Common use of PUMPING PERFORMANCE WARRANTY Clause in Contracts

PUMPING PERFORMANCE WARRANTY. A. Owner warrants that Vessels are capable of discharging a full cargo in 24 hours (or prorata for part cargo) or maintaining an average pressure of 100 PSI at the Vessels’ manifold throughout the entire period of discharge excluding stripping and shore facilities permitting. B. Charterer is to be compensated at the Hourly Rate of Hire for each hour, or pro rata for each part of an hour, that the Vessels take in excess of the pumping time allowed per the rates stipulated in sub-paragraph (A) hereof. In addition, Charterer reserves the right to order the Vessels from any berth at any time at the Owner’s time and expense when this warranty is breached. Owner will receive no credit or compensation if the Vessels are able to discharge at a rate greater than those specified above. If the terminal or place of discharging does not allow or permit the Vessels to meet the above warranty, the Master shall forthwith issue a Letter of Protest (for which the Master, if possible, shall obtain acknowledgement) to such terminal or place and shall immediately advise Charterer in writing by telex or facsimile. If the Master fails to issue the Letter of Protest, Owner shall be deemed to waive any rights to contest that time was lost as a result of the Vessels’ failure to comply with the above pumping warranty. Any delay to Vessels’ discharge caused by shore conditions shall be taken into account in the assessment of pumping performance.

PUMPING PERFORMANCE WARRANTY. A. Owner warrants that Vessels are Vessel is capable of discharging a full cargo in 24 hours (or prorata for part cargo) or maintaining an average pressure of 100 PSI at the Vessels’ Vessel’s manifold throughout the entire period of discharge excluding stripping and shore facilities permitting. B. Charterer is to be compensated at the Hourly Rate of Hire for each hour, or pro rata for each part of an hour, that the Vessels take Vessel takes in excess of the pumping time allowed per the rates stipulated in sub-paragraph (A) hereof. In addition, Charterer reserves the right to order the Vessels Vessel from any berth at any time at the Owner’s time and expense when this warranty is breached. Owner will receive no credit or compensation if the Vessels are Vessel is able to discharge at a rate greater than those specified above. If the terminal or place of discharging does not allow or permit the Vessels Vessel to meet the above warranty, the Master shall forthwith issue a Letter of Protest (for which the Master, if possible, shall obtain acknowledgement) to such terminal or place and shall immediately advise Charterer in writing by telex or facsimile. If the Master fails to issue the Letter of Protest, Owner shall be deemed to waive any rights to contest that time was lost as a result of the Vessels’ Vessel’s failure to comply with the above pumping warranty. Any delay to Vessels’ Vessel’s discharge caused by shore conditions shall be taken into account in the assessment of pumping performance.