234. Scope of exception in charterparty covering cause of delay or failure.

An exception may be so framed as to apply not only to loading but also to preliminary matters preceding the loading1 such as delay or failure in procuring the cargo2 or in its transportation to the place of loading3. But such exceptions presumptively only cover the case where either a particular source of supply is specified4 in the charterparty5, or the charterer can show that all available sources of supply or transportation were equally affected by the excepted peril6. Further, they will not apply where delay is due to the charterer's failure to take reasonable steps to avoid the