517. Segovia Compania Naviera SA of Panama v R Pagnan & Filli of Padova (the “Aragon”) [1975] 1 Lloyds Rep 628

One time charter trip – construction – whether charterers entitled to select a second load port in the Americas before returning to Europe.

The Facts                               

The vessel was let on the NYPE Form “for the period necessary to perform one time charter trip via safe port (s) East Coast Canada within … trading limits always within Institute Warranty Limits – East Coast Canada, USA East of Panama canal, UK, Continental Gibraltar – Hamburg range, Mediterranean excluding Israel, Scandinavia (Including Denmark excluding UAR, Syria, Lebanon, Turkey, Cyprus, Greece, Cuba and all Communist and Communist controlled territories (except Yugoslavia)”.

Redelivery was to take place at charterers’ option in UK / Gibraltar / Hamburg range; Mediterranean not East of but including Italian Adriatic.

After difficulties encountered in loading a cargo on the Saint Lawrence, charterers ordered the vessel to load cargo in the US Gulf.

Owners objected and a without prejudice agreement was entered into by which owners would receive a premium if the orders fell outside the terms of the charterparty.

Findings

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