Common use of Notice of Readiness Clause in Contracts

Notice of Readiness. When the Vessel is ready in all respects to load at any berth ordered by the Sellers, the Master may give written notice (Notice of Readiness). Notice of Readiness may only be given from Monday to Friday, except holidays at the loading port, between 0900 hours and 1700 hours local time. Notice of Readiness may be given whether in berth or not provided that the vessel is ready in all respects. The Sellers may give orders for a loading berth after receiving notice of the vessel's arrival in the Port. At the first Port the time for loading starts to count 24 hours after the receipt of a valid Notice of Readiness save that time will not start to count before the commencement of the Delivery Period unless actual loading commences in which case time starts to count from commencement of loading. Notice of Readiness is only to be given at the first loading port or place. If the loading berth is occupied on the vessel's arrival at or off the first loading port (or so near as the vessel is permitted to approach), the master will be entitled to give Notice of Readiness upon arrival at the port or waiting place. If so, laytime counts as if the vessel was in berth and in all respects ready for loading. Time spent moving from the waiting place to the loading berth is not to count as laytime or demurrage, even if on demurrage. A Notice of Readiness is invalid if the vessel is not, at the time a Notice of Readiness is given, in fact ready in all respects. If an invalid Notice of Readiness is given, a fresh valid Notice of Readiness must be given by the master when the vessel is in fact ready in all respects and laytime does not begin to count until 24 hours after a fresh valid Notice of Readiness has been received. Any further Notice of Readiness must comply with the procedures set out in above clause. At the second or subsequent loading port (if any) the time for loading is to count from 1200 hours on the day of arrival at the port (or so near as the vessel is permitted to approach if the vessel arrives before 1200 hours), and from 0900 hours on the following day if the vessel arrives at or after 1200 hours, unless loading is commenced earlier, in which case the time is to count from the commencement of loading. In either case, time only so commences if on arrival the vessel is in fact ready in all respects. In the case of multiple loading ports, time changing ports is not to count as laytime or demurrage, even if on demurrage. Time changing ports means time from the completion of loading at a port, time sailing from a port to the next loading port, and until laytime starts to count again as per above clause. If separations are required the cost of such separations must be paid by the Buyers. The Sellers may send the cargo alongside continuously (Saturday, Sundays and holidays included) and if the Sellers so direct the Buyers must procure that the vessel loads continuously (Saturdays, Sundays and holidays included). All overtime costs incurred through working outside customary port working hours must be paid by the party ordering that working, except officers' and /or crew's overtime which are always for the Buyers account. Should the Buyers nominated Xxxxxx(s) fail to present valid notice of readiness to load within the Delivery Period, the Sellers may at their option declare the Buyers in default and claim damages for costs directly incurred as a result of the buyers default or in their absolute discretion affirm this contract or the Sellers may carry the goods for the Buyers’ account at the rate for storage, interest and insurance current at the time of the Vessel's presentation. Such carrying charges (refer note 5) shall accrue from the day following the expiration of the Delivery Period until the day that goods are loaded and must be paid by the Buyers upon the Sellers' invoice.

Appears in 2 contracts

Samples: Contract for Grain and Oilseeds in Bulk Fob Terms, Contract for Grain and Oilseeds in Bulk Fob Terms

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Notice of Readiness. When the Vessel is ready in all respects to load at any berth ordered by the Sellers, the Master may give written notice (Notice of Readiness). Notice of Readiness may only be given from Monday to Friday, except holidays at the loading port, between 0900 hours and 1700 hours local time. Notice of Readiness may be given whether in berth or not provided that the vessel is ready in all respects. The Sellers may give orders for a loading berth after receiving notice of the vessel's arrival in the Port. At the first Port the time for loading starts to count 24 hours after the receipt of a valid Notice of Readiness save that time will not start to count before the commencement of the Delivery Period unless actual loading commences in which case time starts to count from commencement of loading. Notice of Readiness is only to be given at the first loading port or place. If the loading berth is occupied on the vessel's arrival at or off the first loading port (or so near as the vessel is permitted to approach), the master will be entitled to give Notice of Readiness upon arrival at the port or waiting place. If so, laytime counts as if the vessel was in berth and in all respects ready for loading. Time spent moving from the waiting place to the loading berth is not to count as laytime or demurrage, even if on demurrage. A Notice of Readiness is invalid if the vessel is not, at the time a Notice of Readiness is given, in fact ready in all respects. If an invalid Notice of Readiness is given, a fresh valid Notice of Readiness must be given by the master when the vessel is in fact ready in all respects and laytime does not begin to count until 24 hours after a fresh valid Notice of Readiness has been received. Any further Notice of Readiness must comply with the procedures set out in above clause. At the second or subsequent loading port (if any) the time for loading is to count from 1200 hours on the day of arrival at the port (or so near as the vessel is permitted to approach if the vessel arrives before 1200 hours), and from 0900 hours on the following day if the vessel arrives at or after 1200 hours, unless loading is commenced earlier, in which case the time is to count from the commencement of loading. In either case, time only so commences if on arrival the vessel is in fact ready in all respects. In the case of multiple loading ports, time changing ports is not to count as laytime or demurrage, even if on demurrage. Time changing ports means time from the completion of loading at a port, time sailing from a port to the next loading port, and until laytime starts to count again as per above clause. If separations are required the cost of such separations must be paid by the Buyers. The Sellers may send the cargo alongside continuously (Saturday, Sundays and holidays included) and if the Sellers so direct the Buyers must procure that the vessel loads continuously (Saturdays, Sundays and holidays included). All overtime costs incurred through working outside customary port working hours must be paid by the party ordering that working, except officers' and /or crew's overtime which are always for the Buyers account. Should the Buyers nominated Xxxxxx(s) fail to present valid notice of readiness to load within the Delivery Period, the Sellers may at their option declare the Buyers in default and claim damages for costs directly incurred as a result of the buyers default or in their absolute discretion affirm this contract or the Sellers may carry the goods for the Buyers’ account at the rate for storage, interest and insurance current at the time of the Vessel's presentation. Such carrying charges (refer note 5) shall accrue from the day following the expiration of the Delivery Period until the day that goods are loaded and must be paid by the Buyers upon the Sellers' invoice.

