Common use of Laytime Clause in Contracts

Laytime. 2.5.1 Unless otherwise agreed by the Parties in accordance with the procedure set out in the Contract, the allowed laytime for the unloading of a quantity of the Goods shall 1 (one) calendar day for railroad delivery and 3 (three) hours for delivery by road respectively or such a lesser period as may be specified in the relevant charterparty. 2.5.2 Laytime for road deliveries shall commence upon the arrival of each auto truck to the Place of Destination. For delivery by road, the truck will be deemed to have arrived as of the moment a relevant notice is furnished by the Carrier at the Place of Destination. The Buyer may not refuse to certify the receipt of the notice and if it does so, the Carrier must immediately notify the Seller thereof and the time of arrival shall be according to the Carrier's records. The Carrier may, but not obliged to, to engage a third party to certify the carriage's arrival. The Buyer shall pay in full any Carrier's and Seller's expenses and costs related to the Buyer's refusal to certify the notification. For the purpose of calculating unloading time, unloading shall be deemed to have been completed upon disconnection of the discharging hoses and / or removal of last item of the Goods from last auto truck’s cargo space. 2.5.3 Laytime per each rail transport shall be as set out in the Contract. In the event the laytime is not set out in the Contract, then such laytime shall be 1 (one) day starting upon arrival of the loaded rail transport at the Place of Destination and ending upon the date of return of the empty rail transport to the Carrier at the Place of Destination (Return date). The day of arrival of loaded rail transport shall not be included into the laytime. Sundays and Holidays shall be included (SHINC) unless loading on the Sunday or Holiday in question is prohibited by law or regulation or custom at the unload railway zone. The date of arrival and period of stay of the railway transport at the Place of Destination until Return date (turnover period) shall be determined based on information received from the Automatic Database.

Appears in 5 contracts

Samples: Business Terms and Conditions, Business Terms and Conditions, Business Terms and Conditions

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Laytime. 2.5.1 Unless otherwise agreed (a) Time for discharging to count from 1300 hours the same Working Day if NOR is given before noon or 0900 hours on the next Working Day if NOR is given after noon during Office Hours, whether the vessel is in berth or not, unless sooner commenced then actual time used in discharging to count. Time from 1200 hours Saturday until 0900 hours on Monday and/or between 1800 hours on the last Working Day preceding a holiday until 0900 hours the next Working Day shall not count as Laytime unless used, if used actual time to count. (b) Once the vessel is on Demurrage, she shall remain on Demurrage until completion of discharging. However, if there is any delay due to vessel’s inability to discharge during the Demurrage period, then to the extent such delay is attributable to the fault of the vessel, such time lost shall not count as Demurrage time. (c) Shifting time from anchorage to the berth shall not count as Laytime, unless vessel is already on Demurrage. Similarly time lost in moving on or off a berth or from one berth to another shall not count as Laytime unless movement from one berth to another berth is requested by Buyer. Time used for initial, intermediate (if any) and final draft survey shall not count as Laytime. (d) Vessel shall open and close hatches and remove and replace beams at the Parties vessel’s risk and expense, provided same is permitted by port authorities, in accordance which case the time used for such purpose shall not count as Laytime. (e) If a Parcel is carried on the same vessel together with other cargo to be unloaded at the procedure set out Discharge Port belonging to other shipper(s) (such other cargo and the Parcel, each referred to in this Section 4.7(e) only as a ‘shipment’). If the Contract, discharge of the allowed laytime first shipment is completed during Office Hours Laytime for the unloading discharge of the second shipment shall commence two hours after completion of discharge of the first shipment unless discharging of the second shipment is sooner commenced. If the discharge of the first shipment is completed after Office Hours, Laytime for the second shipment shall commence at 0800 hours on the next Working Day, unless sooner commenced, in which case actual time used shall count as Laytime used. Any waiting time for berth at the Discharge Port shall be prorated between each shipper based on the quantity of each shipment the vessel is carrying for that specific Discharge Port. (f) Any time lost in discharging of a quantity Parcel on account of repairing the carrying vessel’s gears/equipment or due to the fault of the Goods shall 1 (one) calendar day for railroad delivery and 3 (three) hours for delivery by road respectively vessel owner, vessel master or such a lesser period as may be specified in the relevant charterparty. 2.5.2 Laytime for road deliveries shall commence upon the arrival of each auto truck to the Place of Destination. For delivery by road, the truck will be deemed to have arrived as of the moment a relevant notice is furnished by the Carrier at the Place of Destination. The Buyer may not refuse to certify the receipt of the notice and if it does so, the Carrier must immediately notify the Seller thereof and the time of arrival shall be according to the Carrier's records. The Carrier may, but not obliged to, to engage a third party to certify the carriage's arrival. The Buyer shall pay in full any Carrier's and Seller's expenses and costs related to the Buyer's refusal to certify the notification. For the purpose of calculating unloading time, unloading shall be deemed to have been completed upon disconnection of the discharging hoses and / or removal of last item of the Goods from last auto truck’s cargo space. 2.5.3 Laytime per each rail transport shall be as set out in the Contract. In the event the laytime is not set out in the Contract, then such laytime shall be 1 (one) day starting upon arrival of the loaded rail transport at the Place of Destination and ending upon the date of return of the empty rail transport to the Carrier at the Place of Destination (Return date). The day of arrival of loaded rail transport their agents shall not be included into the laytime. Sundays and Holidays shall be included (SHINC) unless loading count as Laytime or time on the Sunday or Holiday in question is prohibited by law or regulation or custom at the unload railway zone. The date of arrival and period of stay of the railway transport at the Place of Destination until Return date (turnover period) shall be determined based on information received from the Automatic DatabaseDemurrage.

Appears in 1 contract

Samples: Copper Concentrate Sales Agreement (Thompson Creek Metals CO Inc.)

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