Common use of Part Cargo Apportionment Clause in Contracts

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. If the Vessel is loading discharging 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 discharging 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 discharged cargo volume divided by the total cargo volume loaded discharged 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 discharging to the completion of loading discharging solely for another party’s cargo shall not count in calculating used laytime for the SellerBuyer. (2) Any used laytime from the commencement of loading discharging to the completion of loading discharging solely for the BuyerSeller’s cargo shall exclusively count (100%) to the BuyerSeller’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 after completion of loading discharge 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).