WIBON CLAUSE – further clause providing time not to count due to factors beyond charterers’ control – latter clause operative
WIBON clause effective trigger for commencement of laytime
Commencement of laytime – inter-relation between “or so near thereto as they may safely get” and “deliver at any safe berth”
Locus classicus of laytime consequences in port charter
Strike exception applicable even where proximate cause is congestion.
Port Charterparty – interpretation
“So near as she may safely get” proviso held to apply where inaccessibility due to congestion.
Reachable on arrival clause – vessel unable to reach berth due to insufficiency of water – charterers liable for detention.
“Reachable on arrival” clause – laytime commencing “berth or no berth” – damages for detention not competent in case of congestion
Cargo overstowed – Notice of Readiness given prior to accessibility – laytime commencing upon
accessibility and no need for second notice.
“Time lost” clause held operative irrespective of premature notice of readiness.