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Voyage charter - Whether frustrated by pipeline disruption at loading port

The vessel was chartered on an Asbatankvoy form for the carriage of a cargo of crude oil from West Africa (Nigeria-Gabon) range to one or two safe ports out of several ranges. Total laytime was 72 running hours. The vessel arrived off the nominated loading port on 25 January 1982 although laytime did not commence until 00 01 on 29 January. On 28 January the Nigerian company supplying the oil made a declaration of force majeure and informed the charterers that because of a burst pipeline they would be unable to supply any oil at the loading port. However, repairs were expected to be completed within four weeks. On the same day, the shipowners were informed by the charterers of the situation. The shipowners replied that cargo should be loaded as per charterparty and that failure to do so would be a breach of contract.