MOBILVOY 96 -- PART CARGO -- DEADFREIGHT -- CARGO -- Partial Owner Award The Charterers refused to load their decene part cargo because of excess temperature inflowing from adjacent heating tanks. The Owners subsequently filed for deadfreight damages and claimed that the Charterers had allowed cargo loading in a similar case a year earlier. The Charterers, however, denied payment because of the Owner’s failure to provide "a suitable safe space for the cargo."
ASBATANKVOY -- VALVE -- DISPONENT -- LIGHTERING -- BERTH -- DISPORT -- NOR -- PORT -- DEMURRAGE -- CHARTER PARTY -- SEAWORTHINESS -- DUE DILIGENCE -- Owner Award Due to a valve malfunction, the Disponent Owners’ nominated lightering Vessel missed her berth call at disport and was forced to re-tender NOR. The Owners then argued that the delays incurred at port were beyond their control and likewise defined as demurrage by the charter. But the Sub-Charterers refused their claim per Vessel unseaworthiness and lack of Owners’ due diligence.
ASBATANKVOY -- PORT -- NOR -- WAIVER -- BERTH -- Charterer Award Because the port only accepted Vessels less than 16 years of age, the 1975-built Vessel was quickly rejected after tendering her NOR. The Charterers argued that the NOR was invalid due to the Owners’ failure to obtain a waiver and conform to the port regulations. The Owners, on the other hand, contend that the Charterers customarily acquire the waiver. And furthermore, the berth was congested upon arrival, meaning that no time was lost in obtaining the waiver.