Freight payable as per charter party

Watson Farley & Williams

  • Content type

  • Sector

  • Service

Our People

About us

Insights

Visit our Insights Hub

  1. Article 5 Oct

    Shedding light on shades of grey: Time bar applies to misdelivery claims

    Read more

  2. Article 15 Sep

    Where are we with Net Zero? A look into decarbonising the construction sector

    Read more

  3. Article 17 Aug

    The future of a hydrogen project

    Read more

Locations

Contact us

  • Content type

  • Sector

  • Service

The inclusion in the bill of lading of “freight payable as per charter party” is an indication that the bill of lading was issued subject to a charter party (see R647/TA662rev).

I agree with you that by requiring a bill of lading marked "freight payable as per charter party" the LC is in fact requiring presentation of a Charter Party Bill of Lading.

Regards,
N.H.Duc

—-

JSMITH – United Kingdom Posted 20 May 10 |

Requiring a BL "marked freight payable as per Charter Party" can only mean that a CPBL has to be presented. Therefore, there is not a scintilla of merit in the 'discrepancy'. …

Tagswhere-a-bill-of-lading-is-considered-to-be-a-chart

  • Share on Facebook
  • Share on Twitter
  • Share on Google+
  • Share on Reddit
  • Share on Pinterest
  • Share on Linkedin
  • Share on Tumblr

Previous article LC AVAILABLE WITH THE ISSUING BANK BY DEFERRED PAYMENT

Next article IRREVOCABILITY OF LETTER OF CREDIT

Mr Old Man

Dear Readers, My real name is Nguyen Huu Duc. I joined Vietcombank in 1991 and held various positions at the bank. I retired in 2021 as Deputy Director of Vietcombank Da Nang Branch. I have been involved in trade finance for more than 30 years. I am a trainer and a speaker at seminars and workshops on issues and topics relating to trade finance operations. I am a frequent writer for banking and financial magazines in Vietnam. I am also known as Mr. Old Man, the owner of the blog https://nhducdng.wordpress.com Last but not least, I am a man who is addicted to cycling. So, you can find my articles not only about letters of credit and trade finance but also about cycling. I hope my website is helpful and you enjoy it! Best regards, Mr. Old Man

ZetsuPosts: 1Joined: Mon Apr 22, 2019 3:47 pmFirst Name: ZetsuLast Name: FergOrganization: TelcoFilter: Two Plus Two =: 4Location: London

  • Quote

by Zetsu » Mon Apr 22, 2019 3:52 pm

Hello all,

Triangulation process: Supplier in Russia, our company in UK & customer is in Australia.

We are sourcing the freight as per CP - which states the the freight is payable from our company to owners 7 banking days after loading is complete.

We just received a draft bill of lading which has the following quote; "FREIGHT PAYABLE AS PER CP ".

Customer in Aus is requesting to change the quote to freight prepaid. LC not issued/not related to this discussion...

Is the customer correct in requesting this change?

Thank you in advance.
Zetsu

NaviPosts: 362Joined: Mon Jun 23, 2008 4:17 pmFirst Name: OlcayLast Name: ÖzcanOrganization: BankFilter: Two Plus Two =: 4Location: Turkey

  • Quote

by Navi » Wed Apr 24, 2019 2:06 pm

While arranging charter party shipment, freight generally not paid at the time of issuing document and i/o marking "freight prepaid",, mostly "freight payable as per charter party" is requested by beneficiaries.

The charter party contract is between the charterer and the shipowner. In case of dispute between the charterer and the shipowner (for example payment of freight), the shipowner may claim to the goods. Maybe, thats the reason why the
buyer wants to be sure of freight already paid.

When Freight Payable question is answered in the Charterparty. Charterparty may specify that when the freight is going to be paid.

If Charterparty does not specify when the freight is payable, then it is legally interpreted that freight is a reward payable upon arrival of the goods at their destination, ready to be delivered in merchantable condition. If freight is not paid, then the receiver is not entitled to take delivery of the goods.

