In Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV (The Rowan)  EWCA Civ 198, the owners appealed against decision of Mackie HHJ in the High Court (Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV  EWHC 3374) who held that the owners were in breach of cl.18 of recap which is intended to be read together with Vitol Clause 18.
Lord Justice Longmore found it difficult to construe the recap clause and clause 18 of Vitol terms in a way it was done by the judge in the High Court. He rejected charterers’ submission that to express the whole obligation of clause 18 in the recap and the printed Vitol terms, it would be sufficient to add TBOOK after the word "Charterparty" so that the full clause read:
"Owner warrants that the vessel is approved by the following companies and will remain so throughout the duration of this Charterparty to the best of owner's knowledge: BP/EXXON/LUKOIL/STATOIL MOH."
His Lordship declared at para 13 that:
…the concept of a "continuing warranty to the best of the owner's knowledge" is to say the least a curious one and I cannot believe that it is what the parties intended to agree.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.