pi_circular Cargo riskInsurance & claims West of England
Defence Guide 05 Apr, 2022 Defence Guide - Late redelivery in a nutshell Julien Rabeux Head of Claims (Singapore) When is the ship redelivered late? A charterer has an obligation to deliver the vessel in compliance with the redelivery provisions of the charter. The timing of a redelivery will primarily depend on the duration of the charter. Usually a time charter will fall into two categories: A fixed period which could be a flat period, for example “1 year” or a period of time until a certain date, for example “until 15th July”. A variable period (for example, “11 to 14 months” or “6 months, 15 days more or less”). 1. Fixed period Even when the word “about” is not included in the redelivery period, “there is a presumption that a definite date for the termination of the charter should be regarded as approximate only” (London Explorer 1971). The precise date agreed for redelivery means “about that date”. Charterers are allowed a reasonable margin before and after this precise date. How big is the margin? The extent of the margin of time for redelivery will depend on many facts. For example, a ship redelivered 8.4 days beyond the stated period of a 6 months, 20 days period could be deemed as reasonable (see also discussion on “about” below). 2. Variable period There are broadly two types: “11 to 14 months” or “6 months, 15 days more or less”. (i) “6 months, 15 days more or less”: here the parties have agreed a fixed? duration with a built-in tolerance clause. There is therefore no implied allowance. (ii) “11 to 14 months”: here the answer is not straight forward. Whether an implied allowance is allowed will depend on the period of the spread. If the spread is 15 days (“6 to 61/2 months”) the law may allow an implied tolerance. If the spread is long (“11 to
Defence Guide - Late redelivery in a nutshell
West of England
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