497. Anders Utkilens Rederi A/S v Compagnie Tunisienne De Navigation of Tunis (the “Golfstraum”) [1976] 2 Lloyds Rep 97

Time charter – delivery into service – time lost due to congestion at delivery port for charterers’ account

The Facts

The vessel was let on a Baltime form.

Clause 1 read:

For a period of 2 months with up to 15 days more or less in charterers’ option … from the time (not a Sunday or a legal holiday unless taken over) the vessel is delivered and placed at the disposal of the charterers between 9am and 6pm or between 9am and 2pm if on a Saturday at Sfax in such available berth where she can safely lie always afloat as the charterers may direct”. 

The vessel was delivered at the Sfax roads and the charterers informed.

Due to congestion, a berth became available only four days later.

The question arose as to who was to liable for the loss of time.

Findings

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