Fuel Consumption

The descriptive details of a ship entered in the charter have to be correct at the time the charter is entered into. An owner must provide a ship which has the characteristics described at the time the charter is entered into but a term will be implied that, after that date, the owners will not so alter the characteristics of the ship as to render services to the charterers substantially different or less valuable than those contracted for. If a breach of a term as to description is discovered at the time of delivery, the charterers will only be entitled to repudiate the charter if either the term is a condition or the mis-description is so serious as to go to the root of the charter. Descriptive warranties include speed and fuel consumption, named ship, statements as to class and cubic and deadweight capacity. When a certain ship is fixed for a charter the existence of the agreement is dependent on the existence of the vessel. If the vessel is declared lost or declared a constructive total loss the charter is frustrated. Which means that the charter is terminated automatically and no longer exists. A breach of a descriptive warranty will entitle the charterers to damages and may also entitle them in certain circumstances to treat the contract as discharged and to terminate the charter. If the owners mis-describe the ship and the charterers are less well off with the ship as she actually is than they would have been with the ship as described, the charterers will be entitled to damages. In certain circumstances the charterers will have, in addition to the right to damages, the right to terminate the charter; treating the owners breach of their obligation to provide a ship with the characteristics described as a repudiation of the charter. But the charterers are not bound to treat the charter as discharged. They can affirm the charter either expressly or by conduct and exercise only then right to claim damages.