租船运输实务与法律（三）.ppt

1、第三章 定期租船合同,Section 1 Description of Vessel,Cargo capacity / speed/ fuel consumption “about”/ “on average”: A continuing warranty or an undertaking applicable at the date of delivery or at the date of signing the charter? Claims & remedies & defences:,1. Cargo capacity / speed/ fuel consumption “Dead

2、weight*long*/metric* tons (cargo and bunkers, including freshwater and stores not exceeding *long*/metric* tons) on a salt water draft of on summer freeboard.”,“Speed about *knots, fully laden, in good weather conditions up to and including maximum *Force on the Beaufort wind scale, on a consumption

3、 of about long*/metric* tons of* ”,“capable of steaming” / fully laden/ good weather condition (force 4 or 5 on the Beaufort scale & Douglas Scale)/ bunker quality,2. “about”/ “on average”: normally interpreted as permitting a tolerance of 0.5 knot / 5%,3. A continuing warranty or not? Cosmos Bulk T

4、ranport v. China National Foreign Trade Transportation Co. 1978 1 Lloyds Rep. 53 The court held that the speed described (or warranted) in the charterparty applied at the date of delivery under the charter.,4. Claims, remedies & defences: Speed and consumption claim Remedies: Defences: Bottom foulin

5、g & others NYPE 46 clause 21 -vessel to be taken off-hire into dry dock for cleaning at the owners expense.,Section 2: Hire Clauses,1. Period of hire 1) The precision of the time limit -six months/ two years -insertion of the word “about ” before the charter period -a period of 6 months, 20 days mor

6、e or less in charterers option -deletion of the word about before the stated charter period,“That the said Owners agree to let, and the said Charterers agree to hire the said vessel, from the time of delivery, for about _ within below mentioned trading limits”,2) Whether the charterer is in breach of contract -“legitimate last voyage test” -“overlap / underlap rule”,-judged at the time the vessels departure, not at the time of the order was given. The Gregos, 1995 1 Lloyds Rep. 1,海商法第一百四十三条： 经合理计算，完成最后航次的日期