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Lloyd's Maritime Law Newsletter

15/91

Demurrage - Whether charterers entitled to defend claim on basis that shipowners’ E.T.A. was not honestly and reasonably given

The owners of the vessel chartered her on the Norgrain 1973 form for the carriage of goods from a South American port to the Soviet Black Sea or Baltic. Whilst the ship was loading in Argentina the charterers requested the owners to load an additional cargo of soya pellets from Paranagua. An agreement was reached which was set out in an Addendum which provided for the ship to complete at Paranagua after Buenos Aires. The agreement contained the following provision:

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