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Delay at loading port resulting from paint and rust scale in holds - Whether owners or charterers liable

The vessel was chartered to load a cargo of heavy grain, sorghum or soyas from a U.S. gulf port to North African ports. The ship arrived at the loading port on 13 July 1979 and was inspected by the National Cargo Bureau Surveyor and by the U.S. Department of Agriculture Surveyor. The NCB Surveyor passed holds 1, 2, 3 and 5 on 14 July and hold 6 on 16 July. The USDA Surveyor however rejected all 6 holds on 14 July on account of paint and rust scale and did not pass the holds until 10 00 on 17 July, after cleaning by shore contractors. Notice of readiness was given on that day and the owners contended that laytime began at 08 00 on 18 July, and that on this basis 2 days 20 hours 10 minutes demurrage was earned at the loading port.