Laytime and Demurrage

Fault of shipowner

alleged cargo damage –

application of principle –

ballasting –

breach of contract –

breach of obligation

bunkering –

cargo contamination

closing hatches

communications with vessel

consignees, and –

deballasting –

demurrage and cargo damage/delays on voyage –

fault –

joint nature of loading and discharging

intent defect

opening hatches

payment of port dues

seal inspections

speed claims in voyage charters –

stevedores, and –

whose fault –

Fixed laytime

absolute liability calendar days –

colliery working days –

conventional days –

definitions

generally –

interruptions and exceptions to laytime, and

Mabon’s day

overview ,

rate per hatch

Charterparty Laytime Definitions

generally –

rate per hook –

rate per (available) working hatch availability of holds

rate per hatch –

rate per hook –

specified number of available working hatches –

total daily rate –

reference to rates of working cargo

Page 613

introduction

rate per working hatch –

total daily rate –

running days

generally –

‘‘weather permitting’’ –

running hours

‘‘weather permitting’’ –

running working days ,

Saturdays

calculation method A

calculation method B

calculation method C –

introduction –

units of time

‘‘weather permitting’’

generally –

working days of 24 consecutive hours

working days of 24 hours

working hours

weather working days of 24 consecutive hours

Charterparty Laytime Definitions

generally –

weather working days

calculation of weather interruptions –

incomplete days –

Saturdays –

working days

colliery working days –

running working days ,

‘‘weather permitting’’ –

working days of 24 hours

working hours per working day –

Flushing the sealine

interruptions and exceptions to laytime, and –

Force majeure

correct approach

factors

generally ,

Free pratique and quarantine

legal readiness to load and discharge, and –

meaning

Frost

interruptions and exceptions to laytime, and –

Frustration

death or incapacity

destruction of ship or cargo –

by fault of either party

generally –

illegality where performance required –

insured value of vessel and repair cost

inordinate delay –

Law Reform (Frustrated Contracts) Act 1943 , , ,

overview

self-induced –

and strikes

types

GAFTA fob contracts

readiness under

Gear breakdowns interruptions and exceptions to laytime, and

Gencon

Gencon 94 –

ice clause

notice of readiness, and

strikes, and –

first paragraph –

interpretation –

second paragraph –

text

third paragraph –

waiting for berth, and –

General exceptions clauses –
- any other cause beyond the control of charterers –
- strikes and force majeure –

Good faith –, ,

Half rate demurrage

generally –

storm –

Hatches

opening and closing

Hindrances

meaning

Holds

availability –

Holidays

BIMCO calendar

causation

charterparty , –

common law definition

custom and practice, by –

‘‘general or local holidays’’ ,

generally –

law, by –

‘‘legal holidays’’

‘‘legal and local holidays’’ –,

Page 614

‘‘local holidays’’ ,

Louisiana , , , ,

meaning –

‘‘non-working holidays’’

‘‘official and local holidays’’ –

part day holidays

regulations, by –

super holidays –

types –

working days, and –

Honesty –

Ice

cargo operations and –

effect

interruptions and exceptions to laytime, and –

Ice clauses , , –

Icebound port , –

Illegality

frustration, and –

Immediate and effective disposition of the charterers , ,

‘‘In regular turn’’

