DANNEBERG v. WHITE SEA TIMBER TRUST, LTD.

(1935) 51 Ll L Rep 338

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Ice Clause-Claim by shipowners against charterers for damages for detention-Delay in reaching and leaving loading port (Leningrad) - "(1) In the event of the port of loading being inaccessible by reason of ice, or in case ice sets in after vessel's arrival at port of loading, the charterers undertake to arrange for the provision by the port authorities of icebreaker assistance if required by the captain, free of expense to the steamer, the steamer complying with official instructions and rules issued by the authorities concerning icebreaker assistance. . . . (2) Icebreaker assistance to be rendered free of expense to the steamer within 48 hours of receipt by the captain of port (at loading port) of master's or owner's notification of arrival at the edge of ice, or when leaving port 48 hours after notification by the master of readiness to leave. (3) Time lost by the vessel in waiting for icebreaker assistance at the edge of ice and when leaving the loading port in excess of the time provided for in Clause (2) to count as demurrage and/or detention and to be paid by charterers at the rate of £20 per day or pro rata from which time days saved in loading and/or discharging shall be deducted. (4) The charterers shall not be responsible for any loss of time during passage through the ice and/or any loss or damage caused to the steamer by ice or for any detention on passage through ice."-Construction- Obligation of charterers-"Undertake to arrange for the provision by the port authorities of icebreaker assistance"- Effect of sub-clause (4)-Whether charterers given necessary notification- Waiver.