NYPE AND GEAR BRAEKDOWN

zhengyoung

Dear MR. Yang,

Supposing at nype 46 and no other amend terms................if gear breakdown at loading port and then charterer arranged shore crane to load, can charterer deduct the shore crane fee immediately  from the next hire payment?

in practical , seems  charterers always deduct cost of hiring cranes from hire

in theory, the simple nype form is not detailed enough in clause 15 and 22 to cover the issue, a gear breakdown clause should be covered by a rider clause agreed by the parties.

I tried to find answer from your excellent book " time charter" but failed.

Thus, can shore crance charge offset hire immediately from next hire payment?

By the way, many thanks for your great contribution to maritime, both practial and knowledge.

Best regards

zheng yongmin

dry bulk charterer for tct vsl from china sea to pg, red sea and med sea.

zhengyoung

SHINER

Many thanks for your comments to clarify my view.

Following your guidance, I found "How to apply the principle of equitable set-off to time-charter hire" from internet, as expand reading article, which is also interesting.

Best regards