A vessel loads 5000 tons of manganese ore. The railroad cars that brought the ore to the vessel were previously loaded with iron ore so the ore is contaminated. The agent requests the Master to sign a Clean Bill of Lading and in return the shipper will give him a Letter of Indemnity. What is the best procedure to follow?
⢠Bill of Lading as a receipt and representation of cargo condition ⢠Masterās responsibility and liability for statements of fact on cargo documents ⢠Legal meaning and risk of signing a Clean Bill of Lading and the role of a Letter of Indemnity (LOI)
⢠If you know the cargo is contaminated, what does a āClean Bill of Ladingā legally state about the cargo? ⢠Who bears the legal and financial risk if the Bill of Ladingās description of the cargo is untrue, even if you have a Letter of Indemnity? ⢠Which option best protects the Master and the vessel from future claims, while remaining truthful about the cargoās actual condition?
⢠Verify what a Clean Bill of Lading implies about the apparent order and condition of the goods at loading. ⢠Consider whether a Letter of Indemnity can legally protect you if you knowingly sign a false document. ⢠Check which option allows you to remain truthful about the cargoās contamination and still comply with your duties as Master.
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