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Simple English definitions for legal terms
safe-berth clause
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A quick definition of safe-berth clause:
A safe-berth clause is a rule in maritime law that requires the person who charters a ship to choose a safe place for the ship to load and unload its cargo. If the ship's captain thinks the chosen place is not safe, they can refuse to go there without breaking the agreement. However, if the captain agrees to go there and the ship gets damaged, the person who chartered the ship is responsible for the damage. This is different from a safe-port clause, which is another rule that requires the port itself to be safe.
A more thorough explanation:
A safe-berth clause is a provision in a voyage or time charterparty that requires the charterer to select a berth for loading and unloading the chartered ship where the ship will be safe from damage. This clause is a part of maritime law.
For instance, if a charterer hires a ship to transport goods, the safe-berth clause obligates the charterer to choose a berth that is safe for the ship to dock and unload the goods. If the ship's master reasonably enters the berth and the ship is damaged, the charterer is liable for the damages.
The safe-berth clause is different from the safe-port clause, which obligates the charterer to choose a safe port for the ship to dock. The safe-berth clause only applies to the berth where the ship will load or unload the goods.
For example, suppose a charterer hires a ship to transport oil. The safe-berth clause obligates the charterer to choose a berth that is safe for the ship to dock and unload the oil. If the charterer selects a berth that is not safe, and the ship is damaged during the unloading process, the charterer is responsible for the damages.