Backloading. On a voyage charter the charterer may wish to have the opportunity to load another cargo at a port of discharge and then discharge this second cargo at any discharge port in an agreed range of ports. Without a Backloading clause, charterers do not enjoy this option. An example from SHELLVOY 5 is given:
“Charterers may order the vessel to load a part cargo at any nominated discharging port, and to discharge such part cargo at a port(s) to be nominated by Charterer within the range specified in Part I(E) and within the rotation of the discharging ports previously nominated, provided that such part cargo is of the description specified in Part I (F) and that the master in his absolute discretion determines that this cargo can be loaded, segregated and discharged without risk of contamination by, or of, any other cargo remaining on board. Charterers shall pay a lumpsum freight in respect of such part cargo calculated at the demurrage rate specified in Pan I(J) on any additional time used by the vessel as a result of loading, carrying or discharging such part cargo.
Any additional expenses, including port charges, incurred as a result of loading or discharging such part cargo shall be for Charterers’ account.”
While this clause appears to be balanced in its effect on the two parties, and while the charterer is prepared to pay for the extra time taken in the cargo operation that was not originally contracted, it does not take into account the loss of time to the owner for his next charter, for example.
