SHV Gas Supply & Trading SAS v. Naftomar Shipping & Trading Co. Ltd. Inc. (The “Azur Gas”) – QBD (Comm. Ct.), 15 Nov 05

LAYCAN -- ACT OF GOD -- CONTRACT -- CARGO -- SHIPPING -- CIF PURCHASE CANCELLED DUE LATE LOAD -- VALIDITY OF ETA -- Buyer Award Although arriving promptly on the first day of laycan, bad weather kept the vessel from berthing for two weeks. Subsequently, the Buyer cancelled the contract arguing: that the Seller failed to ship the cargo within the shipping period, that the seller failed in His/Her obligation to ship the cargo expediently, and that the disport ETA’s were unrealistic in the context of Winter weather.
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