Cargo retention. In the event that any cargo remains on board upon completion of discharge, the Charterers shall have the right to deduct from hire an amount equal to the FOB port loading value of such cargo plus voyage freight due with respect thereto provided that the volume of cargo remaining on board is pumpable and reachable by the vessel’s fixed pumps, or would have been pumpable and reachable but for the fault or negligence of the Owners, the Master, the vessel or her crew, as determined by an independent surveyor appointed by the Charterers and acceptable to both the Owners and the Charterers, whose findings shall be final and binding. Any action or lack of action in accordance with this provision shall be without prejudice to any rights or obligations of the Charterers. For the purposes of this clause, any surveyor from an internationally reputable surveyor company shall be considered acceptable to both the Owners and the Charterers.
Cargo retention. A. In the event that liquid cargo remains on board upon completion of discharge Charterers shall have the right to deduct from hire an amount equal to the fob port of loading cost of such cargo plus its pro rata cost of freight and insurance unless such cargo is unpumpable or unreachable by the vessel’s fixed pumps.
Cargo retention. In the event that any cargo remains on board upon completion of final discharge, Charterer shall have the right to invoice an amount equal to the CNF port of discharge value of such cargo plus freight due with respect thereto provided that the volume of cargo remaining on board is liquid and pumpable and reachable by Vessels’ fixed equipment (or would have been but for the fault or negligence of the Owner, Master, Vessel or her crew including non-compliance with cargo heating requirements as set forth in this charter party and/or voyage instructions) as determined by a qualified independent inspector. The findings of the aforementioned inspector, whether appointed by Charterer, cargo receiver, cargo Owner, or Owner, shall be binding on both
Cargo retention. A. IN-TRANSIT LOSS: Owner will not be liable for: (i) nonpumpable cargo not caused by the fault or neglect of Owner, the Provided Vessel, its Masters, Officers, or Crew and (ii) in-transit losses of less than [Confidential material omitted and filed separately with the Commission]% on clean cargoes and [Confidential material omitted and filed separately with the Commission]% on dirty cargoes carried, not caused by the fault or neglect of Owner, the Provided Vessel, its Masters, Officers, or Crew. The determination of any losses that may occur will be based on the agreed barge ullage or innage measurement/gauging at the loading or discharge ports as they may apply.
Cargo retention. In the event that any liquid, pumpable, reachable cargo remains on board upon completion of discharge, Charterers shall have the right to deduct from hire an amount equal to the FOB port of loading value of such cargo plus freight and insurance due with respect thereto, provided that the volume of cargo remaining on board is liquid and pumpable and reachable by vessel’s normal discharge equipments as determined by an independent cargo surveyor. Any action or lack of action in accordance with this clause shall be without prejudice to any rights or obligations of the parties non-liquid and/or un-pumpable remains shall not be considered as reachable cargo.
Cargo retention. 7. The company will grant itself the right of retention, on all the dispatched loads, in the case of nonpayment in full of the freights, rates or customs taxes and loads of any nature related to the transport or contracted, being able to retain everything and any dispatch until the payment of the expenses made, even being able to collect rate of permanence until the liquidation of the involved values is given.
