All About Logistics - Seaworthiness of Vessels

Legal Definition
The legal definition of a seaworthy ship is, "one which is in a fit state as to repairs, equipment, crew, and in all other respects, to encounter the ordinary perils of the sea".
It is also necessary to note that the law does not require a shipowner to provide an immaculate or a perfect ship: the standard of seaworthiness is only one of reasonable fitness.

Concept: Seaworthiness ≠ safety
'Unsafe' is a wider concept, and seaworthiness is only one aspect of safety.
Safety = Seaworthiness + Conditions on board which affect human
Strictly speaking, seaworthiness should only concern matters impinging upon her ability to encounter the ordinary perils of the sea, as earlier described. The other category is concerned with conditions on board a ship which affect the health, safety and welfare of human lives.

4 Legal Categories
A) Fitness to Carry Cargo
- Fit to receive the cargo at the beginning of the loading + Fit to deliver along the agreed voyage
1) Obligation in proving suitable equipment and machinery to fit to carry the cargo
2) Ship must free from defects to ensure: safety of the ship + safety of the cargo

B) Time when Seaworthiness is Necessary
- when the ship leaves her moorings without the intention of returning to them
1) Before departure – vessel already unseaworthy – BREACH of contract – repair needs to be done
2) After departure - then only vessel becomes unseaworthy – NOT breach of contract – as there is no obligation to continue to be seaworthy

C) Legal Actions for Unseaworthiness
- Seaworthiness of vessel cannot be categorised as being "a condition" or "a warranty".
- Damage which connected/caused by the initial unseaworthiness – shipowner will be liable
Remedies (Condition) – monetary compensation + end of contract
Remedies (Warranty) - monetary compensation only

D) Burden of Proof (shipper must prove the vessel is seaworthiness)
- On the shipper

Source: http://www.findlaymarine.com/seaworthy.html
Extra information: http://maritimeknowhow.com/English/Know-How/Charter_parties/time_charter_party/ordinary_time_charter/seaworthiness_of_vessel.html

Sample - Certificate of Seaworthiness