许多租家包括期租租家或程租租家，认为如果承租船舶上的货物是由租家或其姊妹公司所拥有的，承租人将不承担货损责任，所以他们一般会在其租家责任保险剔除货物责任，以节省保费。
事实上，租家的风险仍然存在。租家有可能被船东或其保赔险保险人追讨因为租家或其雇员的疏忽而产生的货物损失。
例如，期租租家从原船东租了一艘船运载自己的货物。租船合同是使用NYPE的格式。由船长签发提单。卸货后发现5000吨钢筋因在货舱内不当积载而损毁。
在这种情况下，货主（即期租租家）会向他们的货物保险人就已损毁的货物提出索赔。货物保险人在支付索赔后，将获得货主的代位权，然后向提单承运人(即原船东)寻求责任赔偿。
原船东，在解决货主的索赔后，会向船东保赔险保险人提出有关索赔。同样，原船东的保赔险保险人在支付船东该笔索赔后，原船东的保赔险保险人也将获得船东的代位权，然后根据NYPE租约第8条条款向期租租家寻求责任赔偿。NYPE租约第8条条款如下：
“Charterers are to load, stow and trim the cargo at their expense under the supervision of the Captain” .
租家因此将承担不当积载所产生的货物责任。
请注意，程租租家会遇到相同的责任。标准GENCON第5条条款规定：
“The cargo shall be brought into the holds, loaded stowed and/or trimmed and taken from the holds and discharged by the Charterers or their Agents, free of any risk, liability and expense whatsoever to the Owners” .
因此，即使承租船舶上的货物是由租家或其姊妹公司所拥有的，我们建议租家不应该于他们租家责任险内完全剔除货物责任，除非货主(即租家)获得其货物保险人的同意，放弃代位权向原船东或租家追讨责任赔偿。
我们在此亦提醒租家，如果与船东的租约已并入「保赔协会间协议2011」(Interclub Agreement 2011)，租家将需要应对船东的需求，针对有关的货物索赔出具担保，无论租家与船东是否已按「保赔协会间协议2011」(Interclub Agreement 2011)作出分摊。
以上由 ANDREW LIU & CO.,LTD 编译，应以英文为准！
详细信息请参阅附件。
Charterer is still in risk even though they are carrying their owned cargo
Many charterers, both time charterers and voyage charterers, think that if the cargoes on board of the chartered vessels are owned by the charterers or their sister companies, charterers will not be liable for the cargo damage, and so they will exclude cargo liability in their charterers liability cover in order to save the premium.
In fact charterers is still exposed to the risk of being sued by shipowner’s or their P&I insurers for the charterer’s liability to the damage to / loss of the cargo arising from the charterer’s and/or their servant’s negligence.
For example, a time charterer chartered a vessel from headowner to carry their own cargo. The charterparty of NYPE form was used. The bills of lading was issued and signed by ship master. After discharging, 5,000mt of steel bar was damaged due to improper stowage in cargo hold.
In this scenario, cargo owner (i.e. the time charterer) would raise their claim to their cargo insurer in respect of the damaged cargo. After paying the cargo claim, the cargo insurers would obtain the right of subrogation from the cargo owner and would then seek for recovery from the headowner who was the carrier on the bills of lading.
Headowner, after settling the cargo claims with the cargo owner, will claim for reimbursement from their P&I insurers. The headowner’s P&I insurer, after paying the cargo claim, would also obtain the right of subrogation from headowner and seek for recovery from the time charterer based on the clause 8 in the NYPE C/P terms:
“Charterers are to load, stow and trim the cargo at their expense under the supervision of the Captain”
The charterer would be liable to cargo damage arising from the improper stowage.
Please note that voyage charterer would encounter the same liability. Standard GENCON clause 5 provides that:
“The cargo shall be brought into the holds, loaded stowed and/or trimmed and taken from the holds and discharged by the Charterers or their Agents, free of any risk, liability and expense whatsoever to the Owners”
Therefore, we would recommend that charterers do not fully exclude their cargo liability even though they carry their owned cargo, unless they have obtained the cargo insurers agreement to waive their right of subrogation against headowner or charterers.
We would like to remind charterers that if Interclub Agreement 2011 is incorporated in the charterparty with headowner / disponent owner, charterers will need to response to the owner’s demand to security in respect of that cargo claim, regardless of whether the right to apportionment between the owner and charterers has arisen under the Interclub Agreement.
See attached file : ALCO20120027Charterer is still in risk even though they are carrying their owned cargo.pdf
