LAYTIME AND DEMURRAGE. Time allowed The time allowed for Buyer to discharge the quantity of the Product deliverable by each vessel hereunder shall be: A. in the case of discharge of a full cargo lot 36 hours; or B. in the case of discharge of a part cargo lot, that proportion of 36 running hours which the quantity of the Product in the cargo plus 5 percent bears to the total quantity of Product loaded on the vessel at the loading terminal(s), All days and holidays included unless discharging on the day or holiday in question is prohibited by law or regulation at the discharge port. Running hours A. Save as provided elsewhere in this Agreement, running hours shall commence berth or no berth 6 hours after valid notice of readiness to discharge (“NOR”) is tendered or on commencement of discharge, whichever is earlier. For the purposes of calculating running hours, discharge shall be deemed to be completed upon disconnection of discharging hoses. B. Any delay arising out of or in connection with any of the following situations shall not be counted or included in calculating the time taken by Buyer to discharge the Product or the time in respect of which Buyer is liable for demurrage (whether or not the vessel is already on demurrage): i. awaiting free pratique, tugs, tides, pilot or daylight; ii. inward passage until the vessel is securely moored at the berth and its gangway, if it is to be used, is in place; iii. preparing for and handling or shifting of ballast, bilges, slops or other substances or bunkering unless concurrent with cargo operations; iv. restrictions imposed by the owner, charterer or master of the vessel; v. any breakdown of the vessel’s equipment or failure to comply with the requirements of the discharge port with respect to equipment aboard or any other matter causing delay or restriction to discharge operations; vi. time spent complying with any of the regulations and other requirements at the discharge port/terminal; vii. any other delay attributable to the vessel, Seller or agents of Seller; or viii. any onboard strike by members of the crew. C. Any delay arising out of or in connection with adverse weather or sea state shall count as per the governing charter party. D. Notwithstanding the force majeure provisions of this Agreement, any delay in discharge of the shipment by reason of a strike, labour dispute or lock out of any shore side workmen essential to the discharge shall count as per the governing charter party provided always that the cause of the del...
LAYTIME AND DEMURRAGE. Buyer has two methods of requesting Seller to provide a Cargo to meet Buyer’s Requirement, the Execution Method and the Supply Point Method.
(a) As used herein, “demurrage” means the time in excess of the laytime allowed to Buyer calculated as per this Clause 16 and/or the agreed damages payable by Buyer to Seller for the excess time for Time Chartered Vessels as will be agreed upon pursuant to Clause 14(a)(iii).
LAYTIME AND DEMURRAGE. When Seller’s nominated vessel is ready to discharge and is within the Biodiesel Delivery Window, which shall be deemed to be the 24-hour period commencing 00:01 hours local time on the calendar Day of the ETA advised Hawaiian Electric ten (10) Days prior to arrival and ending 24:00 hours local time that same calendar Day as per this Section 6, Seller shall provide Hawaiian Electric Notice of Readiness (“NOR”). Laytime shall commence six (6) hours after NOR is tendered or three (3) hours after Seller’s nominated vessel is secure at the Discharge Pier, whichever shall first occur, provided that the end of said six (6) hours is within the Biodiesel Delivery Window. If Seller’s Nominated Vessel tenders NOR before the Biodiesel Delivery Window, the NOR shall be effective 00:01 hours local time on the Biodiesel Delivery Window. Allowable laytime shall be equal to the total volume of the shipment in barrels, as determined by the Independent Inspector from gauging the receiving or issuing tank(s) in Hawaiian Electric's Receiving Facility, divided by 1,000 barrels per hour plus additional time required for the receiving and discharging of the Pipeline Displacement Medium. Laytime shall cease when the hoses are disconnected. Demurrage shall be payable at a rate equal to Seller’s actual invoiced demurrage cost for each hour used and prorated for each portion of an hour used in excess of allowable laytime.
LAYTIME AND DEMURRAGE. Except as otherwise specifically provided in this schedule and except to the proportionate extent of the gross negligence or willful misconduct of Magellan, in no event will Magellan have any liability to Customer for laytime or demurrage.
