It is well established that the Master is not compelled to sign "clean" bills of lading if the apparent order and condition of the cargo is such that appropriate remarks in the bill of lading in this respect would be warranted. BIMCO been confronted with disputes concerning signing of "clean" bills of lading even though the cargo loaded was defective. The charter parties contained provisions according to which "clean" bills of lading were to be issued/signed, and it would appear that charterers thought that they could circumvent the general position briefly outlined above, by including such provisions in the charter party. In other words, since the charter party contained clear words to the effect that "clean" bills of lading were to be issued, charterers held the view that the Master had no choice but to sign such bills of lading regardless of the actual apparent order and condition of the cargo. This is not, however, correct. The starting point is that, if charterers wish to have "clean" bills of lading issued, they must see to it that the cargo is in such condition that the Master will not have to put remarks as to the apparent order and condition of the cargo in the bills of ladi...
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