Monday, June 23, 2025

Intermediate Hold Cleaning Clause: Who Pays, Who Cleans — and Who's Liable?

 πŸ§½ “Intermediate Hold Cleaning Clause: Who Pays, Who Cleans — and Who's Liable?”

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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?

 

πŸ“œ 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:

 

πŸ” What the Clause Says (Simplified):

  • If Charterers require hold cleaning between cargoes, the vessel’s crew will assistif 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.

πŸ’Ό 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.

 

πŸ› ️ 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.

πŸ’Ό 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.

πŸ›³️ For Owners:

  • Train crew to provide customary assistance only, not guaranteed cleaning outcomes.
  • Clearly communicate limitations of vessel cleaning capacity and tools.

πŸ§‘‍πŸ’Ό For Managers:

  • Prepare templates or SOPs for intermediate cleaning clauses.
  • Clarify in pre-fixture discussions who handles disposal logistics and costs.

 

πŸ“Œ 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.

 

πŸ“£ Did this blog clarify your understanding of the intermediate cleaning clause?
πŸ’¬ Share your experience in the comments — ever had a cleaning dispute escalate mid-charter?

πŸ‘ Like, πŸ” share, and 🧭 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.

 

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