247. Charterer excused where cause is expressly excepted by contract.

247.     Charterer excused where cause is expressly excepted by contract.

Where the delay or failure in loading is attributable to a cause expressly excepted by the contract, the charterer is not responsible1. The ordinary exceptions of the charterparty inserted for the protection of the charterer2 do not apply, unless the charterer is ready with his cargo3 and is in a position to commence the actual loading4. Thus, where the cargo is stored at a distance from the place of shipment and the charterer is prevented by an excepted peril from delivering the cargo, he is not excused