Demurrage – CIF sale – buyers’ undertaking to pay demurrage held to be one of indemnity only.
Cleaned Saigon rice was sold by London sellers to buyers in Portugal. The rice was to be shipped on a vessel provided by sellers from Hong Kong or Saigon (at sellers’ option) and to be discharged at Lisbon or Oporto, buyers’ option. Continue reading “335. Suzuki and Co. v Companhia Mercantile Internacional (the “Ataka Maru”)  Vol.8 Ll.L.REP. 174 ;  Vol.9 Ll.L.REP. 171”
Demurrage clause in contract of sale – held not to be a mere indemnity in favour of Sellers, but one conferring stand-alone rights.
Six months’ supply of Welsh coal was sold to a governmental agency in Colony of the Cape of Good Hope, delivery to Cape Town and Port Elizabeth. Continue reading “334. Houlder Brothers & Co v The Commissioner of Public Works  AC 276”
Bareboat Charter – failure to pay five successive monthly instalments – successive demands for hire not amounting to waiver of the right to cancel.
The vessel was let on an amended Barecon 2001 form for five years which included a non-technicality clause for failure to pay hire. Continue reading “333. Parbulk II A/S v Heritage Maritime Ltd SA (the “Mahakam”)  EWHC 2917 (Comm)”
Timecharter – Conwartime 1993 clause interpreted
The vessel was let by the disponent owners to the charterers on an NYPE form which included the standard clause 8 (employment and agency) and the BIMCO standard war risk clause for time charters, 1993, known as “Conwartime 1993”. The relevant clauses of Conwartime 1993 read as follows: Continue reading “332. Pacific Basin IHX Ltd v Bulkhandling Handymax AS (the “Triton Lark”)  EWHC 2862 (Comm);  EWHC 70 (Comm)”
FOB sale – buyers’ failure to give contractual notice of vessel’s estimated time of arrival held not to constitute a breach of contract
Rice was sold FOB Bangkok/Kohsichang pursuant to contracts based on GAFTA 120.
The relevant clauses were as follows:
“loading terms: buyer to give minimum 7 (seven) working days written pre-advice of vessel’s eta Continue reading “331. Thai Maparn Trading Co Ltd v Louis Dreyfus Commodities Asia PTE LTD (the “Med Salvador” and the “Goa”)  EWHC 2494 (Comm)”
FOB SALE – GAFTA 119 – Period of advance notice of readiness from buyers to sellers a condition as opposed to a term of the contract.
US soya bean meal was sold FOB in terms of the Grain and Feed Trade Association Limited standard form contract 119.
The contract was made 18 months in advance of the first delivery which was to take place in three equal shipments over three consecutive months. Continue reading “330. Bunge Corporation v Tradax Export S.A.  2 Lloyd’s Rep 1;  1 Lloyd’s Rep 294;  2 Lloyd’s Rep 477; 1981 WLR 711”
FOB sale – right of substitution of vessel by buyers limited by the terms of contract
English Feed Barley was sold FOB buyer’s vessel with Hull nominated as the loadport.
Continue reading “329. Cargill UK LTD v Continental UK LTD (the “Cobetas” and the “Finnbeaver”)”
Asbatankvoy time-bar clause-not to be applied with “pedantic literalness”
The vessel was chartered to carry gasoil from one safe port on the Black Sea to one or two safe ports in the European Mediterranean. Clause M.2. read: “Charterers shall be discharged and released from all liability in respect of any claims owners may have under this Charter Party (such as, but not limited to, claims for deadfreight, demurrage, shifting expenses or port expenses) unless a claim has been presented to charterers in writing with all available supporting documents within 90 days from completion of discharge of a cargo concerned under this charter party.”
Continue reading “327. Babanaft International Co. SA v Avant Petroleum Inc. (the “Oltenia”)  1 Lloyd’s rep 448”
Voyage charterparty – formalistic dismissal of demurrage claims overturned on appeal.
The vessel, a VLCC, was chartered for a single voyage from Freeport, Bahamas to Singapore on a modified BP VOY 4 voyage charterparty, first edition – June 1998. Continue reading “326. National Shipping Company of Saudi Arabia v BP Oil Supply Company (The “Abqaiq”)  EWHC 3043 (Comm); EWCA Civ 1127”