In a recent case of SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA (The “Wehr Trave”) [2016] EWHC 583 (Comm), the English Court clarified that a time charter trip is not a voyage charter and charterers can still order a further voyage after initial trip is over!
In this case, the relevant charter was on an amended NYPE 1946 form including the following terms:
That the said owners agree to let, and the said charterers to hire the said vessel, from the time of delivery, for one time charter trip via good and safe ports and / or berths via East Mediterranean / Black Sea to Red Sea / Persian Gulf / India / Far East always via Gulf of Aden, with steels and / or other lawful / harmless general cargo, suitable for carriage in a cellular container vessel as described. No bulk cargo is allowed. Duration minimum 40 days without guarantee within below mentioned trading limits…
See attached file:
ALCO20160009 Time Charter Trip – Charterer Can Order Further Load Port After the Initial Trip is Over.pdf
航次期租 – 原航次结束后，租家可再指定装货港
在最近的SBT Star Bulk & Tankers (Germany) GmbH & Co KG v Cosmotrade SA (The “Wehr Trave”) [2016] EWHC 583 (Comm)一案中，英国法院澄清，航次期租不是航次租船，原航次结束后租家仍可再指定其他航次。
该案中，租约以NYPE1946格式为基础修订，包含以下条款：
That the said owners agree to let, and the said charterers to hire the said vessel, from the time of delivery, for one time charter trip via good and safe ports and / or berths via East Mediterranean / Black Sea to Red Sea / Persian Gulf / India / Far East always via Gulf of Aden, with steels and / or other lawful / harmless general cargo, suitable for carriage in a cellular container vessel as described. No bulk cargo is allowed. Duration minimum 40 days without guarantee within below mentioned trading limits…
详细信息请参阅附件。
