Tagged: Vol. 3 No. 4

Partrederiet For Primo v. Crispin Co., Ltd. (The “Primo”) – SMA No. 3335, 15 Jan 1997

ASBA II -- DISPORT -- DRAFT -- BERTH -- SHIFT -- PORT -- DEMURRAGE -- Owner Award En route to the nominated disport, the Vessel Master deviated course due to draft restrictions that were deemed unsafe for berth. Eventually, the Master agreed to shift to the allegedly hazardous port with additional assistance and subsequently claimed demurrage for the delayed arrival. The Charterer refuted the claim on the grounds that both the Vessel’s arrival and departure from port were safe.
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Seachem Tankers, Ltd. v. Hurrport, Inc. (The “Santa Maria”) – SMA No. 3347, 17 Mar 1997

VEGOILVOY -- DEMURRAGE -- TRANSSHIP -- STATEMENT OF FACTS -- PART CARGO -- Charterer Award In order to reduce their demurrage claim, the Charterer referenced the Owner’s transshipper’s Statement of Facts clause which states that demurrage would be apportioned between Charterers in the ratio of their part cargo onboard.
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Resource Materials Corporation v. Cambria Tankers, Ltd. (The “Martha A.”) – SMA No. 3352, 5 Mar 1997

VEGOILVOY -- BERTH -- PART CARGO -- TERMINAL -- DEMURRAGE -- Owner Award Upon arriving at the nominated Berth 2 for discharge, the Vessel was rejected at berth because of having a low flash part cargo for another Charterer. The Owners therefore deemed it unsafe and demanded another berth nomination. Conversely, the Charterer argued that the berth was safe and that it was the Owners’ responsibility to know their cargo’s compliance to the terminal’s regulations.
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