Voyage Freight may be paid:
  • Fully Prepaid
  • Upon reaching the destination, such as “upon right and true delivery”
  • During a Ship’s Voyage, such as “within five banking days of signing and releasing bills of lading”
  • At the destination but prior to discharge, such as “Before Breaking Bulk” (BBB)

 

 Risk of Cargo Loss:

If Charterparty stipulates that

  • Freight is deemed earned upon loading
  • Freight is payable on shipment

then the risk associated with the loss of the cargo shifts to the charterer. Furthermore, charterer is also liable to pay the freight in full. In case the Charterparty stipulates that freight is to be paid as a single lump sum payment, the shipowner is entitled to full freight even upon delivery of a part cargo. Charterers are obliged to pay freight even when the ship failed to arrive at the discharge port due to perils of the sea.

In many cases, carriers insert a clause in the Charterparty “freight deemed earned upon loading, discountless and nonreturnable, cargo and/or ship lost or not lost”. Abbreviation for this clause:

FDEDANRSAOCLONL: Freight Deemed Earned, Discountless And Non-Returnable Ship And Or Cargo Lost Or Not Lost

This clause protects the interests of the carrier in the event of a total loss of the ship.

Calculating Freight:

Freight is paid against the quantity of cargo loaded i.e. Bill of Lading (B/L) quantity on a tonnage basis and occasionally in accordance with cargo volume or ship capacity such as:

  • available cubic capacity
  • cubic quantity of cargo loaded

A margin is often negotiated to facilitate the maximization of the ship’s capacity by the shipowner.

For example, one hundred thousand tons of iron ore in bulk “10% More or Less Owner’s Option” (MOLOO). This wording gives the flexibility to the Ship Master to maximize cargo intake depending on the bunkers remaining on board. Sometimes the word about is inserted in the relevant charter party contract. The word about is legally construed to mean within the reasonable margin of 10 percent (10%).

If the word about is replaced by the phrase Without Guarantee (WOG), it means that there is no guarantee that the cargo can be of any size. If a margin is stated, such as 100,000/105,000 mtons, then the cargo to be loaded must be between one hundred thousand and one hundred five thousand mtons. If it is difficult to calculate the exact amount of the commodity to be loaded, freight may be paid on a lump sum basis according to the ship’s capacity.

The Physical Payment of Freight

In terms of the physical payment of freight, the money is paid in an account stipulated by the shipowner. The transfer must occur within the time period stipulated in the contract to avoid delays and possible complications.

Although in most occasions freight may be payable in advance, it is unlikely that the shipowner will receive the full sum prior to the vessel reaching its destination.

It is quite common for 90 percent of the freight to be paid before or during the voyage and the remaining 10 percent settled upon the completion of discharge together with adjustment for demurrage or dispatch owned by one party or the other.

How is freight paid on a voyage charter?

Payment of voyage charters can be done in two methods – on a per-ton basis, or on a lump-sum basis. The per-ton basis involves paying the owner for every ton of cargo or freight transported on the vessel. This is preferred when the cargo tonnage is considerably lower than the gross maximum cargo tonnage of the vessel.

What is charter party bill of lading?

Charter Party Bills of Lading (CPBL's) are bills of lading that are issued subject to the terms and conditions of a charter party. A CPBL is synonymous with commodity or bulk shipment cargoes.

What is freight payable?

Freight Payable means any and all freight or other charges payable to a Freight Carrier in respect of transportation services provided by such Freight Carrier pursuant to a Freight Carrier Document or otherwise.

What are the three 3 main types of charter parties?

There are three main types of charterparty: time, voyage and demise and another. In a demise (or bareboat) charter, the charterer takes responsibility for the crewing and maintenance of the ship during the time of the charter. He assumes the legal responsibilities of the owner, and is known as a disponent owner.