LAYTIME AND DEMURRAGE. Buyer shall unload tank containers, cars, trucks and barges furnished by Seller and clear products from port, or at delivery destination, within the free time specified by tariffs or time periods on file with applicable bodies, or promptly after receipt if no such tariffs or time periods are on file. Buyer shall pay charges resulting from its failure to do to Seller or directly to the common carrier upon receipt of invoice. For bulk marine shipment, demurrage charge at load port is for account of Seller and at discharge port for Buyer’s account. For sales other than FOB sales, laytime allowed, demurrage rate and applicable charter party terms shall be as specified in Seller’s vessel nomination to Buyer failing which, the terms in Seller’s contract of affreightment with the vessel owner shall apply and Buyer shall pay Seller or the carrier the demurrage incurred at the discharge port by Seller’s stipulated deadline. Subject to the foregoing, for the first discharge terminal, laytime shall commence six (6) hours after the vessel’s notice of readiness is tendered to Buyer (or its agent) or upon the vessel being all fast to the discharge terminal, whichever occurs first, and for subsequent discharge terminal(s), laytime shall commence immediately when the vessel’s notice of readiness is tendered to Buyer (or its agent). Laytime shall cease upon disconnection of all cargo hoses upon completion of discharge. For FOB sales, vessels nominated by Buyer are subject to Seller’s screening, inspection and acceptance process and Seller’s agreement to loading-date range duration / loading-date range narrowing profile / loading-date range communication leadtime and other shipping logistics, and any claim for demurrage by Buyer shall be waived unless notice in writing of such claim is received by Seller with full supporting documentation (including the invoice and time sheet issued by the vessel) by Seller’s stipulated deadline. There are no oral understandings, representations or warranties between the parties that conflict with these Standard Terms and Conditions or the details of price, payment, shipment or delivery schedule as communicated by Seller. No modification of any Standard Terms and Conditions shall be of any force or effect unless such modification is in writing and signed by the party to be bound thereby, and no modification of the same shall be effected by the acknowledgement of Buyer’s purchase orders or equivalent forms containing terms and conditions at ...
LAYTIME AND DEMURRAGE. AT DISCHARGE PORT BUYER WILL BE ALLOWED A TOTAL LAYTIME OF (48) HRS PLUS 6 HRS FROM THE VESSEL TENDERED NOR UNTIL THE HOSE DISCONNECTED FROM THE VESSEL LAYTIME SHOULD CONTINUE TO COUNT IN CASE IF DELAYS IN VESSEL RELEASE IMMEDIATELLY AFTER HOSE DISCONNECTION OR DUE TO ANY FINANCIAL AND OR COMMERCIAL HOLD ON THE BUYER’S SIDE DEMURRAGE AS PER CHARTER PARTY TERMS AND CONDITIONS BUT NOT MORE THAN USD$22,000 PDPR. DOCUMENTS TO BE SUBMITTED FOR THE CLAIM:
1) DEMURRAGE CLAIM CALCULATION
2) STATEMENT OF FACTS/TIME SHEET ISSUED BY THE MASTER OF THE VESSEL, THE MUTUALLY APPOINTED INDEPENDENT INSPECTOR AND/OR AGENTS
LAYTIME AND DEMURRAGE. 5.1. Upon arrival of the vessel at the customary anchorage of the port of loading, the Master or ship agent shall give a written Notice of Readiness for Goods loading to the terminal's representative at this port. This Notice may be given at any time of day and night. When in ice conditions, if only for this reason the vessel is not able to proceed by itself to the customary anchorage of the port of loading and time for waiting on requested icebreaker support exceeds 12 hours, Notice of Readiness for loading may be tendered, when at the edge of ice field, at the ice convoy rendezvous point closest to the customary anchorage of the port of loading and safe for the vessel.
LAYTIME AND DEMURRAGE. 3.1. Laytime and demurrage is calculated at the rate confirmed in the accepted vessel nomination.
3.2. Any claim with supporting documentation shall be submitted within 90 days of the date of completion of discharge from the seagoing vessel (completion of discharge date = day 1).
