Without guarantee (W.O.G.) If a statement is made either during negotiations or in a charterparty and it is qualified with the words (or abbreviation) this indicates that the party using the qualification is not
prepared to be bound by the content of the statement. In an old case concerning The Thoger, 1921, the vessel was described in a time charterparty as having a deadweight capacity “… supposed to carry about 600 tons but no guarantee given…”. The time Charterer sub-let the vessel under a voyage charter and the charterparty gave the same description of the vessel, adding the words “without guarantee”. In fact, the ship could not actually carry the described deadweight of cargo. The judge decided that the owners had not breached-their obligations to give the charterers the “full reach and burden” of, the vessel. In any case, he decided that the words “without guarantee” when referring to the vessel’s deadweight carrying capacity prevented the charterers and the sub-charterers from bringing an action for breach of warranty. . The phrase is commonly used, particularly during negotiations, in order to protect the different parties, including the shipbrokers.
