NYPE TIME CHARTER - LATE PAYMENT AND NON-PAYMENT OF HIRE - WHETHER LATE PAYMENT A REPUDIATORY BREACH - CALCULATION OF DAMAGES - Owner Award The charterer acknowledged its late payments of hire were a breach of the charterparty yet denied that the late payments were a repudiatory breach. In contrast, and despite charterer offering payment proposals, the owner contended charterer’s conduct constituted non-payment rather than late payment and was thus a repudiation of the charter party.
PAYMENT FOR BUNKERS DELAYED - INTEREST ACCRUES AND IS ITSELF NOT PAID When bunkers were not paid for in a timely manner, interest accrued per seller’s terms. And although the vessel owner eventually paid for the bunkers, the interest remained outstanding.
TIME CHARTER - WHEN SECURING DEMURRAGE FROM RECEIVER, VESSEL WAS ACCIDENTALLY ARRESTED BY SUB-CHARTERER - WHETHER SUB-CHARTERER OR RECEIVER ARE CONSIDERED “AGENTS” OF TIME CHARTERER - WHETHER VESSEL OFF-HIRE In order to secure demurrage from its buyer, seller, who was also a sub-charterer, obtained an arrest order on the cargo. In doing so, the Vessel was also erroneously named as an object of the arrest. During the period of the arrest of the Vessel, the time charterer withheld hire basis a clause in the charter party. Owner refuted same given that per the clause if arrest is caused by “agents” of the time charterer then the vessel is not off hire. Per owner, the time charterer’s sub-charterer and sub-charterer’s buyer were “agents” of the time charterer.