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Dear Sir,We are a ship Owners and recently after fixing

Customer Question
Dear Sir, We are a ship...
Dear Sir,
We are a ship Owners and recently after fixing the fixture via e-mails the vessel chartered to them two month ago.We begged them to sign and send the charter Party but just recently they wanted to add another addendum to CP.
We are now telling them since we do not have a signed contract we wiil not rendering any services to charterers any more. But for your information everything were agreed via e-mails. How are the legal status of these e-mails ? Do we have to continue the servicing or no we can stop since we do not have any signed contract ? Appreciate your advise.Actually without contract we are giving services to them and they are always late on payments. Through e-mails we have lots of comminucations but written and signed agreement No we have none.All e-mails comminucations were with Broker not with charterers direct.
Now if we cacel thsi charter Party , are we in default ?
Submitted: 8 years ago.Category: UK Law
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Answered in 2 hours by:
6/10/2010
Solicitor: INC, Solicitor-Advocate replied 8 years ago
INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 12,030
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi,

 

Have the other party had sight of your agreement?

 

What does your agreement state regarding termination and late and non payments?

 

Many thanks,

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Customer reply replied 8 years ago
The Contract is a normal charter Party but not signed. Regarding the payment there is a grace period which after 3 days notice I can stop the ship and services till I receive the money but I am not worried about that , since we do not have any signed contract (Charter Party) and all offer and acceptance based on some e-mails I just want to know becuase I do not have the signed contract I can cancel the services or no as per british law the e-mails have legal status and in any arbiteration those e-mails can be used against us since we have accepted the charter party in e-mails but also they should have provide the signed CP which after 2 month they did not and this point is a common practice and does not mentioned in the Fixture (e-mails).
Solicitor: INC, Solicitor-Advocate replied 8 years ago
Do the emails refer to the return of the signed agreement?
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Customer reply replied 8 years ago

No but it is a Normal Practic in shipping , already the drafts were sent via e-mails and both parties agreed.

 

Customer reply replied 8 years ago
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