(citing, inter alia , Armour & Co. , 270 U.S. at 259, 46 S.Ct. 212 ); Jack Neilson, Inc. v. Tug Peggy , 428 F.2d 54, 55 (5th Cir.1970), cert. denied , 401 U.S. 955, 91 S.Ct. 973, 28 L.Ed.2d 238 (1971) ("We hold that the charter provisions of the contract are maritime in nature, are severable, and within the admiralty jurisdiction of the district court."). See also, e.g. , Compass Marine Corp. v. Calore Rigging Co. , 716 F.Supp. 176, 180 (E.D.Pa.1989) (dispute arising out of charter agreement of vessel in service is cognizable under the admiralty and maritime jurisdiction of the federal courts), aff'd sub nom.,Appeal of Calore Rigging Corp. , 891 F.2d 279 (3d Cir.1989), and aff'd, 891 F.2d 280 (3d Cir.1989) ; Natasha, Inc. v. Evita Marine Charters, Inc. , 763 F.2d 468, 468 (1st Cir.1985) (holding "admiralty does have jurisdiction if the charter portion of the sale contract is readily ‘separable’ from the rest of the contract."). On the other hand, in general, "[i]t is well settled that, while a contract for the use or charter of a vessel is maritime in nature, the contract for a sale of a vessel is non-maritime."
Accordingly, Boh Bros. has accepted the risk of all damage or loss during the charter, even damage or loss that was not caused by Boh Bros.'s own negligence. See Marine Equipment, Inc. v. Martin, 184 F. Supp. 111, 113 (E.D. La. 1960) (Wright, J.); see also Stoufflet v. Cenac Towing Co., 236 F. Supp. 198, 201 (E.D. La. 1964); Compass Marine Corp. v. Calore Rigging Co., 716 F. Supp. 176, 180-81 (E.D. Pa. 1989).See Dow Chem. Co. v. Texaco Refining Mktg., 887 F. Supp. 853, 864 (E.D. Va. 1995) ("The parties to a bareboat charter may modify their traditional maritime rights and liabilities as bailor and bailee by including specific provisions in the charter party.").
A charter agreement is a contract governed by federal contract law. Compass Marine Corp. v. Calorie Rigging Co., 716 F. Supp. 176, 180 (E.D.Pa. 1989). The rights and obligations under a private carriage agreement are determined by the contract between the parties which may be in the form of a bill of lading or a written or oral agreement.