Stolt Tankers, Inc. v. Transmare-Chemi Handelgsellschaft Mbh (The “Sun Sapphire”) – SMA No. 3539, 9 Jun 1999

ASBATANKVOY -- PORT -- NOR -- WAIVER -- BERTH -- Charterer Award Because the port only accepted Vessels less than 16 years of age, the 1975-built Vessel was quickly rejected after tendering her NOR. The Charterers argued that the NOR was invalid due to the Owners’ failure to obtain a waiver and conform to the port regulations. The Owners, on the other hand, contend that the Charterers customarily acquire the waiver. And furthermore, the berth was congested upon arrival, meaning that no time was lost in obtaining the waiver.