Performance Claims under NYPE 1946 and 1993 (Time Charter): Establishing and Extrapolating
Dr. Arun Kasi, 4-5 Gray's Inn Square
This Article (in the same or a different version) previously appeared on The Maritime Executive, 18 July, 2021 and The Marine Law Box, No. 1, June, 2021.
The warranty in both forms, quite materially in similar terms, is about the ‘capability’ of the vessel in ‘good weather’ conditions. The warranty here refers to the capability at the time of fixture or delivery and it is not a continuous warranty. Authorities better support the proposition that the warranty is tested at the time of delivery rather than fixture, which will make more commercial sense than the other (see The “Al Bida” [1987] 1 Lloyd's Rep 124 CA; The “Pearl C” [2012] EWHC 2595 (Comm); The “Apollonius” [1978] 1 All ER 322; The “Pamphilos” [2002] All ER (D) 94 (Nov)).
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