Claim to be apportioned under this Agreement shall be the amount in fact borne by the party to the charterparty seeking apportionment, regardless of whether that claim may be or has been apportioned by application of this Agreement to another charterparty. Wonsild Liquid Carriers Ltd.
The BC Code also states that the instruments should be serviced and calibrated regularly and that shipsersonnel should be trained in their use. User or password incorrect!
Very clear words have to be used, and any ambiguity will be applied against the party seeking to rely on the provision.
This however is more properly a matter of the terms on which the agency for a ship will be accepted and, if the local agents require it, Owners may themselves have to arrange a Bank Guarantee to cover the agentsposition.
In the past some individual States have been prepared to accept the Federal certificate issued by the United States Coast Guard under the provisions of the Federal Water Pollution Act as satisfactory compliance with State law.