Force Majeure is a legal 'out' for parties to a contract whereby an external event, which is not in the control of either of the parties, results in one party being unable to perform its obligations. The Shipyard has a contractual timeline to deliver the remaining five vessels to the AM's company and Force Majeure is a permissible delay which 'stops the clock' on any financial penalties from late delivery.
'Typhoon Jelawat' formed to the east of the Philippines in late September and meandered north before passing over Japan on the 1st of October.
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Typhoon Jelawat's path |
Unfortunately, the ship carrying the two Doosan-built MAN B&W engines for the final two vessels 'Columbus' and and 'Tasman' left for Subic Bay as Jelawat formed, and despite hugging the Chinese coast got a hammering. The two Intermediate shafts and two tail shafts broke free from their lashings and rolled around inside the cargo hold. The engine entablature (upper engine part) for 'Tasman' slipped off its securing chocks, damaging the machined surface where it joins with the bedplate holding the crankshaft.
The engines are shipped with the pistons and conrods hanging up inside, and securing wires broke causing the rods to swing and damage sides of the crankcase.
Both engines are being shipped back to Korea for repair by the Manufacturers and the Shipyard has declared Force Majeure, allowing them to delivery the last vessels late and without penalty.
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Tailshafts broke free |
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Crankcase door impact damage |
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Surface joining entablature and bedplate deformed |
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Exhaust gas receiver damaged |
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Engine will be returned to Korea |
The Antipodean Mariner