Nimrod Motor Tanker Co., Ltd. v. Neste Trifinery Petroleum Services (The “Nimrod”) – SMA No. 3409, 15 Jan 1998

ASBATANKVOY -- VOYAGE -- PORT -- DOCK -- BERTH -- SPEED WARRANTY -- Charterer Award This voyage’s fixed discharge port was a Citgo dock where berthing priority was given to other Citgo vessels. So when the Vessel failed to meet the minimum speed warranty (and therefore missed laycan), she lost her place in line for berth to a Citgo ship. When billed for this delay, the Charterers contend that they should be exempt from invoicing because if the Owner had followed the speed warranty, the berth would have been free upon arrival.
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