I’ve been trying to get my head around BIMCO supply time. Clause 14(f) reads: “Notwithstanding any other provision of this Charter Party to the contrary, the Charterers shall always be responsible for any losses, damages or liabilities suffered by the Owners’ Group, by the Charterers, or by third parties, with respect to the Vessel or other property, personal injury or death, pollution or otherwise, which losses, damages or liabilities are caused, directly or indirectly, as a result of the Vessel’s carriage of any hazardous or noxious substances in whatever form as ordered by the Charterers, and the Charterers shall defend, indemnify the Owners and hold the Owners harmless for any expense, loss or liability whatsoever or howsoever arising with respect to the carriage of hazardous or noxious substances”.
Furthermore, 15(a) says: “Except as otherwise stated provided for in Clause 18©(iii), the Owner shall be liable for, and agree to indemnify, defend and hold harmless the Charterers against all claims, costs, expenses, actions, proceedings, suits, demands and liabilities whatsoever arising out of actual or threatened pollution damage and the cost of cleanup or control thereof arising from acts of omissions of the Owners or their personnel which cause or allow discharge, spills or leaks from the Vessel, except as may emanate from Cargo therein or thereon”.
I’m seeing a fundamental conflict here. Imagine a case where a vessel meets an accident and spills bunker (diesel) and causes pollution damage. Now, does that fact that Diesel is a hazardous substance indemnify the Owner (as per 14(f) ) from the damages as Diesel was required onboard in the first place as a result of the Charterer’s task requirement? Or does the Owner still hold responsibility as per Clause 15(a) ?