CFR SALES CONTRACT -- DEMURRAGE -- SHORT-DELIVERY OF GOODS -- LOSS OF EARNINGS -- DAMAGES -- Partial Seller Award
Demurrage resulted when the port authorities forced the Vessel to leave the berth during discharge operations in order to berth a tanker deemed to be a higher priority. The CFR Buyer denied responsibility for the demurrage and excess port charges; and, counterclaimed against the CFR Seller for short-delivery of goods totaling 4 M.T. and unsatisfactory product quality. The Seller also claimed for loss of earnings resulting from the Owner blacklisting them due to the late demurrage payment and their resultant inability to fulfill a subsequent sale contract.