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Re-nomination of load/delivery port causing vessel to miss cancelling date – charterers not entitled to cancel

The Facts

Charterers had the option to take delivery of the vessel, a newbuilding, USNH/St Lawrence/Brazil/West or North Africa/US Gulf, laycan spread May 1st / 30th June 1974.

Prior to sailing from the yard in Split, Croatia, charterers fixed the vessel on a sub-charter to load on the Mississippi.

The parties agreed that the vessel would sail to Las Palmas for bunkers after which the loadport would be nominated.

A loadport was not nominated at Las Palmas. Instead, charterers gave the Master a copy of the sub-charter which indicated that he should proceed to the Mississippi, which he did.

Charterers were given an ETA for New Orleans with owners pressing for a specific delivery port.

Several days past the point of divergence to South America, charterers nominated Rio de Janeiro as the delivery port.

The vessel arrived two days after the laycan. Charterers purported to cancel upon which owners claimed damages for repudiation.


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