Laytime and Demurrage
Page 17
CHAPTER 2
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:2It 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.