Laytime and Demurrage

Page 17


Laytime clauses – fixed and customary laytime

Fixed Laytime

2.1 If by the terms of the charterparty, the Charterer has agreed to load or unload within a fixed period of time, that is “an absolute and unconditional engagement, for the nonperformance of which he is answerable, whatever may be the nature of the impediments which prevent him from performing it and which cause the ship to be detained in his service beyond the time stipulated”.1 2.2 As was said by Lord Hunter, the Lord Ordinary, in the Scottish case of William Alexander & Sons v Aktieselskabet Dampskabet Hansa and others:2

It is well settled that where a merchant has undertaken to discharge a ship within a fixed number of days he is liable in demurrage for any delay of the ship beyond that period unless such delay is attributable to the fault of the shipowner or those for whom he is responsible. The risk of delay from causes for which neither of the contracting parties is responsible is with the merchant.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.