475. Hyundai Merchant Marine Co. Ltd v Karander Maritime Inc (the “Niizuru”) [1996] 2 Lloyds Rep 66

Laycan dates – owners’ obligation to deliver vessel within such dates held to be a condition precedent

The Facts

The vessel was let on a NYPE Form for 18 months plus 40 days more or less in charterers’ option.

The laycan spread was just over two months.

Owners were required to give 30/20/15/10 days approximate notice of delivery and probable port, then 5 days approximate notice of delivery time and exact port.

The parties agreed to narrow the laycan spread to 15 days on notice of 25 days.

Owners tendered delivery within the initially stipulated range of dates but on only 9 days’ notice.

Charterers accepted delivery 30 days after the notice.

The main issue was when hire was to commence. Owners wanted hire from the date of delivery while charterers only wanted to pay from date of acceptance.

Findings

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