If BOL is remarked by master and in during discharging receiver refused to take delivery.what action should b taken by master?
This is very unusual situation. Why would a shipper accept a Claused bill of lading at the load port if he did not agree with it ? Normally if the shipper has objection to the claused bill of lading, he will clear the matter with the ship owners at the load port itself.
The most importantduty of the master with respect to BOL is to reflect the accurate condition of the cargo in the bill of lading. When this involves clausing the bill of lading, master must ensure that all the parties involved are notified of this.
If the shipper has accepted the bill of lading, he has lost the right to question the claused bill of lading at the discharge port.
Let us assume that shipper somehow did not object to the claused bill of lading at the load port. And now at the discharge port he or the receiver is refusing to take delivery of the cargo.
As a master of the ship, the first duty is to tender Notice of Readiness. It is also advisable to re-tender the Notice of readiness every day till the time matter is not solved.
All these notice of readiness tendered each day need to be "without prejudice to the previous notice of readiness". It is important to have these wordings on the subsequent NORs sent each day.
What does this mean ? This means that all the notices sent each day does not mean that the previous notices are not valid.
Apart from this, Master must issued a letter of protest for these delays to the receivers.
Needless to say that owners need to be informed who will take up this matter with the shipper and receivers.
Any point that I am missing ?