Safe Berth” vs Grounding Risk: What the Charter Party Really Protects

 🚢 “Safe Berth” vs Grounding Risk: What the Charter Party Really Protects

❓Three Yes/No Questions to Spark Curiosity

• Does a “safe berth” clause always protect the ship from berthing risks?
• Can a charterer be held liable if the vessel grounds at their nominated berth?
• Are you checking real-time berth safety before giving clearance?

 

⚓ Clause Breakdown: The Safe Berth Obligation & Grounding Concerns

In this post, we’ll break down the “Safe Berth Clause” and how it applies in real operations—especially when concerns arise about a vessel (TBN) potentially running aground at a nominated terminal.

🔍 What Is the Safe Berth Clause?

A typical clause in a voyage charter might read:

“The vessel shall be loaded and discharged at a safe place or wharf, which shall be reachable on arrival…”

In simple terms, charterers are responsible for nominating a berth that is safe for the vessel’s size and draft, under the conditions expected at the time of arrival.

 

⚠️ Real-World Relevance

Recently, a terminal expressed concern that a TBN vessel could run aground if berthed as planned. This raises the legal and operational question: Is the berth truly “safe”?

🔑 Key Legal Insight:

• The safe berth warranty is generally interpreted as an absolute obligation—not a duty of care.
• Precedents like The Eastern City established that if a nominated berth causes damage due to unsafe conditions (e.g., silting, shifting shoals), charterers can be held fully liable.
• If the risk was foreseeable or avoidable, the charterer’s duty is triggered.

 

⚓ Common Pitfalls

• Relying solely on historical soundings or previous port calls.
• Ignoring tide and under-keel clearance (UKC) during arrival planning.
• Assuming terminal acceptance = berth safety.
• Failing to notify insurers or P&I Club early.

 

✅ Practical Tips for Operators, Managers & Owners

1. Revisit Your Charter Party
   Ensure the “safe berth” clause is explicit and shifts responsibility where appropriate.
2. Coordinate with Terminals Actively
   When terminals raise safety doubts, take them seriously and avoid pushing for berthing without joint risk evaluation.
3. Request Updated Bathymetric Data
   Insist on latest soundings, sedimentation reports, and tide predictions before arrival.
4. Notify Charterers Formally
   If risk is evident, formally inform charterers in writing and record all communications.
5. Document Everything
   Keep a paper trail of all operational decisions, especially if the terminal or charterers pressurize for berthing.
6. Refer to BIMCO’s Commentary
   BIMCO advises enhanced due diligence in ports prone to rapid draft variation, especially for larger bulk carriers.

 

📣 Conclusion: Don’t Berth Blindly — Demand Safety First

The situation involving the TBN vessel is a real-world reminder that safety is a shared but clearly defined responsibility. When lives, cargo, and reputation are on the line, you must demand clarity, not just compliance.

🧭 Trust in your experience, use the clause to your advantage, and always verify berth conditions before proceeding.

 

🔔 Call to Action

If this blog helped you think critically about berth safety and charter party clauses, don’t keep it to yourself.
✅ Like, comment, and subscribe to ShipOpsInsight with Dattaram and share this blog with your ops, legal, and chartering colleagues.

 

⚠️ Disclaimer

This blog is intended for general educational purposes only. It is not legal or commercial advice. Always consult your company’s legal team, chartering department, or P&I Club for case-specific guidance. ShipOpsInsight and the author bear no liability for decisions made based on this content.