Charterparty Without Guarantee

Ship is described in terms which are referred to as being ‘without shipowners guarantee’. The common abbreviation is ‘WOG’. The courts have held that the effect of such a term has been to remove owners’ obligations in relation to the description of the vessel. So, in circumstances where owners had provided an honest (ie not fraudulent) description of the vessel, in good faith, even where it was incorrect, the reference to the description being ‘without guarantee’ has been held to have removed the owners’ obligations and the charterers’ right to claim damages for misdescription. In the context of a speed and performance warranty the owners of the M/V Upa were held not to have given any warranty of performance where the vessel’s speed and fuel consumption were described as being ‘without guarantee’.