Olendorff Carriers GmbH & Co. v. Sidor, CA (The “New Navigation”) – SMA No. 4151, 22 Jul 2010

GENCON -- CERTIFICATE OF AFFREIGHTMENT (COA) -- GROUNDING IN RIVER -- SAFE PORT / BERTH WARRANTY -- DEMURRAGE -- BUNKERS -- Charterer Award En route to the discharge berth named in the Contract of Affreightment (COA) and warranted as being a "safe berth", Vessel grounded either due to poor seamanship or as a result of a buoy being out of place. As a result of the grounding, Vessel missed its berthing opportunity and after repairs was forced to await berth availability. Disponent Owner, arguing berth was unsafe, claimed for damages resulting from the grounding and demurrage during the aforementioned wait.