Of course, it is rather embarrassing for the captain to see that all the legal formalities to this end have been duly carried out, and usually the ship's agent is charged with this business. He negotiates with the consignees or holders of the B/L and introduces to the master the right and legitimate person who must take the delivery of goods. The agent also secures clean receipts for the goods delivered.
Sometimes the goods are delivered in small separate lots against the consignees' receipts. With the final lot all these receipts are exchanged for a duly signed and endorsed bill of lading.
Very often the agent places his signature and seal on the bill of lading, which serves as a proof that the goods have been delivered to the right person or persons.
According to the contract the agent is bound to collect from the receivers of goods the freight and other charges due to the shipowners. The amount of freight is usually stated in the bill of lading. Besides, the agent usually gets direct instructions from the shipping company as to
what amounts of money he should collect in connection with a definite shipment.
The master of the ship may deliver the goods only after he has ascertained that the freight and other charges, if any, have been paid. The fact that the money has been paid must be officially confirmed by the agent. He usually does this by giving the captain either a formal written notice or by arranging with the captain that he will visa each B/L the money under which has been duly collected.
In case of non-payment of freight and of other charges due to the ship the master may exercise a lien upon the goods and the agent renders him every assistance in this connection.
In case of shortage of goods or any claims or disputes on the part of consignees the agent is to arrange immediate checking of the cargo in order to protect the interests of the vessel. If shortage or defects of goods are found on discharging, an appropriate statement of facts should be drawn up. This statement is usually signed by the master, by the agent and sometimes by the custom house officer or a surveyor.
DIALOGUES
1
SECOND MATE. We are ready to start discharging Hold No. 1. We'll begin with the consignment of 2,000 bales of cotton under B/L 3782. The cargo is consigned to Messrs. Dijon & Co., Textile Manufacturers. Who will take delivery of this cargo?
AGENT. We've arranged with the stevedoring company that they'll take
delivery of the goods. The boss stevedore will arrange the tally of goods. When the goods are tallied and received he will give you clean receipts. Later on I shall exchange these receipts for a duly signed B/L.
SECOND MATE. Have you collected freight under this B/L?
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AGENT. Certainly, I have. Here is an official notice to this effect. SECOND MATE. Good. Let me have that notice. Thank you. Now, next
in the same hold is the consignment of 500 cases of electric refrigerators under B/L No. 3784. These refrigerators are consigned to the Lebanese Trading Corporation via your port. To whom shall we deliver this lot?
AGENT. This lot is to be delivered to the local Transport Company who have a legal power of attorney from the Lebanese Trading Corporation. They have already paid the freight and other charges due under this B/L. I'll bring their representative tomorrow morning and he is to give you clean receipts for the goods received. When discharging has been completed I'll deliver you a duly endorsed and accomplished B/L.
SECOND MATE. I want this representative to make out clean receipts for each draft because this is rather a valuable cargo. Can you arrange that?
AGENT. Of course, I shall arrange that.
2
BOSS STEVEDORE. According to our tallies there are five bales less in this lot.
SECOND MATE. It's impossible. How many bales were slung for each draft?
BOSS STEVEDORE. Fifteen bales in each draft. SECOND MATE. And how many drafts did you tally? BOSS STEVEDORE. Let me see. We got ashore 47 drafts. SECOND MATE. Then it makes 705 bales altogether.
BOSS STEVEDORE. That's right, but there must be 710 bales.
SECOND MATE. Wait a moment. I'll investigate that. (after a while). Yes, you were right. The five bales were stowed separately in the 'tween deck of another hold. They will be lowered down directly. Go and see that the marking coincides.
3
CARGO SUPERINTENDENT. Five bags are short in that lot of rice. SECOND MATE. What is your total amount?
CARGO SUPERINTENDENT. The total amount is 4237 bags.
SECOND MATE. No, that's not right. I am afraid you made a mistake in calculating the total. Let us check our tallies.
CARGO SUPERINTENDENT. Well, let us check them. Before dinner time our tallies agreed. There was a total of 2010 bags, wasn't there?
SECOND MATE. Yes, that was the right figure.
CARGO SUPERINTENDENT. So let's check our tallies from the time work was resumed after the dinner break.
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SECOND MATE. According to our tallyman's entries, we had 50 drafts of
40 bags each, 6 drafts of 33 each and 1 draft of 32 bags. That makes a total of 2230 bags altogether. What are your entries?
CARGO SUPERINTENDENT. Ah, here is the discrepancy: we took ashore only 49 drafts of 40 bags and one draft of 37. As to the other figures they agree.
SECOND MATE. Wait a moment. Here is a remark: 3 bags torn and delivered as sweepings.
CARGO SUPERINTENDENT. Oh, now I see. I did not add these 3 bags to my total. That was the whole trouble. Now I see. Thank you.
4
AGENT. The last consignment of gas tube fittings was two cases short. SECOND MATE. What's the number of that B/L?
AGENT. No. 8673 for 300 cases of gas tube fittings. As a matter of fact, we got ashore only 298 cases. Our tallies agree. What's the matter with that B/L?
SECOND MATE. I suppose you didn't pay attention to the remark on the B/L that two cases were in dispute.
AGENT. Why, I did, but I thought they meant two extra cases over 300. They ought to have stated: "298 cases plus 2 cases in dispute".
SECOND MATE. Yes, that's what they ought to have done, but they didn't. That was their mistake and, I'm sorry to say, we have overlooked it. Anyhow, we have to draw up a statement of shortage. State that two cases are short-landed.
AGENT. Yes, that's what we have to do.
