OK Petroleum AB v Vitol Energy SA (The “Chemical Venture” and The “Jade”) - QBD (Com Ct) (Colman J) - 5 May 1995

Contracts for sale of gasoline CIF providing for demurrage payable “As per charterparty” - Charterparty incorporating sellers’ terms and conditions - Sellers’ terms and conditions included a time-bar relating to demurrage claims - Whether time-bar provision incorporated into sale contracts

The plaintiff sellers sold quantities of gasoline to the defendant buyers CIF Genoa and CIF Dunkirk and Rouen. The sale contracts contained provisions relating to laytime, and provided that demurrage should be as per charterparty. The vessels Chemical Venture and Jade were chartered separately on Asbatankvoy forms to perform the sale contracts. The two charterparties contained their own provisions for laytime and demurrage. The charterparties also incorporated the sellers’ own Charterparty Terms and Conditions dated 1 September 1991, clause 10 of which provided: