LAYTIME AND DEMURRAGE Sample Clauses
The Laytime and Demurrage clause defines the time allowed for loading and unloading cargo (laytime) and sets out the consequences if these operations exceed the agreed period, typically in the form of demurrage charges. In practice, this clause specifies how laytime is calculated, what events count towards or interrupt laytime, and the rate at which demurrage is payable if the vessel is delayed beyond the allowed time. Its core function is to allocate the risk and cost of delays between the shipowner and charterer, ensuring both parties have clear expectations regarding time management and financial responsibility during cargo operations.
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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. 21.1 Upon arrival at the discharge terminal or the customary anchorage or other waiting place at the discharge terminal, Seller shall cause the master or his representative to tender to Buyer or Buyer's representative by facsimile, telex or telegram NOR to discharge the Products.
21.2 Laytime shall commence at six (6) running hours after NOR is tendered at the discharge terminal, or upon the vessel's arrival in berth (i.e. finished mooring when at a sealoading terminal and all fast when loading alongside a wharf), whichever first occurs.
21.3 Laytime allowed to Buyer for discharging each cargo shall be thirty-six (36) hours for discharging a full cargo and pro-rata thereof for part cargoes, Sundays, holidays and nights included.
21.4 Discharge of the cargo shall be continuous. Any time consumed for the purpose of clearing shore pipe lines of cargo after discharging by arranging for the vessel to pump water through them shall count as used laytime or, if the vessel is already on demurrage, as time on demurrage. Laytime shall cease upon disconnection of the delivery hoses from the vessel once discharge and shore pipe line clearing, if applicable, is complete.
21.5 In the event of lightering undertaken at the request of Buyer all time used in connection with lightering operations (such time shall commence when the vessel arrives at the lightering site designated by Buyer and shall end when the cargo hoses have been disconnected from the last cargo receiving vessel) shall count as used laytime, or, if the vessel is on demurrage, as time on demurrage.
21.6 Subject to Sections 6.7 and 6.8 and to any provision to the contrary agreed by the Parties or agreed under the nomination procedure, for all time used in excess of the allowed laytime set out herein, Buyer shall pay demurrage to Seller per running hour and pro rata for portions thereof at the demurrage rate and in the currency specified in the charter party.
21.7 Seller's right to demurrage (as set out herein) is a genuine pre-estimate of Seller's damages in respect of any failure by Buyer to complete the discharge within the allowed laytime. It is agreed that Buyer's obligation as to laytime and liability as to demurrage shall be absolute and not subject to qualification by the Force Majeure provisions of Section 6. However, if Buyer incurs liability for demurrage at the discharge terminal by reason of fire, storm, explosion, strike, lockout, stoppage or restraint of labour or by breakdown of machinery or eq...
LAYTIME AND DEMURRAGE. For whatever reason, APETRA will not be liable, nor pay for demurrage.
LAYTIME AND DEMURRAGE. 15.1. The total laytime allowed for cargoes shall be 96+6 hours for load port. (If Vsl needs to load coolant from Seller, Laytime will be commenced since vessel’s NOR for loading main cargo.)
15.2. Demurrage rate: 44,000 USD/DAY.
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. Failure by Seller to deliver on a specific date shall not entitle Buyer to repudiate this Agreement. Buyer shall not be relieved of any obligations to accept or pay for products by reason of any delay in delivery or dispatch. Furthermore, no liability shall result to either party for delay in performance or non-performance of an obligation hereunder (except an obligation to make payment) in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to acts of God, terrorist activity, tran...
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. 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. 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 barge nomination.
3.2. Any claim with supporting documentation shall be submitted within 30 days of the date of completion of discharge from the barge (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 barge owner and in no event shall demurrage be payable exceeding the amount actually incurred and invoiced by the Third Party vendor to Buyer or by the barge owner to Buyer. If a copy of owner’s invoice is not available for the claim handling, Seller has the right to request from ▇▇▇▇▇ and Buyer shall provide Seller 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 barge 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 barge 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 Seller.
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
