Demurrage Issues

The following are demurrage issues that Haugen Consulting has been integral in resolving for clients:

  • What conditions must be met in order for a Vessel to tender a valid Notice of Readiness (NOR)?
  • Can a Vessel tender a valid NOR from a prior berth in the same port or is the NOR effective only from arrival at the port’s customary anchorage?
  • If upon berthing at the loadport the Vessel’s tanks are found to be unclean, is the NOR invalid?
  • If the Vessel arrives prior to laydays and tenders NOR, when does laytime start running?
  • Is time spent by the Vessel in securing the gangway not to count?
  • Foregoing a specific load rate warranty in a charter party, does the Charterer have recourse for the protracted load operations below the terminal’s standard course of performance?
  • If the Vessel fails to maintain 100 psi at the ship’s manifold and does not discharge Charterer’s full cargo in 24 hours, can the Charterer deduct the pumping time in excess of 24 hours if the shore provided only one cargo arm when the Vessel could have discharged through multiple lines?
  • If the Vessel works cargoes for other accounts at the same berth, is laytime to be prorated basis the Vessel’s total volume worked?
  • Do the conditions for delay outlined in ASBATANKVOY, Part II, Clause 19, General Exceptions, i.e. act of war, restraint of princes, rulers or people, etc. pertain to laytime and demurrage exceptions?
  • What is the difference between a port charter and a berth charter?
  • Does fog constitute a delay “beyond Charterer’s control”?
  • If a Vessel is delayed berthing due to a shore strike, which ASBATANKVOY provision prevails: (a) Part II, Clause 6, …any reason over which Charterer has no control, such delay shall not count as used laytime” or (b) Clause 8, “…reason of fire, explosion, storm or by a strike…demurrage shall be reduced one-half”?
  • Is laytime allowance to be calculated basis tonnage on freight paid–including deadfreight?
  • If the Vessel is awaiting Charterer’s berth and conducts operations for other interests in the interim, does laytime count?
  • If a terminal berths a Vessel out of turn, is that a condition “beyond Charterer’s control”?