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Saturday, October 20, 2018

CHARTERPARTY QUESTION & ANSWER - PUMPING - TERMINAL RESTRICTIONS

INTERTANKO has a well established Charterparty Question and Answer service for members. The following is an example of a dispute that was notified to us and our assistance was requested.

Owners had a long running dispute with charterers concerning their demurrage claim. The vessel concerned was loaded in Indonesia and discharged at Rizhao, China. Charterers disputed owners’ demurrage calculation and claimed that the vessel had failed to comply with the pumping warranty.

Owners maintained that the terminal had requested the vessel to reduce the rate of discharge. Owners were advised of this via the agents who were acting for both the terminal and the vessel. Charterers then requested documentary evidence of the terminal’s request. There was no such evidence available as the request had come from the agents. Charterers thereafter sought clarification from the agents as to the restriction. By this stage the agents did not have any recollection of the terminal’s request.

After this dispute having gone on for over a year owners contacted INTERTANKO. After considering the evidence available we sent a message to charterers. We reiterated the position that owners had used their best endeavours to obtain the evidence requested by charterers, but charterers had to take account of the practical difficulties that can occur at ports such as Rizhao. Charterers were requested to respect the notice of protest issued by the master and reconsider their position. A few days later we were advised by charterers that they no longer maintained their deduction from the demurrage claim and agreed to pay the full amount immediately.

This is but one example of the type of request we get from our members. Any such requests for assistance should be sent to john.fawcett-ellis@intertanko.com