Key Principles and Definitions Flashcards

1
Q

What key information must be included in a laytime calculation?

A

Arrival time, NOR tendering time, laytime commencement, loading periods, delays (e.g. weather, technical), weekends/holidays, and any exceptions.

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2
Q

When does laytime commence if NOR is given after noon?

A

At 0700 hours the next working day.

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3
Q

What is the common mistake students make regarding weekends in laytime?

A

Incorrectly including or excluding weekends without considering charter party terms (e.g. FHEX clauses).

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4
Q

What are the four typical disbursement accounts in a port call?

A

Owner’s account, Charterer’s account, Crew Manager’s account, Cargo Interest/Receiver’s account.

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5
Q

What type of expenses are typically listed under the Owner’s account?

A

Port dues, agency fees, bunkering costs, stores, and pilotage.

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6
Q

Which ports are typically used for grain exports in South America?

A

Rosario (Argentina) and Paranaguá (Brazil).

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7
Q

Which vessel types are most appropriate for grain trade?

A

Handysize or Panamax bulk carriers.

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8
Q

What are the key P&I insurance needs of a port agent?

A

Errors and omissions coverage, breach of warranty of authority cover, cash handling risks.

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9
Q

Why is it incorrect to say that a shipowner’s P&I club covers the agent?

A

Because the agent must arrange their own professional indemnity cover - P&I for owners does not extend to agents.

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10
Q

Name five certificates a ship’s Master would present to the agent.

A

Load Line Certificate, Safety Equipment Certificate, IOPP Certificate, Class Certificate, Deratisation Certificate.

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11
Q

What is the purpose of the Load Line Certificate?

A

To ensure the vessel is not overloaded and complies with stability regulations.

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12
Q

Define General Average.

A

A principle where all parties in a sea venture proportionally share losses resulting from voluntary sacrifice to save the voyage.

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13
Q

What documents are needed for cargo release under General Average?

A

Average Bond and Guarantee from cargo receivers.

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14
Q

What are the three functions of a Bill of Lading?

A

It serves as a receipt of goods, evidence of the contract of carriage, and a document of title.

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15
Q

What is a common solution if a Master refuses to sign a clean B/L?

A

Issue a claused B/L or provide a Letter of Indemnity with charterers agreement.

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16
Q

What does ‘As agent only’ mean in port agency?

A

The agent acts on behalf of a disclosed principal and avoids personal liability.

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17
Q

What is a breach of warranty of authority?

A

When an agent exceeds their actual authority, causing loss to a third party who relied on that authority.

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18
Q

What should a formal agency proposal include?

A

Company background, operational capabilities, compliance (ISO/QHSE), contact details, and added value services.

19
Q

What are examples of added value services in port agency?

A

Crew changes, husbandry, customs clearance, spares delivery, local transport arrangements.

20
Q

What does WIFPON stand for?

A

Whether in Free Pratique or Not – affects NOR validity.

21
Q

What does BWAD stand for?

A

Both Weather and Always Accessible – affects laytime exclusions.

22
Q

What does NAABSA stand for?

A

Not Always Afloat But Safely Aground – vessel may safely sit on bottom at berth.

23
Q

What is ARAG?

A

Antwerp-Rotterdam-Amsterdam-Ghent – a common European routing abbreviation.

24
Q

What is Notice of Readiness (NOR) and when is it valid under common charter party clauses?

A

Notice of Readiness (NOR) is a declaration by the Master that the vessel is ready in all respects to load or discharge cargo. It’s only valid if given during working hours, after the vessel is at the contractual place (e.g., berth or anchorage), and free pratique has been granted or not required (WIFPON).

