Be  Always  On  The  Alert  While  On  Time  Charter

時(shí)刻關(guān)注期租合同

(C-Captain A-Agent)

C: Good afternoon, agent. I was sent word you wanted to see me. What’s the problem?

下午好,！代理先生。聽說您要見我,，有什么事情嗎,？

A: Good afternoon, captain. I’ve been waiting for you. I was told that on you last trip the charterers gave you an illegitimate order against the charter party. You did right to refuse to act upon it. Will you please go into the details?

下午好,！船長,。我一直在等您。我聽說上一個(gè)航次你們的租家向您發(fā)出有違反租船合同的錯(cuò)誤指令,，您拒絕執(zhí)行它是正確的,。能告訴我有關(guān)的細(xì)節(jié)嗎？

C: As an agent, you know very well that almost every dispute involves a large sum in claims. In order to avoid possible complication, I then insisted on the charterers’ instructions being signed in written form.

作為代理,，您知道幾乎每一樁爭執(zhí)都會(huì)涉及索賠時(shí)的一大筆款項(xiàng),。為避免使事情復(fù)雜化，我堅(jiān)持租家的命令必須以書面形式出現(xiàn),。

A: Oh, you were right. Under such circumstances you didn’t hesitate to request confirmation in writing of the instruction which had been given to you only orally,

哦,，您是對的。在這種情況下,，對于他的口頭指令您毫不猶豫地要求他提供書面證明,。

C: It was quite natural to do so since the charter party stipulated that the charterers must give every instruction in written form.

這是很自然的，因?yàn)樽獯贤?guī)定租家必須以書面形式下達(dá)每一項(xiàng)指令,。

A: I was told by the stevedores that the steel pipes had been loaded in disorder without the required separation. Stacks of metal were piled up in a cross-cross way. The ends of the pipes of on stack were caught between stacks, and a large number of pipes were deformed during transportation.

裝卸工人告訴我說鋼管裝得非常亂，沒有按要求隔票,。金屬管交叉碼垛,，一垛鋼管的兩頭夾在其它垛中間，許多鋼管在運(yùn)輸過程中變形,。

C: I’m sorry to say that their allegation is entirely absurd, it was the stevedores who were liable for damage resulting from their incorrect methods of unloading metal. In regard to our loading, it was beyond reproach. The charterers’ representatives were in attendance on steel loading, and they can confirm that the cargo was stowed in compliance with the sea transportation regulations.

非常抱歉地說他們的指責(zé)是非?；奶频摹Ｑb卸工人應(yīng)對他們在卸金屬貨時(shí)采用不正確的方法所造成的貨損負(fù)責(zé),。至于我們的裝貨,，那是無可指責(zé)的。因?yàn)樵谘b鋼材時(shí),，租家的代表也在場,，他可以證明貨物是按照海上運(yùn)輸規(guī)則堆裝的。

A: According to what you just said it sounds reasonable, but can you present a spot statement of facts signed by the charterers for acknowledgement?

您所說的聽起來非常合理,，但您是否能提供一份由租家簽字認(rèn)可的現(xiàn)場事實(shí)記錄呢,？

C: Yes, of course, I’ve made it out to protect our ship-owners from the charterers’ damaged cargo claims. It reads as follows: “I, captain of the M/V HAIHE, hereby confirm that M/V HAIHE under my command, has completed loading in accordance with the charterers’ instructions and to their satisfaction. The stowage has also met their requirements. As to any objections to loaded tonnage or stowage, you are kindly requested to notify me at once, So that I may make the appropriate arrangements”.

是的，當(dāng)然可以,。為避免我船東受到租家貨損索賠,，我已備了一份文件。內(nèi)容如下：“我,，海河輪船長,，特此證明海河輪在我的指揮下,，已按照租家要求，另其滿意地完成裝貨,，積載也符合他們的要求,。至于在裝貨噸數(shù)和積載方面所持的異議，如能立即通知我們不勝感激,。這樣我可以做出適當(dāng)?shù)陌才?。?/span>

A: I’m convinced you’ll get rid of the blame placed by the charterers. But as to the case of a claim for short delivery, I don’t quite understand you. Captain, what prevented you from putting some remarks on the mate’s receipt at the port of loading?

我確信你們不會(huì)受到租家的責(zé)備,。但對于短卸的索賠,，我不十分了解。船長,，您為什么在裝貨港時(shí)不在大副收據(jù)上加批注呢,？

C: Because the charterers wrongly insisted on having no remarks put on the mate’s receipt, despite my request, as I was afraid the dispute would delay our sailing departure, I had prepared a protecting letter.

盡管我要求過，可租家錯(cuò)誤地堅(jiān)持不要在大副收據(jù)上做批注,。由于我擔(dān)心爭執(zhí)會(huì)耽誤我們的開航,，我已準(zhǔn)備好一份保護(hù)性信件。

A: What should the wording of such a letter be?

這樣一封信是怎樣措辭的呢,？

C: I wrote in the following manner:

  “Dear Sir,

   Failing to make appropriate remarks on the mate’s receipt due to objections of the charterers, I hereby do not hold myself responsible for any results that may be incurred by the above discrepancy in any circumstances.”

我是這樣寫的：

親愛的先生：

由于租家的反對,，未能在大副收據(jù)上加批注。現(xiàn)特此聲明本人對于在任何情況下由于上述分歧所導(dǎo)致的任何后果不負(fù)責(zé)任,?！?/span>

A: I suppose you did your utmost to obtain the signature of the responsible party but you failed to get it.

我想您已經(jīng)盡了最大努力去取得責(zé)任方的簽字，但您未能辦到,。

C: Yes, I should arrange for a competent surveyor to conduct a cargo condition survey.

是的,，我應(yīng)該安排一個(gè)權(quán)威的檢驗(yàn)師來對貨物情況進(jìn)行檢驗(yàn)。

A: I think it’s a good idea. I quit agree with you on this point.

我想這是個(gè)好主意,。在這點(diǎn)上我非常同意您的意見,。