chapter  13
4 Pages

Bunkers

Quantity on delivery and redelivery 13.1 The fact that the ship may have less than the minimum quantity of bunkers required on

delivery under this clause (or more than the stipulated maximum) will not normally entitle the charterers to refuse to accept the delivery of the ship, provided that the deficiency or excess does not make the ship unfitted for the service within the meaning of Lines 21 to 24: see The North Sea [1999] 1 Lloyd’s Rep. 21 (C.A.), the facts of which are set out at paragraph 8.73, above. However, ultimately, the question depends on the construction of the charter as a whole, including, of course, any amendments to the printed form or additional clauses. If the provision as to bunkers on delivery were to be expressly or impliedly linked to the delivery requirements of Lines 21 to 24, it would probably be construed strictly: see the remarks of Hobhouse, L.J., in The North Sea, above, at page 25, quoted at paragraph 8.73, above.