Definition
Hire runs continuously from delivery to redelivery unless the off-hire clause stops it. The classic clause, from the NYPE 1946 form, suspends hire for time lost when one of the causes it lists — typically deficiency of men or stores, breakdown of machinery, damage to hull, dry-docking — prevents "the full working of the vessel". The listed causes form a closed list: "any other cause" covers only similar causes unless the word "whatsoever" is added.[1]
Clauses come in two kinds. A "period" clause takes the ship off hire from the event until she is efficient again; a "net loss of time" clause — like NYPE clause 15 — deducts only the time actually lost. The burden is on the charterer to prove that full working was prevented, by a listed cause, and that time was lost.[1,2]
A charterer who deducts hire it was not entitled to risks the owner withdrawing the ship, so off-hire claims are worth documenting carefully — log extracts, engine records and the time each event started and ended. A late spare or a missing safety item can put a ship off hire, which is why owners pay for fast delivery.[1]
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Sources
- [1] The Shipowners’ Club — Off-hire issues (11 Aug 2023) — https://www.shipownersclub.com/off-hire-issues
- [2] The Swedish Club — Deductions from hire (FD&D guide, PDF, Aug 2019) — https://www.swedishclub.com/uploads/2023/12/FDD-Guide-1-Aug-2019-Deductions-from-hire.pdf
A working definition for buyers, not legal advice — the contract, the convention text and your club or class have the last word.