SHELLTIME 4 -- TIME CHARTER -- VESSEL NOT DELIVERED BY CANCELLATION DATE -- DELIVERY PORT NOT NAMED -- RIGHT TO CANCEL -- FUTILITY -- Charterer Award
Although the Vessel was due to be delivered to Nigeria to commence a time charterer contract, she was at drydock in Greece and missed the deadline for the delivery date. Charterer cancelled the charter, which Owner refuted, citing additional work which Charterer had ordered on the Vessel's tanks which made the deadline impossible to meet. Owner also argued that Charterer failed in their obligation to nominate a specific delivery port, which would have given Owners 30 days to make delivery.