generally –

‘‘In usual turn’’ –

Inaccessible

meaning –

Inactivity by charterer

completion of laytime, and –

Incomplete days –

Incorporation of charterparty terms

demurrage, and –

Indian cases

commencement of laytime –

Indorsees

demurrage, and –

Inordinate delay

frustration, and –

Interruptions and exceptions to laytime

adverse weather –

Altus, the , ,

‘‘any other cause beyond the control of charterers’’ –

atmospheric precipitation

ballasting –

bore tides –

bunkering –

cargo gear breakdowns

charterer’s duties –

closing hatches

communications with vessel

congestion –

contra proferentem rule –

crane breakdowns

customary laytime, and

deballasting –

difference between the two

exclusion of fault –

fault of shipowner –

force majeure ,

general exceptions clauses –

general principles –

holidays –

meaning

non-production of bills of lading –

overtime ordered by port authorities –

shifting –

strikes –

working in excepted periods, –

‘‘Inward passage’’ , ,

Kolcata/Haldia/Sandheads

Laws of Oleron –

Lay days

calculation ,

Laytime

cases –

construction of clauses –

definitions , Appendix B

development of law –

intentions of parties –

once commenced runs continuously

single period covering loading and

discharging or separate periods

standard definitions

terminology and abbreviations, Appendix C

Laytime as a total daily rate – specified number available workable hatches –

Laytime by reference to rates of working cargo

Laytime clauses

principles of construction

Laytime expressed as a total daily rate –

Page 615

‘‘Legal holidays’’
- interruptions and exceptions to laytime, and

‘‘Legal and local holidays’’

interruptions and exceptions to laytime, and –

Legal readiness to load and discharge

additional requirements –

common law –

contracts of sale –

customs clearance

free pratique and quarantine –

generally –

implied requirements –

the Indian cases –

Length of delay

strikes, and see Strikes

Liability for demurrage , , , , , , , , , , , ,

Liability of bills of lading holders inter se

‘‘Liberty to complete’’ clause

multiple charters, and see Multiple charters

Lien

and claims for detention

demurrage, and , , , , –, –

detention, and –

Lightening

Exxonvoy 1984

generally –

time used –

Limits of delay

Liner terms

customary laytime, and

Liquid cargo

completion of laytime, and –

Local custom

Saturdays, and –

‘‘Local holidays’’ ,

Local law

Saturdays, and –

Lock–out of essential workmen

Centrocon strike clause, and –

meaning

Loss of turn

commencement of laytime, and –

Mabon’s day

colliery working days, and

Master’s claim

demurrage, and –

Mitigation

demurrage, and –

Multiple charters

cargo operations carried out whilst waiting –

carriage of edible vegetable oils commencement of laytime –

demurrage –

introduction –

laytime –

nomination of loading and discharging berths

squeegeeing and sweeping –

transhipment –

demurrage –

‘‘liberty to complete’’ clause

read separately or together –

time lost in waiting for berth –

Natural phenomena

customary laytime, and –

New Worldscale 100

demurrage, and

Nomination of discharge port

Nomination of ports – changes

Non-production of bills of lading

cargo gear breakdown

crane breakdown

exceptions ,

excessive air draft

general principle

interruptions and exceptions to laytime, and –

‘‘Non-working holidays’’

interruptions and exceptions to laytime, and

Non-working part of day

Saturdays, and

Norgrain charter

ice clause

waiting for berth –

Notice in advance of arrival –

Notice of Arrival and detention

Notice of readiness

acceptance –

Asbatankvoy –

advance of arrival, in –

common law

contracts of sale

correctness –

definition

demurrage, and –

express provisions –

Gencon, and

Page 616

generally –

implied requirements –

Indian cases, the –

legal readiness –

notice given before commencement due to laytime –

notice in advance of arrival –

physical readiness

premature

rejection after acceptance

tender of notice in excepted periods –

tender of notice in office hours –

tendered outside permitted hours

time lapse between readiness and commencement of laytime –

waiver

when and how to be given

Notice of readiness sent by radio

Obligation to load/discharge

commencement –

Obstacle, nature of –, –

Obstructions

Centrocon strike clause, and docks, in –

loading places, in –

meaning

railways, on –

‘‘Official and local holidays’’

