Hvr does not apply to deck cargoes then how are timber cargoes carried ?
Where goods are, with the shipper’s agreement, stowed on deck, the carrier (or the master or agent on his behalf) should issue a bill of lading expressly recording the fact that the goods are carried on deck (e.g. by a “STOWED ON DECK” endorsement on the face of the bill) so that there is no doubt as to the special risks of the carriage. Any innocent transferee or endorsee of the bill of lading acting in good faith (e.g. a bank or third party buyer) will then know the risks attaching to the goods. (It would be unfair to transfer a bill of lading relating to deck cargo without declaring to the transferee that the goods are on deck and may therefore be damaged.)
Where shippers and or charterers insist on the vessel
carrying such timber on the weather-deck, masters should
issue a clear note of protest, ensure that all mate%u2019s receipts
are claused accordingly, accept no letters of indemnity,
and instruct the local agents to clause the bills and act
accordingly.
Masters who allow themselves to be persuaded to do less
than is necessary in the line of stowage and securing
arrangements %u2013 for whatever reason %u2013 become everybody%u2019s
scapegoat when cargo is lost overboard, the ship%u2019s structural
seaworthiness is breached, and the port of refuge/re-stowage
/ship repair/deviation delay and legal costs come home to
roost. Stand your ground, and have things done properly.
Hague Visby Rules apply to the deck cargo when:the Bill of Lading bears a notation on its face referring to the fact that the cargo is stowed on deck but in addition to this contains a clause which provides that Hague Visby Rules apply to the deck cargo.
MMD / MCA ORALS MASTER EXAM
