Voyage Charters
Page 653
Chapter 19
Cancelling Clause
| 10. | Cancelling clause | 120 |
| Should the vessel not be ready to load (whether in berth or not) on | 121 | |
| or before the date indicated in Box 19, Charterers have the option | 122 | |
| of cancelling this contract, such option to be declared, if demanded, | 123 | |
| at least 48 hours before the vessel’s expected arrival at port of loading | 124 | |
| Should the vessel be delayed on account of average or otherwise, | 125 | |
| Charterers to be informed as soon as possible, and if the vessel is | 126 | |
| delayed for more than 10 days after the day she is stated to be | 127 | |
| expected ready to load, Charterers have the option of cancelling this | 128 | |
| contract, unless a cancelling date has been agreed upon. | 129 |
Nature of the rights derived from the cancelling clause
19.1 The cancelling clause gives the charterer an express contractual right to terminate the charterparty if the vessel is not ready in accordance with the requirements of the charter by a particular named date or time. This contractual right is separate and distinct from any other rights a party may have to terminate the charter; “it does not destroy a right which exists in either party to terminate a contract if an event has happened which frustrates the commercial adventure …”1