24/91

Time charter - Charterers incur costs cleaning ship’s holds - Whether entitled to make deduction from hire

The vessel was chartered on the N.Y.P.E. form for a period of 12 months. After delivery to the charterers the vessel carried, in turn, cargoes of phosphate, grain, grain and shredded scrap. The intermediate ballast voyages were of only one or two days’ duration. After the scrap cargo had been discharged the ship’s crew carried out work in the holds during a 13-day ballast passage whenever weather conditions allowed. The vessel then carried, in turn, cargoes of steel, grain, and steel. The intermediate ballast voyages were of one and three days’ duration. After discharge of the last cargo of steel (some 9 months after delivery of the vessel to the charterers) the charterers wanted the ship to load grain. They ordered the master to arrange for the holds to be cleaned. The master endeavoured to do the necessary work, but because local regulations prevented the crew from cleaning the holds themselves the charterers had to engage shore gangs to do the necessary work.