176. Construction of exceptions and terms in charterparty.

Where exceptions and terms1 in a charterparty are ambiguous2 and are inserted by one party for his benefit3, to the charterparty, such exceptions and terms are traditionally, under the so-called contra preferentem rule, construed against that party4. Thus, a term that the shipowner is not to be liable for damage capable of being covered by insurance has been held not to cover theft of the goods5, or damage attributable to negligence6, or to the unseaworthiness of the ship