Panel Denies Speed Claim Lacking Substantiation

In the preamble of the charter party the vessel was warranted as being capable of steaming, fully laden, at about 15.5 knots in good weather conditions, which were elsewhere defined as not exceeding Beaufort Force 3.

The Charterer has stated this claim as an off-hire, and while arguing that the deduction conforms to Clause 15, it founded the claim simply on the difference between the vessel's ETA at the next port given by the Master and the time the vessel actually arrived there.

Charterer also contended that the vessel failed to make good its speed under good weather

conditions as defined by the charter. Owners argued that the Charterer cannot selectively choose an isolated incident without considering the vessel's overall performance, and denied the claim.

The owner pointed out that apart from Force 3 entries in the voyage abstract for only one or two days, the entire voyage consisted of weather in excess of that. In addition, the Owner noted that testimony from Charterer's Operations Manager confirmed that no written

speed claim calculation was prepared for the voyage.

Because this claim has been improperly stated, it was denied.

SMA 3740

#underperformance #clause15