The New York Produce Exchange form (NYPE) has gained wide acceptance on both sides of the Atlantic. For more than half a century there has not been a single case, American or English, until the recent English decision in The Emmanuel C,1 touching directly on the meaning of “errors of navigation” in cl. 16 of the NYPE form.
Clause 16 is an exemption clause which exonerates the shipowner from liability to pay damages to the charterer for any of the excepted perils specifically stated. It provides that:
“Should the Vessel be lost, money paid in advance and not earned … shall be returned to the Charterers at once. The act of God, enemies, fire … and all dangers and accidents of the Seas, Rivers, Machinery, Boilers and Steam Navigation, and errors of Navigation throughout the Charter Party, always mutually excepted …”.
The first case to surface on both sides of the Atlantic was The Emmanuel C which decided that the exemption clause would not cover negligent acts or omissions.
The Emmanuel C
It was a special case referred to the Commercial Court by way of a motion by the arbitrator. The case was a short one but it covered one vital effect of an exemption clause: whether cl. 16 was wide enough to protect shipowners against liability for negligent errors of navigation or only where the errors occurred without negligence on the part of the owners, their servants or agents?
Briefly, the vessel was grounded in the St. Lawrence River in Canada on 20th December 1977. She was refloated and became a constructive total loss. The arbitrator attributed the grounding to the failure of those on board to exercise good navigation and seamanship. He also found that “errors of navigation” were confined to non-negligent acts or omissions.
* The writer is indebted to Mr Richard Siberry, MA, LL.B (Cantab.) Barrister, Fellow of Pembroke College, Cambridge, for reading this article and for his invaluable advice and views.
https://www.i-law.com/ilaw/doc/view.htm?id=369420

“Exceptions clause” in the time charterparty ASBATIME:

“The act of God, enemies, fire, restraint of princes, rulers and people, and all dangers and accidents of the seas, rivers, machinery, boilers and steam navigation, and errors of navigation throughout this Charter, always mutually excepted.”

Protective clauses can also operate to affect only one of the parries, usually the shipowner. For example, in GENCON it is stated:

“ . . . the Owners are responsible for no loss or damage or delay arising from any cause whatsoever, even from the neglect or default of the Captain or crew or some other person employed by the Owners on board or ashore . . .”
http://shipinspection.eu/protective-clause/

The basic charter party, and exclusions contained therein, is, in effect, a contract.
see also footnote 1 on the bottom
https://heinonline.org/HOL/LandingPage?handle=hein.journals/...