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Off-hire clause – vessel delivered with fouled bottom – charterers entitled to a reduction in hire.

The Facts

The vessel was let on a time charter trip from Singapore.

 Clause 1 provided that the owners were to keep the vessel in a thoroughly efficient state in hull, machinery and equipment.

 Clause 63 warranted that the vessel was capable of steaming at about 13 knots fully laden.

 The vessel was delivered into service with the bottom fouled.

 As a result of the inevitable reduction in speed, 7.2 days were lost to the charterers. 

 An advantageous consequence of the slow steaming was that the vessel consumed less fuel oil.


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Charter Party Casebook