Safe Berth/Port Warranty

The safe port or safe berth warranty is a charterparty undertaking by the charterer that the port or berth it nominates will be one the vessel can reach, use, and leave without being exposed, absent abnormal occurrence, to danger that proper navigation and seamanship cannot avoid. The classic test comes from The Eastern City (1958). Breach makes the charterer liable for resulting damage. Whether the warranty is strict or one of due diligence turns on the charter wording, an issue the US Supreme Court addressed in the Athos I case (2020).