2005 年 2 月 7 日，Owneast Shipping Ltd（船东）将 Qatar Star 轮期租给 Qatar Navigation QSC(承租人)。租约约定，如果承租人并非有意不按时支付租金，船东应向承租人发出三个工作日的通知，让承租人在此时间内支付租金。这一条款被视为”反技术条款”。在承租人多次未能按时支付租金的前提下，船东没有向承租人发出通知就宣布撤船，并认为承租人延迟支付租金是 “有意的”。那么这种行为算不算是有意的呢？如有任何问题，请与我们联系。
详细信息请参阅附件。
Anti-Technicality Clause – A Case Study of M/V Qatar Star
The Qatar Star was chartered on an amended NYPE form with additional clauses dated 7 February 2005. The charter contained inter alia the provision: …where there is absence of intention to fail to make payment as set out, Charterers shall be given by owners 3 banking days notice to rectify the failure…In this case, there was a history of late payments where owners had to serve notice of the anti technicality clause on the charters. On the 34th semi monthly payment due on 24 August, 2006 payment was not received on that day and owners gave notice withdrawing the vessel without serving an anti technicality notice. The notice relied on the charterers’ previous delays in payment and this persistent failure to pay hire was “intentional”. Should you have any enquiry, please feel free to contact with us.
See attached file : ALCO Circular 20110004_AntiTechnicality.pdf
