TIME CHARTER – NYPE 93 FORM – FAILURE TO TENDER NOR FOR FIVE DAYS – DELAY TO TENDER NOR - LIABILITY OF OWNERS FOR DEMURRAGE NOT EARNED UNDER SUB-CHARTER - CLAUSE 8 – NEGLIGENCE OF AGENTS – DEMURRAGE
On a voyage chartered under an amended NYPE 93 form, a dispute arose due to the master's delayed submission of the Notice of Readiness (NOR), leading sub-charterers to contest the commencement of demurrage. Owners contended that the delay was neither deliberate nor negligent, attributing any loss to negligence on the part of the Charterers' agents. Charterers argued that the master's failure constituted a breach of contract and negligence.