A Question on Time Chartering

Looking for some help on this:

As a charterer’s broker, your principal has chartered a handy-size vessel for a trip-time charter under NYPE 93. The warranted speed was about 18 knots. The vessel gave an expected time of arrival of 27 February 2023. However, due to a main engine breakdown the vessel did not arrive until 31st March 2023. The charterer had to pay a penalty to the shippers due to the vessel’s late arrival. Further, loading was delayed because of continuous breakdowns of ship’s gears, and, whilst at the berth, the main engine was overhauled. The vessel then proceeded to the discharge port, but she could only achieve an average speed of 11 knots.

What would be the charterers rights?

I would have thought, that the vessel would effectively be off hire until the vessel berthed at its final destination and reapirs effected to bring the ship into a full operational capicity (speed, efficency and cargo gear)

Any help would be appreciated

Generally If the vessel won’t perform to specifics in the charter she goes off hire until corrected. It may be a long or short off hire depending on the situation. In practice many potential technical off hires are settled amicably some not so friendly but still settled .

Give you two examples close to your question

We had a vessel on hire that experienced a major shaft problem. Towed into a port with limited resources halfway through the voyage. Nearly a month repairing. Our position was better working with the owner than taking the vessel completely off hire and looking for another vessel. Daily rate stopped until she was ready for service. It was a extra ship filling in when our vessels were over booked. Cargo owners long term customers and understood the situation.

Another on cargo handling gear. Our small RO RO weather deck main trailer deck ramp served lower hold elevator. Used heavy equipment some stowed lower hold. Loading went fine old wire. Crew replaced wire on the voyage because it was obvious elevator was working near maximum… Discharging stretching wire stopped operations while the crew tightened up.

Charterer threatened technical off hire. He could have but the cargo still needed to come out. Questioned his weight certificates, we could have cleared the weather and trailer deck removed the rarely used hatch cover over the elevator shifted the vessel under ports crane and lifted out. Weighing after and comparing to the certificates. If off extra expense to his account if correct our expense . Or he could let us keep taking up the wire when the elevator stopped locking and discharge normally

He stopped protesting, weight certificates used equipment rarely correct & we all knew it. Ship delivered the cargo fine with a few short delays. Everybody’s happy