Neon Shipping v Foreign Economic & Technical Cooperation

摘要

On 6 December 2006 the claimant buyer entered into a shipbuilding contract with the defendant sellers for the design, build and supply of a 57,000 dwt bulk carrier (the Contract). The buyer accepted the vessel without reservation and she was delivered on 12 November 2009. Article XI of the Contract provided for a "Guarantee Period" of 12 months, which expired on 12 November 2010. More than three years after the vessel was delivered the buyer complained that the cargo cranes were faulty in that the slew bearings of the cranes were subject to excessive wear. One crane had to be taken out of service and the bearings of the other cranes had to be replaced. Thereafter the cranes were limited to 27 tonnes on hook and 20 tonnes using grab.