Suek AG v Glencore International AG (The 'Hang Ta') [2011] EWHC 1361 (Comm)

Sale of goods – laytime and demurrage clauses in sale contract – unavailability of the berth and bad weather – WIBON– construction relating to the running of laytime and demurrage under the sale contract

The facts

By a sale contract dated 1 December 2009, the claimant Suek AG as seller agreed to sell and the defendant Glencore International AG as buyer agreed to purchase 390,000mt (10% more or less at the seller’s option) of unclean coal in six shipments throughout the four quarters of 2010 on a cif basis. The facts agreed by seller and buyer were that when the vessel Hang Ta had arrived at the discharge port, the vessel was unable to enter into the berth because of the tidal conditions and the fact that the berth was occupied by another vessel. Nevertheless, the master of the vessel tendered Notice of Readiness (the “NOR”) at the usual waiting place.