15/93

Charterparty contained cancelling date but no e.t.a. - Vessel accepted by charterers at loading port subsequent to cancelling date - Whether owners in breach of charter

A vessel was chartered on the Baltimore Form C, with lay days/cancelling 20/31 May, and an e.t.a. of 25/27 May. No e.t.a.s or positions were given in the charterparty, line 7 of which merely stated “now trading”. The vessel had been chartered pursuant to the provisions of a contract for the sale of soft red winter wheat f.o.b. U.S. Gulf. The loading was to take place between 16 and 31 May. The sale contract provided for penalties for delay in the event that notice of readiness was accepted by the sellers after the end of the contractual period of shipment.