25
In laytime calculations, how should delays caused by rain be treated?
If the charter party specifies 'weather working days,' any period where rain prevents loading/unloading is excluded from laytime. These delays must be documented in the Statement of Facts.
26
What is the effect of the clause: 'Time from 1700 Friday to 0800 Monday not to count unless used, but half time used to count'?
This means weekends do not count towards laytime unless work is done. If used, only 50% of actual time worked is counted towards laytime, unless the vessel is already on demurrage.
27
How is despatch money calculated, and when is it applicable?
Despatch is earned when loading/discharging finishes ahead of the allowed laytime. It is calculated as half the demurrage rate multiplied by the laytime saved, prorated if needed.
28
Define 'General Average' and name five keywords associated with it that should appear in an exam answer.
General Average is the equitable sharing of loss where a voluntary sacrifice is made to save a maritime venture. Key terms: 'voluntary sacrifice', 'common adventure', 'York-Antwerp Rules', 'proportionate share', 'GA bond/guarantee'.
29
What is the role of the port agent in a General Average situation?
The port agent facilitates contact with the Average Adjuster, ensures collection of General Average Bonds and Guarantees from cargo interests, arranges any necessary documentation, and helps release cargo at the port of refuge.
30
What must be included in a full port call disbursement for a charterer?
Charges related to stevedoring, berth hire, shifting charges, and any port expenses contractually passed to the charterer under the C/P terms.
31
Why is it essential to separate crew manager expenses into a dedicated disbursement account?
To accurately charge expenses related to crew changes, visas, transport, and medicals to the crew manager rather than shipowner or charterer, ensuring financial clarity and reducing disputes.
32
What are the agent's options when a Master refuses to sign Bills of Lading due to rust-stained steel?
The agent may: a) issue a claused B/L noting the rust; b) obtain a Letter of Indemnity from the charterer; c) advise reloading/replacement; d) mediate between master and charterers. Any action must avoid exposing the agent to liability.
33
Why might a Master refuse to open the vessel's hatches if no original B/L is presented?
Without an original B/L, there is no legal proof of title to the cargo. Discharging without one may expose the owner to claims. The Master is protecting the owner's rights and avoiding misdelivery.
34
List three types of coverage a port agent should have and why.
1) Errors and Omissions (E&O) covers professional mistakes; 2) Cash Handling cover for loss of funds in transit; 3) Breach of Warranty of Authority protects when acting outside granted authority.
35
Give an example of breach of warranty of authority in a port agency context.
If an agent accepts a vessel for a port that cannot accommodate it (e.g., beam exceeds lock gate limits), and charterers rely on that acceptance, the agent may be liable for resulting costs.
36
What is the purpose of the International Tonnage Certificate?
It records the vessel's gross and net tonnage as defined by the International Convention on Tonnage Measurement, used for port dues and regulatory purposes.
37
What is the Deratisation Certificate and when is it required?
It certifies that the vessel has been inspected and is free of rats and vermin. It is mandatory for international port calls under WHO regulations.
38
What makes a strong formal agency proposal for a tanker client?
It includes: company history, past experience in tanker trades, compliance certificates (e.g., ISO, QHSE), fees, operational capabilities, crew/husbandry services, emergency response, and added value options.
39
What are common mistakes in exam proposals for agency services?
Failing to use formal tone, omitting company credentials, ignoring client-specific needs, and providing generic rather than tailored value-added services.
40
What is FHEX and how does it impact laytime?
FHEX: Fridays, Holidays Excepted - time on these days does not count towards laytime unless expressly worked.
41
Explain the term CHOPT and give an example.
CHOPT: Charterer's Option - the charterer has discretion within agreed terms. For example, they may choose 1 or 2 ports for discharge, at their option.
42
Which vessel type is typically used for transporting LNG and why?
LNG is carried in highly specialised, insulated tanks (not pressurised). Typical vessels are Moss-type or membrane-type LNG carriers, with capacities of 120,000-266,000 cbm. They must maintain cargo at -162°C.
43
Why is using a Capesize vessel for grain trade generally incorrect?
Grain trades typically use Handysize to Panamax vessels due to draft limitations and port infrastructure. Capesize bulkers are too large for most grain export terminals.
44
What are the key techniques to improve cash flow in a port agency business?
1) Secure advance funding (pro forma disbursement); 2) Prompt invoicing and follow-up; 3) Tight control of debtors and creditors; 4) Minimise credit terms. Examiners note confusion between cash flow and profitability - increasing sales alone does not improve cash flow.