National Shipping Co. of Saudi Arabia v. BP Oil Supply Co. ( The “Abqaiq”) – QBD (Comm. Ct.), 22 Nov 2010

BPVOY 4 -- SAME BERTH CALLED TWICE -- CARGO NOT READY WITHIN LAYDAYS -- WAITING TIME AND BUNKER COSTS -- DETENTION OR DEMURRAGE -- SUPPORTING DOCUMENTS -- TIME-BAR -- Charterer Award The Vessel was required by Charterer to attend to the same load berth twice with Owner subsequently claiming for the time and bunkers consumed. At the disport, Owner invoiced for excess time used as demurrage. Charterer agreed to and paid a "final agreed demurrage invoice" which covered demurrage and then claimed that the load port expenses should have been submitted as demurrage. Owner subsequently altered the load port claim such that it was for demurrage with Charterer subsequently denying it twofold; first, demurrage had already been settled in full and secondly, the claim for demurrage at the load port was now time-barred.
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