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Off-hire clause – vessel losing berth as a result of grounding – period of off-hire confined to time taken to refloat the vessel.

The Facts

The vessel was let on the NYPE form for a time charter trip.

The vessel was placed at the disposal of the charterers and she then proceeded to Bahrain where she arrived at the anchorage.

She went aground a few hours later on the same day and, as a result of grounding, missed her allocated turn in berth.

This lost opportunity had a knock-on effect and the berthing of the vessel was considerably delayed by the Bahrain Port’s berthing system.

Findings

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Charter Party Casebook