The TANKVOYager

• Under ASBATANKVOY, does berth congestion constitute a "condition beyond Charterer's control"? Is the time spent awaiting free pratique excepted? Should laytime and demurrage be prorated when other cargoes are handled simultaneously?
• When wind speeds exceed 15 knots and precludes berthing/unberthing, is the resultant delay reduced one-half under a Weather Clause?
• When the Vessel's departure from the terminal is delayed due to a tug (employed by the terminal) breakdown, does laytime continue running?
• Does time stop when documents are placed onboard or when the Master has completed reviewing and signing them?
• Under ExxonMobil VOY2005, when a Vessel is partially lightered and is subsequently delayed for several hours awaiting removal of the fenders and disembarkation of the Mooring Master, does the two-hour allowance apply after disconnection of cargo hoses?
• If the Vessel loses one of two forward anchors and the Classification Society issues an Interim Certificate allowing the Vessel to operate temporarily, is the Vessel in breach of the seaworthiness obligation if she is subsequently precluded from berthing at Charterer's nominated port or, alternatively, is the Charterer in breach of the safe port warranty?
• Is the Vessel's port agent (nominated by the Charterer) responsible for advising the Charterer of any inherent Vessel conditions?
• Under a Sales Contract that incorporates a WIBON (whether in berth or not) phrase, can the Vessel tender NOR and commence time running when berthing is precluded by both berth congestion and an excepted tide delay?
• When a Time Charter contract is wrongfully repudiated by the Charterer and there is no available long-term market, are Owner's damages assessed based on the Vessel's spot earnings? If a long-term market subsequently emerges and the Owner continues to trade the Vessel on the spot market, how are damages assessed?
• When a "Deviation Claim" is submitted timely to the Charterer but the Owner subsequently relabels and resubmits it as a "Demurrage Claim" after the time-bar expiration, is the claim barred?

"The purpose of reasoned decisions and published awards is to give guidance to parties in the chartering and operational sectors of the industry. Prior decisions should assist in clarifying and/or standardizing contract clauses."   [Bow Spring, SMA No. 3582]