3.3. Claims delivered after the number of days set forth in this paragraph shall be deemed to be waived and no claim may be brought in respect of them. Demurrage shall only be payable if actually claimed and invoiced by the vessel owner and in no event shall demurrage be payable exceeding the amount actually incurred and invoiced by the Third Party vendor to Trinseo or by the vessel owner to Trinseo. If a copy of owner’s invoice is not available for the claim handling, Dow has the right to request from Trinseo and Trinseo shall provide Dow without undue delay with a copy of the Third Party vendor invoice for verification only; it shall not serve as a supporting documentation for the claim handling according to section 3.5.
3.4. The invoice for the claim is issued upon acceptance. Demurrage is payable 30 days after date of invoice.
3.5. Demurrage claim supporting documents for any claim shall include, but not limited to, time sheets from load and discharge installation, any letter of protest, Owner’s demurrage calculation and invoice, the copy of the vessel nomination (including the confirmation email). In the event of a time charter party provide time charter declaration, time sheets from load and discharge installation, any letter of protest, the demurrage calculation and the copy of vessel nomination (including the confirmation email). In case of any non-compliance with this provision the claim shall be rejected in full.
3.6. Loading prior laycan: All time used for loading prior to laycan shall be deducted from the claim to Dow.
LAYTIME AND DEMURRAGE. (A) Except as set out below, laytime will commence at both loading and discharging locations when the Vessel is all fast. Laytime shall continue until such time as hoses are disconnected from the Vessel. If Owner elects to put two Vessels alongside the ship to be lightered simultaneously even though ship to be lightered cannot transfer simultaneously, the waiting time for the second Vessel shall not be counted as used laytime. In the event the ship to be lightered is in position but unable to transfer cargo for any reason not caused by the Vessel or Owner or Owner’s officers, crew, employees or independent contractors and Charterer directs Owner to hold the Vessel until such time as ship to be lightered is able to transfer cargo, or a berth is not available on the Vessel’s arrival at the discharge berth, laytime will commence when the Vessel arrives off such discharge berth or at the nearest customary anchorage or hang-on berth for such vessels awaiting such berth, but time from leaving such anchorage or hang-on berth until the Vessel’s all fast shall not count as used laytime. In the event the channel(s) leading to or from the designated berth is (are) obstructed such that the Vessel cannot proceed, laytime will commence when the Vessel arrives at the nearest customary anchorage for such lightering Vessels awaiting such berth or passage, and shall cease when Owner’s Vessel leaves such position. Any delay to the Vessel in reaching or leaving its berth, caused by or attributable to the Vessel or Owner or Owner’s officers crew, employees or independent contractors shall not count as used laytime or time on demurrage. Any delay due to Vessel’s condition or breakdown or inability of the Vessel’s facilities to load or discharge the cargo within the time allowed shall not count as used laytime or time on demurrage. Charterer will use due diligence to provide a safe berth at no cost to Owner until the channel(s) is (are) safe for transit by the Vessel. The Charterer shall provide at no cost to the Owner linemen and, if required, launch service to assist [****] Confidential Treatment Requested 13 in securing and releasing the Vessel’s lines at all loading and discharge ports. Vessel personnel shall have the responsibility of tending mooring lines.
(B) Charterer shall pay demurrage per running hour and prorata for a part thereof at the rate specified in Schedule C for all time not excepted that used laytime exceeds the allowed laytime as set forth in Schedule C. If...
LAYTIME AND DEMURRAGE. 13.1. TOTAL LAYTIME ALLOWED FOR LOADING SHALL BE [Redacted – negotiated commercial terms] RUNNING HOURS EXCLUDING FRIDAYS, SATURDAYS AND PUBLIC HOLIDAYS.
13.2. DEMURRAGE, IF ANY, SHALL BE FOR THE ACCOUNT OF SELLER AND CALCULATED AS PER CHARTER PARTY RATE, TERMS, CONDITIONS AND EXCEPTIONS (SAVE WHERE THERE IS NO CHARTERPARTY RATE IN WHICH CASE SECTION 7.5.2 OF THE 2015 BP GTCs (AS DEFINED BELOW) SHALL APPLY) AND SHALL BE DEDUCTED FROM SALE PRICE.
