GUARANTEE OF WEIGHT (F.O.G.)
1. Inspection company undertake superintendence with Guarantee of Weight, against a commission to be agreed.
They thus guarantee the proper execution of the superintendence of weight at loading and at discharge performed by them or their representatives.
This Guarantee of Weight is, save agreements to the contrary, undertaken upon the following conditions for agricultural products carried by sea, and, where applicable, by river, rail and/or road.
These Conditions, on the other hand, do not apply to the Guarantee of Weight of liquids in bulk or in drums.
2. Any difference, either more or less, between the weight of the goods actually loaded and the weight ascertained at discharge, shall be for account of Inspection company, and is to be settled at the price upon which their commission has been collected. The method of weighing at loading and discharge and the weights ascertained must be agreed by Inspection company or their representatives.
3. The weight of loose collected, sweepings, damaged merchandise, goods abandoned, destroyed, irrecoverable, or discharged elsewhere than at the port of destination, and similarly the weight of any material extracted from the merchandise by cleaning, screening, drying, dust extraction, etc., is to be added to outturn weight.
4. The weighing at shipment must be effected simultaneously with the loading and at discharge concurrently with unloading. Nevertheless, when goods, in accordance with the custom of the port, are discharged unweighed either into lighters or on quay, weighing must be done within the time stipulated in the contract between sellers and buyers, or, failing such contractual stipulations, as per custom of the port, but in any case not later than 14 days after discharge.
When goods are weighed in bags, weighing must be done by drafts of at least 5 bags to the half-kilo, or bag by bag to the nearest 100 grammes.
5. The merchandise must, from time of weighing at loading until weighing at discharge, be continuously and effectively kept separate from any merchandise not covered by the Guarantee of Weight of Inspection company. In case of shipment in bags, these must either be of equalized weight, or be separately stowed, or carry a distinctive mark for each bill of lading.
Should Inspection company exceptionally waive the aforementioned stipulations or should separations be or become defective, principals agree to reimburse Inspection company any quantities due to Inspection company that might be irrecoverable under Pro Rata.
6. The loading operations must be carefully effected. Any loose must be recovered (bagged, if merchandise in bags is involved), and loaded with the rest of the cargo.
Bags must be in good condition and suitable for the voyage, to prevent leakage.
The use of hooks is forbidden. The same care must be taken at discharge, and during any intermediate manipulations until final weighing.
Any repairs to bags considered necessary by Inspection company as well as the recovery of loose, are to be effected for account of the goods.
7. Paragraphs 4, 5 and 6, where applicable, also apply to merchandise packed otherwise than in bags.
8. Weighing, loading, discharge and all other manipulations to which the merchandise is subjected shall be effected under the superintendence of the representatives of Inspection company who must be given sufficient notice, facilities and authority to witness these operations, including the inspection of the vessel's holds, where they consider this necessary and with the staff they consider appropriate.
If such manipulations are not executed during normal working hours, Inspection company will be entitled to recover from their principals the cost of attendance during overtime, night, week-end and holiday work.
9. Inspection company or their representatives will at their own expense supervise the weighing at loading and discharge.
All charges relating to loading, discharge, weighing, clearance, warehousing, etc., remain on the other hand for account of goods, as are likewise any watching expenses and disbursements made by virtue of paragraph 6.
10. The FOG commission is due to Inspection company when the Guarantee of Weight commences to operate. It is payable on the C.I.F. C+F or F.O.B. price of the merchandise as per prior agreement and is understood to be for direct transport under hatches and without thanshipment to the port of destination nominated.
11. In the event of non-compliance with paragraphs 4 and 10 , the Guarantee of Weight of Inspection company may be maintained against payment of a supplementary commission to be agreed. Inspection company however, unless previously agreed, do not extend their Guarantee of Weight to merchandise shipped on deck.
12. Inspection company are not responsible:
For missing packages, incorrect or disputed tally, wrong description, differences in quality or condition, for incorrect marks, wrong or late delivery, defective separations, mixtures, Pro Rata settlements, etc.
13. Inspection company retain the right to cancel their Guarantee of Weight:
A) when more than 25% of the quantity discharged is in a heated condition.
B) in those cases where there is a loss in weight or a shortage caused by an accident or by damage to the goods the consequences of which are not the responsibility of the underwriters and/or carriers and/or third parties.
C) when, unless previously agreed, the stipulations laid down in these general conditions have not been complied with.
When this right is exercised Inspection company will be entitled to collect from their principals their usual superintendence fees and will refund any balance of the guarantee commission.
14. Inspection company will be entitled to consider as final the weight guaranteed and their commission will remain earned:
A) in the event of the loss in weight or of the shortage being the responsibility of the underwriters and/or carriers and/or third parties.
However, Inspection company will bear the agreed deduction which may be officially made for normal voyage shrinkage.
B) in the event of a total loss and in all cases where the principals of Inspection company have the right to declare the weight of the provisional invoice as final.
15. All claims against underwriters, carriers and/or third parties as provided for in paragraphs 12, 13 and 14, must be introduced and pursued by shippers or the receivers, as the case may be.
16. Inspection company do not themselves insure the merchandise against marine or other risks. They will not arrange any insurance for account of their principals save by special written agreement. In this case, the insurance will be covered for account of principals with underwriters considered by Inspection company to be solvent, but without responsibility for Inspection company.
17. At the request of their principals, Inspection company will supply to them, for attachment to the documents, a certificate of Guarantee of Weight established to order. Inspection company will then settle only with the holder of this certificate against surrender of same.
Any disbursement made by virtue of the present general conditions and/or of the clauses of the certificate of guarantee of weight and which according to these General Conditions are not for account of Inspection company shall be refunded to them by their principals. This likewise applies to any surplus not recoverable from the buyers and quantities irrecoverable by Inspection company under Pro Rata statements.
18. Inspection company, if so stipulated in the contract and upon request, will draw and seal samples at discharge jointly with their principals' contractual counterparts.
In the event of damage being classified and manipulated, the expenses thereby incurred shall be for account of the sellers and/or buyers, as the case may be.
These General Conditions are governed by English law and any dispute as to their interpretation or arising out of their application, shall be submitted to arbitration in London in accordance with the terms of the Arbitration Acts 1950, 1975 and 1979 and any subsequent statutory modifications thereof.