ADDRESS:  Polish Ship Managers’ Association Pulaskiego 6 Street 81-368 Gdynia  POLAND 
                          2015-2017© Copyright Polish Ship Managers’ Association
“Costly and (wholly) preventable off-hire” by Grzegorz Kuligowski                         Due   to   the   aforementioned   events,   the   Vessel   was   delayed   by   4   days and   in   line   with   provisions   of   the   Charter   Party   signed,   Vessel   was   thus   off hire for the time needed to bring Vessel back into full operation. The   Vessel   Owners   brought   a   claim   against   the   Vessel   ‘s   Technical Manager (for a sum of about US$150,000) for: a ) the   hire   not   paid   to   them   by   the   charterers   -   during   the   off- hire period, and b)  the   additional   costs   incurred   as   a   result   of   having   to   rectify this problem outside of scheduled maintenance. The   position   and   argument   of   Vessel   Owners   was   that   if   Technical Manager    would    arrange    proper    repairs    out    once    they    were    first    made aware   of   the   issue   –   then   this   would   avoid   the   Vessel   being   off-hire   for   4 days and would not create loss of income for its Owners. Based   on   above   it   was   clear   that   the   Vessel’s   Technical   Manager   had breached   obligations   to   the   Owners   stipulated   under   the   ship   management agreement.   In   this   case   settlement   has   been   reached   between   parties   with ITIC involvement. Above    case    shall    serve    as    a    reminder    to    all    Vessels’    Technical Managers   how   important   it   is   to   be   in   full   compliance   with   all   obligations expressed    in    international    regulations    as    well    as    provisions    in    the    ship management   agreements   and   to   follow   good   practices   and   international standards in this area of the shipping business. Author   is   a   Legal   Counsel   and   Insurance   &   Claims   Manager   for   the Green Management sp. z o.o. (part of Caiano Shipping) Please      see      more      information      about      the      Author      on      the      page      :        www.gkuligowski.eu Return to page 1
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