Weather Routing & Performance Claims: Navigating Clause 32 with Confidence

 Weather Routing & Performance Claims: Navigating Clause 32 with Confidence

 

Can a performance claim be denied just because you missed a 30-day deadline?

Does "about" actually mean a legal 5% buffer?

Could failing to define “good weather” void your performance evaluation?

If these questions spark your curiosity, you're not alone. Clause 32 in your Charter Party might look routine—but for operators, charterers, and owners, it’s a legal minefield if misunderstood.

Let’s decode it.

 

Clause 32 – Weather Routing / Performance Claims: Decoded

Clause 32 outlines the procedures, rights, and responsibilities around vessel performance claims based on weather routing data. At first glance, it might appear to be a standard weather routing clause, but it is laced with performance risk, tight deadlines, and dispute triggers. Here’s how it breaks down:

🔹 1. Who Controls the Weather Routing?

Charterers may appoint a weather service (e.g., Ocean Routes) to advise the Master and monitor voyage performance. Masters must comply with their reporting procedures. However, Owners may counterbalance by appointing their own weather service in case of dispute.

⚠️ Tip: Always verify what reporting format is required (e.g., noon reports, deck logs) and align with both service providers.

🔹 2. What Constitutes ‘Good Weather’?

Defined clearly as:

• Beaufort Force ≤ 4
• Douglas Sea State ≤ 3
• Combined wave/swell height ≤ 1.25m

This is crucial because at least 40% of the voyage (laden + ballast) must qualify under this definition to validate any performance claim.

🧭 Example: If only 30% of your voyage meets this condition, any speed/consumption claim becomes invalid—regardless of the actual performance.

🔹 3. Disputes & Final Authority

If the Charterer's routing service and the ship's logs consistently contradict, an independent third-party weather bureau is appointed. Its report is final and binding.

📘 Related BIMCO Insight: Many similar clauses use Weather Routing Clause 2021 principles, emphasizing transparency and shared access to routing data.

🔹 4. The ‘About’ Clause: No Room for Ambiguity

‘About’ is contractually defined:

• 5% down on speed,
• 5% up on fuel consumption.

⚖️ Pitfall: Some operators casually assume “about” allows for flexible interpretation—it doesn’t. The clause quantifies this clearly.

🔹 5. Netting Out Gains and Losses

Any overperformance in fuel savings, speed, or time must be netted against corresponding losses—on the same voyage leg only.

🧮 Example:

• If the vessel underperforms on ballast leg but overperforms on the laden leg, claims can’t be offset. Each leg is judged independently.

🔹 6. Deadline for Claim Submission

All performance claims must be submitted in writing with a supporting report within 30 days after completing the voyage. Miss the deadline = claim waived.

⏱️ Tip: Set an internal alert or task reminder upon sea passage completion.

 

Actionable Steps for Stakeholders

✅ For Operators / Vessel Masters

• Align daily noon reports with routing service templates.
• Educate bridge teams on reporting standards.
• Note wave heights, not just wind force, to determine “good weather.”

✅ For Managers

• Pre-approve both charterer and owner-appointed routing providers.
• Audit performance data before deadlines.
• Prepare counterclaims with your appointed weather bureau.

✅ For Charterers

• Ensure 40% good weather requirement is met before lodging any claim.
• Submit claims with detailed performance reports within the 30-day window.
• Use clear routing instructions with update intervals and feedback loops.

✅ For Owners

• Preserve deck log integrity—it may be your best evidence.
• Keep ready access to backup logs, ECDIS data, and VDR snapshots.
• Appoint a reputable weather service early in the charter.

 

Conclusion: Weathering the Legal Storm Starts with Clause Clarity

Clause 32 isn’t just fine print—it’s a binding framework with legal consequences. Charterers aiming to recover fuel cost variances and owners defending vessel capability must understand every nuance.

Mastering Clause 32 can mean the difference between a clean P&L or an expensive claim settlement.

 

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