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The charter was governed by English law and provided for the exclusive jurisdiction of the English High Court. It also provided for the Hague-Visby or Hague Rules to apply to cargo claims, contained no general provision regarding dates and time, and by clause 15(3) provided that:
"Owners shall notify Charterers within 60 30 days after completion of discharge if demurrage has been incurred and any demurrage claim shall be fully and correctly documented and received by Charterers, within 90 days after completion. If Owners fail to give notice of or to submit any such claim with Documentation provided available, as required herein, within the limits aforesaid, Charterers’ liability for such demurrage shall be extinguished."
In the event, the vessel loaded at Santos, Brazil and final discharge of the cargo was completed at Long Beach, California, as a result of which 151 hours and 48 minutes of time on demurrage was spent, equating to USD487,183.12, as per Owners’ demurrage invoice.
