Hethking denied those allegations and also relied on clauses 9 and 13 of the charter. Clause 9 provided: "The Owners not to be responsible.... for damage to or claims on cargo caused by bad stowage or otherwise". Clause 13 provided: "The Owners only be responsible for delay... and for loss or damage to goods on board, if such delay or loss has been caused by want of due diligence on the part of the Owners or their Manager in making the Vessel seaworthy and fitted for the voyage or any other personal act or omission or default of the Owners or their Manager. The Owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default of their servants..."
In response to Hethking's reliance on the charter party provisions Miller, in turn, relied upon section 5 of the Sea Carriage of Goods (State) Act.