Stevedore damage clauses in time charters
How time charter forms allocate damage caused by stevedores to the charterers, the notice periods that condition the claim, and the survey and repair mechanics.
A stevedore damage clause makes the time charterers pay for damage to the vessel caused by the stevedores they employ, on condition that the master gives written notice within a stated period. NYPE 2015 Clause 37 requires notice within twenty-four hours of the occurrence, or for hidden damage by the time it could have been discovered with due diligence, and requires the notice to describe the damage and invite the charterers to appoint a surveyor. NYPE 93 Clause 35 allowed 48 hours after discovery.
The full article will cover the clause wordings across NYPE, BALTIME and the container forms, the notice trap that defeats most claims, hidden damage, the survey and repair process, the interaction with the Inter-Club Agreement where cargo is also damaged, and the treatment of time lost for repairs.