On Deck Shipment

Responsibility for on-deck shipments in maritime transportation lies with shipowners, who must deliver cargo safely. Although carriage contracts may exclude liability for on-deck cargo, Hague-Visby rules may still apply in respected caluses are placed on B/L and/or C/P properly.

Properly limiting liability is crucial for shipowners, who must ensure the vessel’s seaworthiness and supervise lashing operations. Failure to transport cargo as stated in documents may result in liability for the carrier, while insurers may limit coverage for on-deck cargo. The carrier’s ability to limit liability is subject to circumstances and contractual limitations.

Ship deck cargo, also known as on-deck cargo, is loaded, stuffed, or placed on the vessel’s deck instead of loading it into the closed holds. This means that under the respected contracts such as the contract of carriage and charter party, both parties have agreed on the transportation of the cargo on the deck of the vessel, in its open area, exposed to weather conditions.

Ship deck cargo encompasses a diverse range of goods transported on the open deck of a vessel, offering versatility and practicality in maritime logistics. Examples of ship deck cargo include project cargo, consisting of large and heavy components for industrial ventures like wind turbine blades or bridge sections.

Additionally, smaller sea vehicles such as yachts and boats are commonly transported on deck, utilizing specialized cradles or securing systems for stability. Heavy machinery and equipment, such as industrial generators or construction gear, may also be carried as deck cargo due to their size and weight. Shipping containers, vehicles like cars and trucks, and traditional breakbulk cargo such as lumber or steel are other examples of items frequently transported on deck. While the on-deck transport method presents challenges like exposure to weather conditions and potential damage from handling operations, proper securing and management practices are essential to mitigate risks and ensure the safe delivery of goods to their destination.

UCP 600 is a set of rules created by the International Chamber of Commerce (ICC) for letters of credit. It governs how letters of credit are issued and managed. It aims to standardize international trade, reduce discrepancies, and facilitate smooth transactions between exporters and importers.

UCP 600, introduced in 2007, sets rules for international trade transactions to ensure all parties follow the same procedures. This framework reduces misunderstandings and disputes, making global trade more efficient and reliable.

UCP 600 explains what banks are supposed to do. It also clarifies terms and conditions. Additionally, it describes how document examination and dispute resolution processes work.

UCP 600 Article 26 says transport documents cannot say goods will be on deck, but can say goods may be on deck. The term “on deck” means placing cargo on or above a ship’s deck, exposing it to weather and sea journey risks. This might be necessary for oversized or hazardous materials.

While containerized shipments are typically above deck, bills of lading usually do not state “goods shipped on deck.” However, you should note this term carefully due to potential legal uncertainties if it appears.

Banks previously accepted bills of lading with on-deck stowage for special goods if the proper insurance was provided.

ICC Opinions, like TA827rev, clarify that copies of bills are not deemed incorrect. This is because Article 26 specifically pertains to original transport documents. Perishable cargo on deck must be marked. If not allowed by the credit, refuse those bills.