Under the voyage charter, a safe berth is to be nominated by charterers. If the Master is fully aware of the berth being unsafe, he shall refuse to berth. At some ports, it’s a custom, that a vessel can’t be loaded without touching bottom (which can be soft clay), or during a low tide. In this clause the NAABSA is incorporated into the C/P and in case of any damage sustained by the vessel, Charterer’s are liable.