1. This section deals with ways of describing the cargo and the voyage. It is intended to give the master guidance where he is unable to obtain guidance from the ship owner. It may also assist the master in identifying what is a usual and what is an unusual situation.

 (a)    Some of the information in the bill of lading is within the master’s knowledge, for example, the port of shipment, the date of completion of loading of the parcel described in the bill of lading, and the date of issue of the bill of lading. If these facts are not correct the master should refused to sign the bill of lading.

(b)   Some information in the bill of lading may not be within the precise knowledge of the master, for example the quantity or weight or the actual condition of the goods loaded. The following rules may assist.

Quality
(i)   The master should if possible add words  ‘shipper’s figures’ or ‘shore figures’ to any statement as to quantity or weight on the bill of lading.

(ii)  If the master does not know the weight or quantity loaded (because there has been no opportunity for a tally or an accurate draught survey) then the words ‘weight and quantity unknown’ should be written alongside the figure.

(iii)   If the ship has its own figures and these differ from those in the bill of lading, then the ship’s figures should be written alongside the shipper’s figures; and / or the words ‘weight and quantity unknown’ added.

(iv)   If in situation (III) the master is not permitted to add the ship’s figures and if the difference between the shipper’s figures and the ship’s figures is more than could reasonably be explained by the practical imprecision of draught surveys or tallying then the master should follow (II) above.

 Condition
(v) Usually the master only knows the apparent condition of the cargo. Accordingly if he can see no apparent problem with the goods when loaded he should mark the bill of lading ‘received in apparent good order and condition’.

(vi)  If the master can see that the goods are damaged in some way then he should say so. A more difficult question is where the master thinks that the goods may be defective or substandard, for example because they appear dirty, or mixed with foreign particles or debris, or are discolored or odourous. He may need guidance.  If such comments are appropriate he should do his best to explain in ordinary language in writing on the face of the bill of lading what he believes is wrong with the condition of the cargo. If he requires to add an additional sheet of paper then he should state (in writing on the bill of lading) how may sheets of paper are attached to each bill of lading. He should seek guidance from the P&I club or its local correspondent or agent or from a surveyor as to the precise wording to be used.

(vii)  It is always useful to describe the nature of the packaging of goods, for example ‘in paper bags’ or ‘polythene sacks’. If these are torn or damage the bill of lading should say so, such as ‘about 457 bags torn’. If only a rough estimate can be made of the quantity damaged, however, this should be stated, for example ‘about 10% torn’ or ‘about 500 bags damaged’. Whether it is on the basis of a tally or on estimate, the master must have evidence to support his remarks.

(viii) Special clausings are after used for, for example, timber or steel cargos, and if possible the ship owner or the P&I club correspondent should be consulted.

(ix)  If in situation (vi) of (vii), the master is not permitted by the shipper or charterer to add comments which accurately describe apartment defects in the good or parking he should refuse to sign the bill of lading

quantity and condition
(x) The words ‘weight, measure, quantity, condition, contents and value unknown’ are useful and desirable words to add to a bill of lading if they are not already part of the printed from.

Quality
(xi)   The master need not describe the quality of the cargo .

(xii)  For the avoidance of doubt the master should place his signature and / or the ship’s stamp at the foot of the bill of lading only.