Monday, July 21, 2025

80K 10% MOLoo” — What It Really Means for Your ShipOps Decisions

  

🔍 “80K 10% MOLoo” — What It Really Means for Your ShipOps Decisions

Can you legally load slightly below the stated CP minimum?

Will adding trim correction weight (like hog/sag) help you meet the contract?

Do you risk breach by accepting Charterer’s loading plan "as is"?

 

Understanding the Clause: “80,000 MT 10% MOLoo”

In dry bulk shipping, cargo quantity clauses can make or break operational efficiency. Here, Charterers have nominated cargo as:

“80,000 MT 10% MOLoo”

Let’s break it down:

  • 80,000 MT – The nominated cargo quantity.
  • ±10% – Tolerance, at Charterers’ option (MOLoo = More Or Less, Owner’s Option).
  • MOLoo – Owner can load slightly more or less, but final say rests with Charterers.

So, cargo quantity may range from 72,000 MT to 88,000 MT, but Charterers decide. If they instruct minimum 72,000 MT, Owner must comply or risk breach.

 

⚠️ Practical Example from the Field

The Charterers have instructed:

“Please proceed with attached plan without hog/sag 150 MT, i.e. total 72,246 MT (72,096 + 150).”

What this means:

  • 72,096 MT cargo + 150 MT correction for trim/stability = 72,246 MT total.
  • Without hog/sag added, the actual cargo is under the CP minimum of 72,000 MT.
  • Owners must ensure that the cargo weight without correction is not below minimum CP quantity, or Charterers may allege shortloading.

 

🛑 Common Pitfalls

  • Confusing hog/sag (trim correction) with actual cargo loaded. Only the cargo weight counts toward CP obligation.
  • Assuming MOLoo means flexibility in Owner’s favor — but it’s at Charterer’s option.
  • Not challenging unclear instructions early — leading to legal claims later.

 

📚 Relevant Guidance

  • BIMCO Commentary: MOLoo clauses must be clearly defined, especially regarding measurement basis (shore scale vs draft survey) and correction factors.
  • Case Law: The Flintermar [2009] reinforced that loading below minimum under CP (even marginally) can trigger cargo claim and damages.

 

Actionable Steps for Operators, Managers, Owners, and Charterers

  1. Clarify in writing with Charterers if any part of quantity (like hog/sag) is to be excluded from CP minimum.
  2. Ensure draft survey reflects true cargo quantity, not adjusted weight.
  3. Avoid accepting vague or incomplete instructions—seek clarity and reconfirm CP obligations.
  4. Educate onboard staff to differentiate between actual cargo vs corrected total.
  5. Document everything—especially CP terms, communications, and survey results.

 

🔚 Conclusion: Precision Matters in Performance

In the world of dry bulk operations, minor quantity differences can cause major disputes. Understanding clauses like “80K 10% MOLoo” is crucial to avoid costly misinterpretation.

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⚠️ Disclaimer:

This blog is for educational purposes only. It does not constitute legal or operational advice. Shipping professionals should consult with their legal/commercial advisors and refer to their specific charter party terms before taking action.

 

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