A question has come up with my latest group of brilliant students partaking in the popular VS DRY CARGO CHARTERING AND SHIPBROKING CERTIFICATE.
There was some confusion between the terms 'charterer' and 'shipper' - specifically when talking about the idea of 'deadfreight'.
To make things simple - the first distinction I need to state is that as a shipbroker and dry dry cargo shipping specialists contracts are
always between 'charterers' and 'shipowners'. In other words for the purpose of a contract the word 'shipper' is irrelevant. Many think they can use the word 'shipper' and 'charterer' in substitution but you cannot. Shipper is not a word we use when discussing the commercial aspects a charter agreement.
Lets break it down...
A shipper is the party who supplies the raw materials to be shipped. They may or may not be the charterer.
EG...An African Mine sells it minerals to China. The Chinese customer buys basis fob and hence arranges the shipping.
Who is the charterer? Answer........The Chinese mine
Who is the shipper? Answer...........the African mine.
So in the charterparty the contract is between the Chinese mine (as the charterer) and the shipowner. The African mine is not a signatory to the shipping contract.
What complicates things a little is that in many cases the shipper is 'also' the charterer
EG An African mine sells it minerals to China. The Chinese client buys CNF and hence leaves the Africans to arrange the shipping. In this case the African mine is both the Shipper and the Charterer.
These distinctions can get even more complicated. Consider this scenario.
- African mine produces the minerals
- African mine has marketing agreement with large trading house eg Bunge which agrees to buy and sell all of the mines product on an exclusive basis
- Bunge sells the minerals CNF to Chinese Trading house (bunge organises the freight)
- Bunge is now the charterer and engages the services of a shipowner.
- Prior to ship arriving in China - Chinese trading house then sells the product to final user of the mineral (could be a steel company for example).
Above highlights the complicated nature of commodity transactions. But i like to keep things simple. Good rule for young shipbrokers.....avoid using the word shipper and only use the word 'charterer' when talking about the company that controls the cargo!
Hope this explains....if there are any questions then shoot!
VS