Common use of Documentation and Filing of Demurrage Claims Clause in Contracts

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.