The TANKVOYager

• Is demurrage incurred under a sales contract considered an indemnity thereby necessitating the submission of Owner’s claim for validation?
• Upon completion of loading, if the Charterer detains the Vessel for several days prior to giving voyage orders to the dischargeport, does Owner’s claim for detention start after the loading operations completed (i.e. when laytime ends) or, when the laytime allowance has expired?
• Although the Vessel tendered Notice of Readiness (NOR) within the layday window, the agent had not properly notified the port with the mandated 96-hour Notice of Arrival: a) was the NOR valid; b) was the Vessel considered “late” (outside the laycan); and, c) did the Charterer have the right to cancel the fixture and recover damages?
• Is Owner at fault for using the incorrect salinity factor and subsequently overloading the Vessel when the error was contained in the Master’s pre-load stowage plan availed to the Charterer? Who is responsible for the lightering time and costs to enable the Vessel to safely reach the discharge berth?
• If the Vessel tenders NOR prior to laydays but requires a USCG inspection to renew the Certificate of Compliance (COC), is the NOR valid? If the NOR is considered valid but the charter party stipulates that NOR is not to be tendered prior to the commencement of laydays, when would time start?
• Plus, this issue includes other interesting rulings involving decisions pertaining to vessel seaworthiness, off-hire for piracy, and safe berth issues.

"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]