Elmadonna, Inc. v. Trifinery, Inc. (The “Felicity L.”) – SMA No. 3235, 20 Nov 1995

LAYCAN -- CHARTER PARTY -- LOADPORT -- LAYDAY -- BERTH -- DEMURRAGE -- ETA -- REFINERY -- DAMAGES -- Partial Owner Award Because the Owners advised the Charterers that the Vessel would arrive within laycan, the Charterers did not terminate the charter party before the cancellation date. The Vessel then arrived at loadport after the last layday and likewise incurred berthing delays which the Owners claimed as demurrage. The Charterers blamed the delay on the Owners’ failure to produce a good faith ETA and counterclaimed for refinery damages from the late delivery.
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