or any other safe and convenient port. 12

4. The discharge under the provisions of this clause of any cargo for which a Bill of Lading has been issued shall be deemed due fulfilment 13 of the contract. If in connection with the exercise of any liberty under this clause any extra expenses are incurred, they shall be paid by the Merchant in addition to the freight, together with return freight if any and a reasonable compensation for any extra services rendered to the goods. 14

5. If any situation referred to in this clause may be anticipated, or if for any such reason the vessel cannot safely and without delay reach or enter the loading port or must undergo repairs, the Carrier may cancel the contract before the Bill of Lading is issued. 15

6. The Merchant shall be informed if possible. 16

Combiconbill (as revised 1995)

11.3

8. Hindrances etc. Affecting Performance 17

1. The Carrier shall use reasonable endeavours 18 to complete the transport and to deliver the goods at the place designated for delivery.

2. If at any time the performance of the contract as evidenced by this Bill of Lading is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind, and if by virtue of sub-clause 8(1) the Carrier has no duty to complete the performance of the contract, the Carrier (whether or not the transport is commenced) may elect to

   • treat the performance of this contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient; or

   • deliver the goods at the place designated for delivery.

3. treat the performance of this contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient; or

4. deliver the goods at the place designated for delivery.

5. If the goods are not taken delivery of by the Merchant within a reasonable time after the Carrier has called upon him to take delivery, the Carrier shall be at liberty to put the goods in safe custody on behalf of the Merchant at the latter’s risk and expense.

6. In any event the Carrier shall be entitled to full freight for goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.

11.4

P & O Nedlloyd Bill 19

10. CARRIAGE AFFECTED BY CONDITION OF GOODS

If it appears at any time that, due to their condition, the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measure in relation to the Container or the Goods, the Carrier may, without notice to the Merchant (but as his agent only) take any measure and/or incur any additional expense to carry or to continue the Carriage thereof, and/or sell or dispose of the Goods, and/or abandon the Carriage and/or store them ashore or afloat, under cover or in the open, at any place, whichever the Carrier, in his absolute discretion, considers most appropriate, which abandonment, storage, sale or disposal shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any additional expense incurred. 20

17. METHODS AND ROUTES OF CARRIAGE 21

(1) The Carrier may at any time and without notice to the Merchant:

1. use any means of carriage whatsoever,

2. transfer the Goods from one conveyance to another, including but not limited to transhipping or carrying them on a Vessel other than that named on the face hereof,

3. unpack and remove the Goods which have been packed into a Container and forward them in a Container or otherwise,

4. proceed by any route in his discretion (whether or not the nearest or most direct or customary or advertised route), at any speed, and proceed to or stay at any place or port whatsoever, once or more often and in any order,

5. load or unload the Goods at any place or port (whether or not such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or port,

6. comply with any orders or recommendations given by any government or authority, or any Person acting or purporting to act as or on behalf of such government or authority, or having under the terms of any insurance on any conveyance employed by the Carrier the right to give orders or directions, 22

7. permit the Vessel to proceed with or without pilots, to tow or be towed, or to be dry-docked, with or without Goods and/or Containers on board.

(2) The liberties set out in Clause 17 (1) may be invoked by the Carrier for any purpose whatsoever, whether or not connected with the Carriage of the Goods, including but not limited to loading or unloading other goods, bunkering, undergoing repairs, adjusting instruments, picking up or landing any persons, including but not limited to persons involved with the operation or maintenance of the Vessel and assisting vessels in all situations. Anything done in accordance with Clause 17 (1) or any delay arising therefrom shall be deemed to be within the contractual Carriage and shall not be a deviation.

(3) By tendering Goods for Carriage without any written request for Carriage in a specialised Container, or for Carriage otherwise than in a Container, the Merchant accepts that Carriage may properly be undertaken in a general purpose container, carried on or under deck at the Carrier’s sole discretion.

18. MATTERS AFFECTING PERFORMANCE 23

If at any time the Carriage, the Vessel or other goods on board the Vessel are or are likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (other than the inability of the Goods, due to their condition, safely or properly to be carried or carried further) and howsoever arising (even though the circumstances giving rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for Carriage), 24 the Carrier (whether or not the Carriage is commenced) 25 may, without prior notice to the Merchant and at the sole discretion of the Carrier, either:-

1. Carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route to that indicated in this Bill of Lading or that which is usual for Goods consigned to that Port of Discharge or Place of Delivery. If the Carrier elects to invoke the terms of this Clause 18 (a) then, notwithstanding the provisions of Clause 17 hereof, he shall be entitled to charge such additional Freight as the Carrier may determine. 26

   or

2. Suspend the Carriage of the Goods and store them ashore or afloat upon the terms of this Bill of Lading and endeavour to forward them as soon as possible, but the Carrier makes no representations as to the maximum period of suspension of Carriage. If the Carrier elects to invoke the terms of this Clause 18 (b) then, notwithstanding the provisions of Clause 17 hereof, he shall be entitled to charge such additional Freight as the Carrier may determine. 27

   or

3. Abandon the Carriage of the Goods and place them at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for Carriage, and the Merchant shall pay any additional costs of the Carriage to, and delivery and storage at, such place or port. 28

If the Carrier elects to use an alternative route under Clause 18 (a) or to suspend the Carriage under Clause 18 (b) this shall...