In a time charter party, the breakdown of a chartered vessel can have implications for both the charterer and the owner with regards to their respective liabilities. Typically, a time charter party outlines the responsibilities and obligations of both parties during the charter period. In the event of a ship breakdown, the specific terms and clauses within the charter party will play a crucial role in determining liability.
Generally, in cases of ship breakdown due to mechanical failure or other unforeseen issues, the charterer’s obligations may be influenced by clauses related to vessel maintenance and operation. If the breakdown is a result of negligence or improper use by the charterer, they might be held liable for the costs associated with repairs and any resulting losses due to delays in the charterer’s operations.
Conversely, the owner’s liability may also be influenced by clauses addressing the vessel’s condition and seaworthiness at the commencement of the charter. If the breakdown can be traced back to pre-existing defects or failures inherent to the vessel prior to the charter, the owner may be held responsible for the costs of repairs and any losses suffered by the charterer due to the breakdown.