504. Polaris Shipping Co Ltd v Sinoriches Enterprises Co Ltd (the “Ocean Virgo”) [2015] EWHC 3405 (Comm)

Speed and Performance warranty – incorrect to divide periods of good weather into days of 24 hours.

The Facts

The vessel was let on the NYPE form for a time charter trip via the North Pacific Region to the Singapore/ Japan range carrying coal in bulk.

The vessel performed a ballast voyage and a laden voyage. The ballast voyage was from Chang Jiang Kou to Roberts Bank, British Columbia. The laden voyage was from Roberts Bank to Donghae.

A portion of the speed and consumption warranty read as follows ”… good weather/ smooth sea up to max BF SC 4/Douglas sea state 3, no adverse currents, no negative influence of swell.”

The Charterers claimed damages, alleging that the vessel was unable to meet the speed and performance warranties.

Findings

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