338. Etablissements Soules et cie v Intertradex S.A (the “Handy Mariner”) [1991] 1 Lloyd’s rep 378

CIF sale – demurrage –  buyers’ obligation to pay for demurrage not including the risk of delay at port of discharge.

The facts

A CIF contract was made incorporating GAFTA 100 contract provisions for 5 000 tonnes 5% plus minus Chinese sweet potatoes.

A special discharge clause read as follows:  “Discharge 400 metric tonnes per hold / weather working day Sundays and holidays excepted unless used with maximum 2 000 metric tonnes per day.  Demurrage US dollars $3500 per day with half dispatch.”

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