π§½ “Intermediate Hold Cleaning Clause: Who Pays, Who Cleans — and Who's Liable?”
❓Three Yes/No Questions to Spark
Curiosity
- Are
     you confident about who bears the cost and risk during hold cleaning
     between cargoes?
- Do
     you know what happens if your crew cleans the holds — and the inspection
     still fails?
- Have
     you ever had cleaning tools or chemical requirements derail a voyage?
π Clause Breakdown: More
Than Just a Muck Job
The Intermediate Hold Cleaning Clause is often
overlooked — until it triggers disputes. This clause outlines who’s
responsible for hold cleaning between cargoes, how it must be done,
who pays, and crucially, who’s accountable if the inspection fails.
Let’s break it down:
π What the Clause Says
(Simplified):
- If Charterers
     require hold cleaning between cargoes, the vessel’s crew will assist
     — if safe and allowed by shore authorities/unions.
- Charterers
     pay USD 700 per hold cleaned — even if it's only sweeping.
- Fresh
     water for washing must be supplied by Charterers.
- If crew
     cleans the holds:
- NO
      guarantee the holds will pass inspection.
- Owners
      are not liable for failure.
- If shore
     labor is needed, it’s:
- To
      be arranged and paid by Charterers
- Cleaning
      done on Charterers' time
- Chemical
     tools, detergents, pumps, etc. are not part of vessel’s standard
     equipment — Charterers must provide them.
- Charterers
     bear all costs/time/deviation for disposal of residues and wash
     water, as per MARPOL Annex V and other laws.
⚠️ Implications, Pitfalls &
Real-World Scenarios
⚠️ Implications:
- Financial
     Responsibility: Cleaning = Charterers' cost and time.
- Operational
     Risks: If crew cleans and fails, Owners can't be blamed.
- Environmental
     Compliance: MARPOL Annex V obligations must be met, especially for
     residues/disposal.
❌ Common Pitfalls:
- Assuming
     the vessel comes with all tools and chemicals needed.
- Blaming
     Owners for hold inspection failures after crew cleaning.
- Forgetting
     that disposal of wash water may involve port charges,
     regulation, and even voyage deviation.
πΌ Practical Example:
A charterer arranges for intermediate cleaning using
vessel’s crew. Holds are swept and washed, but a subsequent surveyor rejects
the holds for grain loading. The Charterer blames the Owner. Per this clause,
the Owner is not liable — because:
- Cleaning
     was crew-assisted (no guarantee),
- The
     cleaning tools and chemicals were insufficient (not Owner’s obligation),
- The
     survey rejection lies outside Owner’s accountability.
π ️ Actionable Steps for
Shipping Stakeholders
⚓ For Operators:
- Keep
     documentation of shore authority/unions' restrictions that prevent
     crew cleaning.
- Monitor
     that crew involvement remains safe and compliant with labor rules.
πΌ For Charterers:
- Budget
     and plan for shore labor if cleanliness standards are high.
- Always
     supply the required tools, detergents, and water.
- Never
     assume crew cleaning equals inspection-ready holds — plan
     accordingly.
- Be
     aware of port waste management regulations and MARPOL compliance.
π³️ For Owners:
- Train
     crew to provide customary assistance only, not guaranteed cleaning
     outcomes.
- Clearly
     communicate limitations of vessel cleaning capacity and tools.
π§πΌ For Managers:
- Prepare
     templates or SOPs for intermediate cleaning clauses.
- Clarify
     in pre-fixture discussions who handles disposal logistics and costs.
π Conclusion: Clear Holds
Require Clear Terms
Intermediate hold cleaning is more than a wash — it's a cost
center, a legal minefield, and a potential delay risk. The charter party
clause makes it crystal clear: Crew help, Charterers pay, Owners aren’t
liable for failed inspections.
Plan ahead, communicate early, and never assume
responsibility unless it’s written.
π£ Did this blog
clarify your understanding of the intermediate cleaning clause?
π¬
Share your experience in the comments — ever had a cleaning dispute escalate
mid-charter?
π Like, π
share, and π§ follow ShipOpsInsights with Dattaram
for sharper, smarter takes on charter party clauses and maritime operations.
⚖️ Disclaimer:
This blog is intended for educational and informational
purposes only. It does not constitute legal advice. Stakeholders should consult
with maritime legal professionals or chartering experts before relying on any
clause interpretation for decision-making.
 
No comments:
Post a Comment