Altering the standard C/P forms and not having the charters on back to back terms may result in unexpected consequences. In The Alpha Harmony [2019], it resulted in the sub-charterer having the right to cancel as the NOR had not been tendered during permitted hours, whereas the head charterer, who had significantly amended the Norgrain form (I am assuming this was done without consultation), had no such right. Moreover, the head charterers’ amendments had created different NOR regimes for laytime & cancellation.
Both C/Ps required NOR to be delivered 0800- 1700 on a weekday and between 0800 - 1100 on a Saturday. The clause did not mention Sunday. Cancellation was allowed in sub charter if NOR was not delivered as per above clause by noon on 10th May. In head charter, cancellation clause was rather complex and has been attached as an image.
Vessel tendered NOR on 10th May, a Sunday. Both the, sub and head charterer cancelled the charter.
As for sub-charterers, cancellation was valid as there was a reference to NOR clause in cancellation cl. and both had to be read together Not so for head charterers. ‘See also Cl. xx’ were not words of incorporation and the relevant clause which talked about NOR was deemed not to be incorporated into the cancellation clause.
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