One TCT via ECSA to South East Asia: The Grain Clause Every Operator Must Master

 🌾 One TCT via ECSA to South East Asia: The Grain Clause Every Operator Must Master

❓ Did you know that a single trade route clause can decide whether your vessel makes money or suffers losses?
❓ Are you aware that “always afloat except where customary” could expose you to unexpected risks at river ports?
❓ And do you know why Owners and Charterers often clash over geographical ranges and safe port warranties in such clauses?

If any of these questions made you pause, then this blog is for you. 🚢

 

🔎 Clause Breakdown – What Does It Really Mean?

The Clause:

“1 TCT via ECSA to South East Asia (Singapore/Malaysia/Thailand/Indonesia) range with grains in bulk always via SPS SBS SAS AWIWL and always afloat except for places where it is customary for similar size vsls to lie safely aground but as a minimum full Argentina, Brazil, Uruguay and Colombia.”

In simple shipping English:

• “1 TCT via ECSA” → A single time charter trip, starting in East Coast South America.
• “to South East Asia range” → Broad delivery scope: Singapore, Malaysia, Thailand, or Indonesia.
• “with grains in bulk” → Cargo fixed as grains (soybeans, maize, wheat).
• “always via SPS SBS SAS AWIWL” → Safe port / safe berth / safe anchorage warranties, always within Institute Warranty Limits.
• “always afloat except for customary aground” → Vessel must remain afloat unless it is customary and safe for vessels of similar size to rest aground (common in Argentina’s Paraná River).
• “as a minimum full Argentina, Brazil, Uruguay and Colombia” → Charterers extend load range to cover all key ECSA exporting nations.

 

⚖️ Why Is This Clause Important?

1. Route & Employment Certainty – Defines where the vessel trades and what it carries.
2. Safe Port Protection – SPS/SBS ensures Owners aren’t pushed into unsafe ports.
3. Draft & Afloat Issues – Balances safety with operational reality of shallow rivers.
4. Flexibility for Charterers – Broad range = more cargo choices, but adds exposure for Owners.

 

📌 Real-Life Scenarios

• The Paranagua Problem 🛑
  A Panamax called at Paranagua (Brazil). Delays at anchorage plus draft restrictions forced Owners into costly lightering. With “full Brazil” wording, Charterers argued it was within rights. Owners had little ground to claim extra.
• The Rosario Aground Case ⚓
  On the Paraná River, Panamaxes routinely rest aground during loading. Without the “customary aground” phrase, Owners could claim breach of “always afloat.” With it, Charterers are protected.
• The Wide Range Trap 🌍
  Including Colombia may appear harmless, but deviation to Barranquilla adds miles and risks. Owners must factor this when fixing.

 

🧭 Practical Guidance

For Owners:
✅ Assess ranges carefully; price extra risks.
✅ Check specs vs. river draft limits.
✅ Keep “safe port/safe berth” protections intact.

For Charterers:
✅ Keep ranges broad to maximize flexibility.
✅ Define “customary aground” clearly.
✅ Use AWIWL wording to avoid insurance issues.

For Operators:
✅ Track grain seasons in ECSA.
✅ Monitor draft restrictions and update voyage estimates.
✅ Guide Masters on what “customary aground” means at ports like Rosario or San Lorenzo.

 

🌟 Conclusion – Grain Clauses Are More Than Words

This clause isn’t just legal jargon—it shapes the voyage. From where you load, how you float, and where you discharge, every phrase carries commercial, legal, and operational weight.

In shipping, clauses are like compass needles: one degree off, and your voyage may end far from your intended course. ⚓

👉 So, next time you negotiate “1 TCT via ECSA to South East Asia,” read it not just as a line in the CP but as the roadmap for your voyage’s success.

💬 What’s your experience with “customary aground” ports or wide ranges in ECSA? Share your thoughts—your story could help a fellow mariner.

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⚠️ Disclaimer: This blog is for educational and informational purposes only. It does not constitute legal advice. For specific cases, always consult qualified maritime legal professionals.