A written contract by which a person (the charterer) hires from a shipowner, in return for the payment of freight, the use of his ship or part of it for the carriage of goods by sea. A charterparty by way of demise is one by which master and crew are the charterer’s servants for the duration of the charterparty. ….. [Baumwoll v. Furness (1893) AC 8.]
The bill of lading often contains the clause “all other conditions as per charter”. Such clause does not give the shipper notice of the whole contents of the charter party so as to make him liable to perform them. ….. [Abu Bakr Siddique vs. M.V. Aghia Talassini (1978) 30 DLR 94]
Where the charter is also the shipper, the rights of ship owner and charterer as such will be governed by the charter-party alone. The bill of lading cannot vary or add to the terms of the charter-party unless it contains an express provision to that effect. ….. [BCIC vs. MV Kavo Alkyon 38 DLR 209]