The Petroleum Oil and Gas Corporation of South Africa (Pty) Ltd v. FR8 Singapore Pte Ltd (The “Eternity”) – QBD (Comm. Ct.), 21 Oct 2008

BPVOY -- TIME BAR -- SUPPORTING DOCUMENTS -- CARGO CONTAMINATION -- INERT GAS SYSTEM -- ABSOLUTE OBLIGATION VS USE OF DUE DILIGENCE -- NEGLIGENCE -- Partial Charterer, Owner Award If the Vessel’s crew failed to secure the common Inert Gas line resulting in the contamination of Charterer’s two cargoes, is the Owner excused under Hague Visby Article IV rule 2(a) i.e. "an act, neglect or default of the master and/or servants of the carrier in the management of the vessel"? Regarding demurrage time bar requirements, if the governing clause stipulates that the Vessel’s pump log is to be counter-signed by the Terminal and said signature is not obtained, is this cause for barring the entire claim or just that one aspect of the claim? If the operative demurrage time bar clause requires the Vessel’s documents to be counter-signed by a “Terminal” representative and the cargo transfer takes place at anchorage in a ship-to-ship (STS) transfer, does the lack of the Terminal’s signature give cause to bar that aspect of the claim?
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