The subject vessel was chartered for the carriage of a cargo of crude oil from the Middle Eastern Gulf to an Indian port. The charterparty was concluded by a fixture recap and incorporated the Shellvoy 5 form with Shell 1999 Amendments/Additions /Deletions plus Shell February 1999 Additional Clauses 1-43 and Reliance Clauses 1-18. Disputes arose as to the time used at the discharge port and in particular the time said to have been lost for an alleged breach of the charter pumping warranty. The charterers paid US$319,223.09 by way of demurrage. The owners now claimed a further US$29,213.55 by way of further demurrage, alternatively as damages, together with interest and costs. The charterers denied that any further sum was due to the owners and sought a refund of US$617.19 because of an alleged overpayment, together with interest and costs.
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