Documentation and Filing of Demurrage Claims Sample Clauses

Documentation and Filing of Demurrage Claims. Prior to the sailing of the Vessel, Seller shall be provided with a copy of the Vessel’s time log. Any demurrage claim against the Seller must be made by written notice delivered to the Seller within ninety (90) days of the bill of lading date, and accompanied by evidence substantiating each and every constituent part of the claim. Any claim submitted after the ninety (90) days is deemed waived. Fully documented demurrage claims shall be accompanied by supporting documentation, including a copy of the Vessel's statement of facts, or Xxxxxx agent’s time sheet, a copy of the charter party or the charter party recap, NOR document, laytime statement, discharge pumping logs, and any notices of protest that may have been issued with respect to delays. In addition, any demurrage claim for a barge shall be accompanied by a copy of the barge owner’s demurrage invoice and laytime statement, or the Vessel party’s time charter invoice and time calculation. If the supporting documentation is not actually received within the ninety (90) days of the bill of lading date, the claim shall be deemed to be waived. If the Buyer fails to submit documents within the ninety (90) days of the bill of lading date, which are later discovered and which would change the amount recoverable under the demurrage claim, the additional amount shall be considered to be a new claim which is time barred. Upon receiving that untimely claim, the Seller may, at its sole discretion, waive the time bar and consider an untimely claim on its merits. No such waiver by the Buyer shall be construed as a waiver of the time bar on any subsequent claims.
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Documentation and Filing of Demurrage Claims. Prior to the sailing of the Vessel from the berth, Seller shall be provided with a copy of the Vessel’s time log. Demurrage claims shall be accompanied by a copy of the charter party if applicable, agent’s port log, NOR documents, laytime statement, the Vessel owner’s demurrage invoice and calculations, the Vessel’s statement of facts, as well as such other supporting data as may be reasonably requested by Seller. Any demurrage claim by Buyer must be submitted in writing and actually received by Seller with all supporting documentation within 90 days from the date of completion of loading. IF THE CLAIM AND APPROPRIATE DOCUMENTATION IS NOT ACTUALLY RECEIVED WITHIN THE SPECIFIED TIME, THE CLAIM SHALL BE DEEMED TO BE WAIVED.
Sample 1
Documentation and Filing of Demurrage Claims. Xxxxxxxxx claims must be accompanied by such supporting data as may reasonably be required to confirm charges paid or due to third parties and to document times, events, schedules, pumping rates, pressures or other matters concerning the claim. Any demurrage claim by the Vessel Party must be submitted in writing, with supporting documentation, within 90 calendar days after laytime has ended. No claim will be paid that is received more than 90 days after laytime has ended. Demurrage charges will be due within 60 calendar days from receipt of invoice and supporting documents. The fact that the owing party has not collected demurrage from a third party is not an excuse or defense to a claim for payment by the owed party. Demurrage payable to the Vessel Party may not exceed actual demurrage paid to the Vessel owner. The Vessel Party is required to provide all necessary documents supporting/confirming payment to the Vessel owner.
Sample 1
Documentation and Filing of Demurrage Claims. Xxxxxxxxx claims shall be accompanied by a copy of the Vessel’s pumping logs signed by the Master, a copy of the charter party, agent’s port log, NOR document, laytime statement, Vessel owner’s invoice (where applicable) as well as such other supporting data as may be reasonably requested by the Terminal Party. Any demurrage claim by the Vessel Party must be in writing, and actually received by the Terminal Party with all supporting documentation, within ninety (90) days from the time of completion of loading or discharging, defined as the disconnection of hoses. IF THE SUPPORTING DOCUMENTATION IS NOT PROVIDED WITHIN THE SPECIFIED TIME, THE CLAIM WILL BE DEEMED TO BE WAIVED. THE TERMINAL PARTY SHALL NOT BE OBLIGATED TO PAY DEMURRAGE IN EXCESS OF THE AMOUNT ACTUALLY INCURRED BY THE VESSEL PARTY. DOCUMENTS WILL BE PROVIDED TO THE TERMINAL PARTY THAT CONFIRM ACTUAL DEMURRAGE PAID (WHERE APPLICABLE) BY THE VESSEL PARTY. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, NO CLAIMS FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY NATURE SHALL BE MADE BY EITHER PARTY RELATING TO DEMURRAGE. All demurrage claims must be submitted to Xxxxxxxxx@Xxxxxxxxxxxxxxx.xxx to be considered valid.
Sample 1

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