在索赔抗辩中，船东不能仅以船级证书来作为船舶适航的证明，这是公认的。仅以船级证书无法证明船东对船舶进行了适当的维护，也不能证明船东已经做到了恪尽职守来让船舶适航。国际船级社协会(IACS)规定：”…该船级证书不能被认为是，也不能被解释为对该船安全、适货和适航的保证。它仅仅用以证明船舶符合船级证书签发机构发布和更新的所有规则”。
由于船东的疏忽导致对第三方的责任，几乎没有让船级社来承担责任的先例。
详细信息请参阅附件。
A class act?
Responsibility and liability of classification societies in ship sale and purchase transactions
It has been recognised that shipowners may not rely solely upon a Certificate of Class for their vessel as evidence of seaworthiness in defence of claims. A Certificate of Class does not represent independent verification that an owner has properly maintained his vessel, nor that he has exercised due diligence to make the vessel seaworthy. As stated by the International Association of Classification Societies (IACS): “…such a certificate does not imply, and should not be construed as, a warranty of safety, fitness for purpose or seaworthiness of the ship. It is an attestation only that the vessel is in compliance with the Rules that have been developed and published by the Society issuing the classification certificate.”
Rarely has a classification society been held responsible to compensate a third party for the omissions of the shipowner.
See attached file: GARD INSIGHT – A class act? Responsibility and liability of classification societies in ship sale and purchase transactions.pdf
