UCP600 Article 26: On Deck, Shipper’s Load and Count, and Additional Charge

Article 26: “On Deck”, “Shipper’s Load and Count”, “Said by Shipper to Contain” and Charges Additional to Freight

Clause (a): On Deck

Explanation: A transport document must not indicate that the goods are or will be loaded on deck. However, a clause stating that the goods may be loaded on deck is acceptable. This distinction is important because it affects the security and condition of the cargo during transit. Goods loaded on deck are exposed to weather conditions and have a higher risk of damage.

Example:

  1. Not Acceptable: A Bill of Lading (B/L) with the clause “Goods are loaded on deck” will be rejected under UCP600 because it clearly states that the goods are placed on deck.
  2. Acceptable: A B/L with the clause “Goods may be loaded on deck” is acceptable. This implies a possibility without confirmation, thus complying with UCP600 requirements.

Clause (b): Shipper’s Load and Count / Said by Shipper to Contain

Explanation: A transport document bearing clauses such as “shipper’s load and count” and “said by shipper to contain” is acceptable. These phrases indicate that the details regarding the cargo’s quantity and contents are provided by the shipper and have not been verified by the carrier.

Example:

  1. Shipper’s Load and Count: A B/L states, “Goods loaded and counted by shipper.” This means the carrier has not verified the number of packages or their condition; this responsibility lies with the shipper.
  2. Said by Shipper to Contain: A B/L with the clause “Said by shipper to contain 100 cartons of electronics” indicates that the carrier relies on the shipper’s declaration regarding the contents of the shipment.

Clause (c): Charges Additional to Freight

Explanation: A transport document may bear a reference, by stamp or otherwise, to charges additional to the freight. This clause means that the document can mention extra costs that are not included in the freight charges, such as handling fees, customs duties, or insurance.

Example: A B/L includes a stamped note, “Additional charges: $200 for customs clearance and $150 for insurance.” This indicates that these costs are separate from the freight charges and must be borne by the shipper or consignee as specified.