Grab It Right: Clause 42 and the Hidden Costs of Cargo Discharge

🚧 Grab It Right: Clause 42 and the Hidden Costs of Cargo Discharge

❓Think You Know Grab Discharge? Ask Yourself:

✅ Can Charterers use bulldozers in your vessel’s hold freely?
✅ Are Owners liable for grab damage to vessel fittings below cargo?
✅ Do you know how tank top strength governs bulldozer approval?

 

⚖️ Clause 42 – Grab Discharge: What It Really Means

Clause Summary

“Vessel has clear unobstructed holds fully suitable for grab discharge and any damage caused to any loose or exposed vessel's fittings lying beneath cargo in holds, accessible to a grab shall be for Owners' account. Charterers have the privilege of using bulldozers in the Vessel's holds, weight of same subject prior approval which not to be unreasonably withheld, but in any case, always in accordance with Vessel's tank top strength.”

🔍 What It Means:

• Holds must be “grab-friendly”:
  The vessel must be fit for grab discharge – i.e., no structural or physical hindrance to grab access.
• Owner’s risk if fittings are damaged:
  If any loose or exposed fittings beneath the cargo are accessible to the grab and get damaged, the Owner pays.
• Bulldozer use permitted—but controlled:
  Charterers may deploy bulldozers inside the holds, but:
• Requires prior approval from Owners (which must be reasonable)
• Must respect tank top strength limits

 

⚠️ Real-World Implications

✅ Examples:

• A grab operator damages a loose bilge cover—Owner’s problem.
• Charterers want to use a 10-ton bulldozer—approval can’t be refused arbitrarily, but must be denied if tank top isn’t strong enough.

❌ Common Pitfalls:

• Failing to document bulldozer weight and approval process
• Not clearly marking or removing vulnerable fittings before loading
• Assuming "unreasonably withheld" means no refusal allowed—tank top limits override everything

 

📚 Legal & Industry Perspective

• BIMCO Commentary:
  Most standard dry cargo charter parties include similar provisions. “Reasonable” is typically interpreted as commercially and structurally sound decision-making, not mere preference.
• Case Law Insight:
  In The Coral Seas (UK, 2012), Owner’s refusal to allow a bulldozer was upheld when tank top specs were exceeded—even though Charterers claimed delay losses.

 

✅ Actionable Steps for Stakeholders

🚢 For Owners:

• Conduct a pre-fixture survey to confirm grab suitability.
• Remove or secure all loose fittings under cargo stowage.
• Set a clear bulldozer approval process (with written tank top specs).

⚓ For Charterers:

• Confirm bulldozer specs (weight, dimensions) before requesting use.
• Document Owner’s approval (or refusal) clearly.
• Involve Master early to ensure safe grab operation planning.

🛠 For Operators/Managers:

• Include hold condition photos pre-loading.
• Educate vessel crew on liability scope under Clause 42.
• Maintain an “equipment under cargo” checklist for every voyage.

 

📣 Conclusion: Don’t Let Grab Operations Grab Your Profits

Grab discharge seems routine—until you're hit with unexpected repair bills or disputes. Clause 42 reminds us: clarity, communication, and care are vital to smooth operations.

🧭 Stay ahead of risk and ahead of your peers.

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⚠️ Disclaimer:

This blog is intended for general informational purposes only and does not constitute legal or technical advice. Always consult with your P&I Club, legal advisor, or technical superintendent before taking actions based on charter party clauses.