interruptions and exceptions to laytime, and –

Oleron, laws of

Once on demurrage, always on demurrage , , , , ,

Opening hatches

fault of shipowner, and

Opening and closing of hatches

Overstowed cargo

physical readiness to load and discharge, and –

Overtime

ordered by port authorities –

Saturdays

Parker, ‘‘The Parker test’’ ,

Part day holidays

interruptions and exceptions to laytime, and

Payment of demurrage

generally –

time –

Payment of port duties

fault of shipowner, and

Physical readiness to load and discharge load and discharge equipment –

Port

limits –

meaning –

Port authorities

actions of –

Port charters

arrival within the port

generally –

immediate and effective disposition of the charterer –

introduction

Port dues

payment

Port, nomination of

Proof of loss

demurrage, and –

Provision of cargo

strikes, and –

Provision of defective cargo, –

Pumping performance formula

Pumping warranties , , , , , , ,

Quarantine –
- legal readiness to load and discharge, and –

Quick despatch

customary laytime, and ,

Railways

Centrocon strike clause

Rate of demurrage

generally –

New Worldscale

Rate per (available) working hatch

Rate per hatch –

Rate per hook –

Rate per working hatch –

Rate of working cargo –

Reachable

meaning

Reachable on arrival , –, , , , , ,

Page 617

–, , , , ,
- Baltic Code 2007
- meaning –
- shifting from anchorage to berth, and –

Readiness

GAFTA f.o.b. contracts, under

Readiness and readiness –

Readiness to load and discharge

additional requirements –

common law –

contracts of sale –

customs clearance

equipment –

free pratique –

generally –

implied requirements –

legal readiness –

overstowed cargo –

physical matters –

physical readiness –

quarantine –

the Indian cases –

‘‘Reasonable time’’

customary laytime, and –

terms of charterparty –

Reasonableness , ,

Receivers

demurrage, and –

Reid, ‘‘The Reid test’’ , , , , , , ,

Reversing

cases –

despatch, and –

introduction –

Riots

Centrocon strike clause, and –

Risk

appointment

Running days

generally –

‘‘weather permitting’’ –

Running hours

generally

‘‘weather permitting’’ –

Running working days

Sandheads clauses

Saturdays

Baltimore Form C clause –

custom –

generally –

local law –

non-working part of day

overtime

weather working days, and

calculation method A

calculation method B

calculation method C –

introduction –

weekend clause –

Seal inspections

fault of shipowner ,

SHEX ,

Shifting

anchorage to berth, from –

anchorage outside port, from ,

clauses providing for time not to count –

custom –

demurrage, and

enforced –

expenses –

generally –

one berth to another, from –

reachable on arrival –

time limits of The Laura Prima decision –

SHINC , , ,

Shippers

demurrage, and –

‘‘So near thereto as she may safely get’’

degree of risk known to exist –

frustration, and

generally –

governing principle

how close to intended port the vessel can get ,

length of expected delay

nature of the obstacle –

proportion of cargo loaded/discharged –

reasonableness –

time spent waiting –

Specified destination –

Speed claims

voyage charters, and –

SSHEX

Stages of a voyage charter

Stages of a voyage charter, add and

Standard laytime definitions

Statement of Facts, Inconsistencies

Stevedores

fault of shipowner, and , , –

Page 618

Storage charges

Storm

half rate demurrage, and –

Strikes

causation –

Centrocon clause –

congestion –

consequential delays –

duty to lessen effect –

alternative action –

alternative cargo –

alternative labour –

alternative methods of loading/ discharge and/or change of berth –

alternative port

length of delay –

Gencon clause –

generally –, –

meaning –

provision of cargo –

types of clause

Super holidays

interruptions and exceptions to laytime, and –

Surf

interruptions and exceptions to laytime, and –

Swell

interruptions and exceptions to laytime, and –

Tanker warranties

demurrage, and –

Temporary absence from port

demurrage, and –

Tender of notice in excepted periods –

Tender of notice in office hours –

Time lapse between readiness and commencement of laytime –

Time lost in waiting for berth

calculation of time lost –

count as laytime, to –

count in full, to ,

‘‘Time to commence on being reported at the Custom House’’

commencement of laytime, and –

‘‘To be loaded as per colliery guarantee’’

commencement of laytime, and –

Torm interim ports clause

Total daily rate , –
- specified number of available workable hatches –

Transhipment

carriage of edible vegetable oils, and –

Turn

Unavailability ,

UU (unless used) , , , , –

Vegetable oils, carriage of see Carriage of edible vegetable oils

Vessel absence from the port

Vessel proceeding direct to berth

commencement of laytime

Voyage charters

stages –

division into berth, dock and port charters

Voylayrules 1993

commencement of laytime berth

free pratique

in writing

notice of readiness

port

reachable on her arrival

time lost in waiting for berth to count as laytime

unless sooner commenced

Page 619

weather working days