Appears in 1 contract

Samples: Contract for Grain and Oilseeds in Bulk Fob Terms

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Notice of Readiness. When (a) Subject to Section 3.6(c) or unless otherwise agreed, after the Vessel is ready in all respects to load vessel has cleared customs, received free pratique and arrived within harbour limits at any berth ordered by the SellersDischarge Port, written Notice of Readiness (such notice, the Master may give written notice (Notice of Readiness). Notice of Readiness may only be given from Monday ” or “NOR”) is to Friday, except holidays at the loading port, between 0900 hours and 1700 hours local time. Notice of Readiness may be given whether in berth or not provided that the vessel is ready in all respects. The Sellers may give orders for a loading berth after receiving notice of the vessel's arrival in the Port. At the first Port the time for loading starts to count 24 hours after the receipt of a valid Notice of Readiness save that time will not start to count before the commencement of the Delivery Period unless actual loading commences in which case time starts to count from commencement of loading. Notice of Readiness is only to be given at the first loading port or place. If the loading berth is occupied on the vessel's arrival at or off the first loading port (or so near as the vessel is permitted to approach), the master will be entitled to give Notice of Readiness upon arrival at the port or waiting place. If so, laytime counts as if the vessel was in berth and in all respects ready for loading. Time spent moving from the waiting place to the loading berth is not to count as laytime or demurrage, even if on demurrage. A Notice of Readiness is invalid if the vessel is not, at the time a Notice of Readiness is given, in fact ready in all respects. If an invalid Notice of Readiness is given, a fresh valid Notice of Readiness must be given by the master when of the vessel to the Purchasers or the Purchasers’ nominated agent at the Discharge Port, in accordance with local rules and regulations of the Discharge Port, during Office Hours, that the vessel is in fact ready in all respects and laytime does not begin ready to count until 24 hours after a fresh valid discharge the Parcel. If Notice of Readiness has is tendered on a day that is not a normal Working Day at the Port of Discharge or outside of Office Hours, it shall be treated as if it had been receivedtendered at the commencement of the next Working Day. Any further Notice of Readiness must comply with Time lost in waiting for the procedures set out in above clause. At the second or subsequent loading port (berth, if any, shall count as laytime. The Seller shall appoint the vessel’s agent at the Discharge Port. (b) Subject to Section 3.6(c) or unless otherwise agreed, if the time for loading discharging berth is to count from 1200 hours on not available upon the day of vessel’s arrival at the port Discharge Port and due to such unavailability at the Discharge Port the vessel cannot enter the Discharge Port, the master of the vessel will be entitled to tender NOR during Office Hours to the Purchasers’ Agent or the Purchasers’ nominated agent upon anchoring at the customary waiting place designated by the authority for the Discharge Port. Any time lost in waiting for the berth at the Discharge Port shall count as laytime. (c) If a Parcel is carried on the same vessel together with other materials to be unloaded at the Discharge Port (but at a different berth than the Parcel) belonging to other shipper(s) and such material either needs to or so near as will for any other reason be discharged first then no NOR may be given before the vessel is permitted ready to approach if the vessel arrives before 1200 hours), and from 0900 hours on the following day if the vessel arrives at or after 1200 hours, unless loading is commenced earlier, in which case the time is to count from the commencement of loading. In either case, time only so commences if on arrival the vessel is in fact ready in all respects. In the case of multiple loading ports, time changing ports is not to count as laytime or demurrage, even if on demurrage. Time changing ports means time from the completion of loading at a port, time sailing from a port proceed to the next loading port, and until laytime starts to count again as per above clause. If separations are required the cost of such separations must be paid by the Buyers. The Sellers may send the cargo alongside continuously (Saturday, Sundays and holidays included) and if the Sellers so direct the Buyers must procure that the vessel loads continuously (Saturdays, Sundays and holidays included). All overtime costs incurred through working outside customary port working hours must be paid by the party ordering that working, except officers' and /or crew's overtime which are always berth for the Buyers account. Should the Buyers nominated Xxxxxx(s) fail to present valid notice of readiness to load within the Delivery Period, the Sellers may at their option declare the Buyers in default and claim damages for costs directly incurred as a result discharge of the buyers default or in their absolute discretion affirm this contract or the Sellers may carry the goods for the Buyers’ account at the rate for storage, interest and insurance current at the time of the Vessel's presentation. Such carrying charges (refer note 5) shall accrue from the day following the expiration of the Delivery Period until the day that goods are loaded and must be paid by the Buyers upon the Sellers' invoiceParcel.

Appears in 1 contract

Samples: Copper Concentrates Sales Agreement (Solaris Resources Inc.)

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