Part Cargo Apportionment Clause Samples
The Part Cargo Apportionment clause defines how costs, responsibilities, or liabilities are divided among different cargoes or cargo owners when a vessel carries multiple shipments simultaneously. In practice, this clause specifies the method for allocating expenses such as freight, demurrage, or damages proportionally based on the quantity or value of each part cargo. By establishing a clear framework for apportionment, the clause ensures fairness and transparency, preventing disputes over cost-sharing and clarifying each party's obligations in multi-cargo shipping arrangements.
Part Cargo Apportionment. If the Vessel is loading any part cargo for other parties at the same berth, then any time used by the Vessel waiting at or for such berth and in loading which would otherwise count as used laytime, and after applying any laytime exclusions allowed by the governing terms, shall be pro-rated. The proration will be determined by the Seller’s loaded Cargo volume divided by the total cargo volume loaded by the Vessel at the berth. If supporting documentation, such as time sheets, statements of facts or inspection reports, allows the Parties to identify each and every counterparty’s parcel, then the following will apply:
(1) Any used laytime that occurs from the commencement of loading to the completion of loading solely for another party’s cargo shall not count in calculating used laytime for the Seller.
(2) Any used laytime from the commencement of loading to the completion of loading solely for the Buyer’s cargo shall exclusively count (100%) to the Buyer’s used laytime. It is understood used laytime is continuous from start to end. All used laytime not specifically excluded above is to be prorated to each counterparty. For the avoidance of doubt, if any time used prior to commencement of loading can be clearly determined to be the fault of specific party(ies), then such time is to be for the account of the responsible party(ies).
Part Cargo Apportionment. Whenever this Agreement covers Product which is among other cargoes to be loaded or discharged by the Vessel at the same port, and the Vessel is waiting to berth or is waiting in berth for cargo handling to commence or re-commence, or is diverted on account of ice or other risks for which diversion is authorized, then laytime and time on demurrage shall be apportioned on the basis of the ratio of the tonnage of this cargo to the total tonnage of all such affected cargoes. All time used solely for loading or discharge of the other cargoes shall be excluded from laytime and time on demurrage under this Agreement. Whenever this Product and other cargo(es) are being loaded or discharged simultaneously, laytime and time on demurrage during periods of concurrent cargo handling shall be apportioned based on the ratio of the tonnage of this Product to the total tonnage of all such cargoes subject to concurrent cargo handling.