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 Topic     Deafreight Claim
    Title Author          Date & Time 
         Dearfreight Claim Dileepkr 21 Dec 2009 11:22
           Re: Dearfreight Claim irvand 22 Nov 2012 17:18



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Title:     Dearfreight Claim
Author: Dileepkr Posted on: 21 Dec 2009 11:22
 Click here to contact the author Posting ID #636
 
In a custom-drawn COA there is a clause which reads "QUANTITY PER SHIPMENT:
Shipment size each cargo: 40,000 to 47,000 MT min/max always in Disponent Owners’option.
Such shipment to be a full and complete load."
Owners nominated & Charterers accepted vessels to load this min/max qty of cargo, but several time Charterers could not load the vessel with full qty as declared by the Master, so Owners claimed deadfreight. Charterers refused to pay deadfreight with argument that the term "Deadfreight" is not specifically mentioned in the COA. Can somebody comment if Owners' claim is valid or not. Thanks much.
 
 



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Title:     Re: Dearfreight Claim
Author: irvand Posted on: 22 Nov 2012 17:18
Click here to view author's profile Click here to contact the author Posting ID #718
 
I think the charterers has a point as the COA doesn't say anything if the cargo loaded is less the minimum quantity.
Since the COA is already signed, Suggestion for owners is to refused carrying the cargo unless charterer agree to load more cargo or pay the deadfreight. Of course it should be done before sailing.