ASBATANKVOY -- CLINGAGE -- SHORTAGE -- BILL OF LANDING -- SHORT OUTTURN OF GASOIL -- RIGHT TO DEDUCT FREIGHT -- INDEPENDENT SURVEYOR -- Owner Award
This dispute arose from the Vessel having 1.06% less cargo at the discharge port than what was specified in the Bill of Lading. Referencing the "Cargo clingage" clause in the contract, the Charterers argued that any short cargo in excess of 0.5% shall be deducted from freight, which they proactively did. However, the Owners counterclaimed that this clause deals only with cargo clingage and that the Vessel survey report did not mention any such clingage.