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Lloyd's Maritime Law Newsletter

London Arbitration 13/98

Deadfreight - Notice of readiness opting to load ‘about’ stated tonnage of cargo - Whether charterers loaded full quantity of cargo

The vessel was chartered on the Gencon form for the carriage of a part cargo of petcoke. The charter made it clear that the owners’ intention was to load about 15,000 metric tons of pipes in addition. The printed words in Box 12 of the charter read: ‘Cargo (also state quantity and margin in Owners’ option, if agreed ...)’. The owners said that they advised the charterers that the ship was capable of carrying 22,500 metric tons and required the full quantity of cargo, but only 22,024.50 metric tons was loaded. Consequently, the owners claimed deadfreight on 475.50 metric tons in the sum of $18,030.96.

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