183. How far statements in charterparty about the vessel are conditions.

The shipowner must tender to the charterer the actual ship contracted for in the charterparty and, in the absence of a clearly drafted substitution clause, the shipowner is neither bound nor entitled to tender another ship1. But the fact that the vessel has been renamed is prima facie not crucial and, in the absence of contrary agreement or some very material significance of the name to the charterer, will not entitle the charterer to withdraw2.

Those statements in a charterparty relating to the position of the ship at the date of the charterparty3 and to her carrying capacity4 are to