5
AGENT. I'm sorry, but we cannot give you clean receipts for these steel billets.
SECOND MATE. Why, what's the matter? Have you any claims as to the shortage of these goods?
AGENT. No, we have no claims whatsoever as to the quantity. But we object to the state of the goods. Many billets have become, rusty.
SECOND MATE. But we have nothing to do with this. There is a clause inserted in the B/L: "Weight, quality & condition unknown. Shippers' responsibility". This clause relieves us of any liability.
AGENT. Then we'll give you clean receipts, but we must call in experts and draw up a special statement of facts.
SECOND MATE. That's your legal right. We cannot object to that. But we flatly refuse to bear any responsibility as we have delivered you the goods in the same condition as shipped and, as I have said, the state of goods was stipulated as unknown to us.
6
CAPTAIN. Do you represent Messrs. White & Co.?
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CARGO SUPERINTENDENT. Yes, sir. I am Cargo Superintendent of
that firm. My name is Peterson. Here is my power of attorney. Did you get my radiogram to heat up the cargo?
CAPTAIN. Yes, we got it in time and by now the mean temperature is
about 80°F.
CARGO SUPERINTENDENT. Oh, that's very good, indeed. It will greatly expedite discharging. What's your ship's draft?
CAPTAIN. She draws 8.6 metres Aft and 8.3 metres Fore.
CARGO SUPERINTENDENT. Have you prepared notices of readiness? CAPTAIN. Yes, we have. Here they are. Please sign your name and state
the time they are accepted. We are ready to discharge from 5 p.m. hours today.
CARGO SUPERINTENDENT. It's eleven now. So the lay hours will count exactly from 5 p.m. Can you hand me over the shipping documents sent to us by ship's mail?
CAPTAIN. Certainly, here they are. Please sign this receipt.
CARGO SUPERINTENDENT. Oh, what a lot of papers! Well, may we start taking measurements and samples?
CAPTAIN. Yes, of course. I've already arranged everything with our ship's agent, Mr Johnson. He is on deck now. We are only waiting for the inspector from the custom house. He will be here soon.
GO SUPERINTENDENT. Have the hatch covers and ullage holes been opened?
CAPTAIN. Yes, everything is made ready to take measurements. CARGO SUPERINTENDENT. Have you got standard gauging
equipment aboard?
CAPTAIN. Yes, we have normal bobs, tapes and thermometers. I think you may now go on deck. I am informed that the customs-house officer has just come and they are waiting for you. Here is a young man who will show you the way.
CARGO SUPERINTENDENT. All right, thank you. See you later.
SECOND MATE. So everybody 7is present. May we start taking
measurements?
CUSTOMS-HOUSE OFFICER. Yes, certainly. Let us waste no time. SECOND MATE. Tank No. 3. Lower your thermometer, please. The
reading of our thermometer is 80°F. Ullage, 2'2 3"/4. No water. The paste is unchanged.
CUSTOMS-HOUSE OFFICER. Temperature correct. Your thermometer reading agrees with mine. What ullage did you say? 2'2 3"/4? Let me see the tape. Yes, right you are. Let me put the figure down. Have you taken a sample? I think we may now go to the next tank.
SECOND MATE. Tank No. 4. Temperature, 79,5°F. Ullage, 2'7 1"/2. Water-bob reading, 3 2"/8, the total outage measurement is 42'10 1"/2. Sample taken? Any objections? None? Let us go to the next tank.
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8
SECOND MATE. So, we have completed taking measurements and samples. I would kindly ask you now, gentlemen, to sign the accounting form. Yes, everybody has to sign his name and position. Thank you. Now, Mr Peterson, we have to make some arrangements about discharging. Would you mind going upstairs, to the captain's cabin? This way, please.
CARGO SUPERINTENDENT. Wait a minute. Let's send these samples for analysis. Have you marked all of them?
SECOND MATE. Yes, I have. I have written on each bottle only the figures signifying the numbers of the tanks. Will that do?
CARGO SUPERINTENDENT. Yes, that'll do. Could you detail a deckhand to help the lab assistant to take the samples to the laboratory. It's not far from here.
SECOND MATE. Certainly. Must he stay at the laboratory to bring back the results of analyses?
CARGO SUPERINTENDENT. No, not necessarily. The lab assistant will bring the analyses as soon as they are ready.
SECOND MATE. Will that take much time?
CARGO SUPERINTENDENT. No, it will take less than two hours. SECOND MATE. Well, let's go upstairs now to take the calculations, if
you don't mind. Or, perhaps, you have some other arrangements to make?
CARGO SUPERINTENDENT. No, I just want to ask you whether you usually detail a duty fireman to secure safety while unloading. I tell you this, because it's required by our Port Regulations.
SECOND MATE. Oh, I see. According to our regulations all the men of the watch must see to safety. However, if that's required by your Regulations we shall detail a special deck-hand to do the job.
CARGO SUPERINTENDENT. Fine. Then that's settled. Now we may go up to the captain's quarters.
9
CARGO SUPERINTENDENT. So, Captain, we've taken ullages of all the tanks. The temperature of cargo was measured in almost 50 per cent of the tanks, and samples were taken and sent to the laboratory for analysis. Quite a good job!
CAPTAIN. Not tired, are you? Well, now we may set to computing the volume and the weight of cargo. Here are our ship's ullage tables. The specific gravity of cargo is stated in the certificate of quality which I gave you. Did you thieve the tanks?
CARGO SUPERINTENDENT. Yes, sir, we did. So far everything is within the limits allowed.
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