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Who has to pay demurrage

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Sun, 02/19/2012 - 05:14
hs1975
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Joined: 02/19/2012
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Hi All, who can help?

We sold bulk product on FOB basis. The vessel arrived in the port, loaded first from another supplier located at an another berth and afterwards from us. After the vessel completed the loading at the first point, it could not shift to our berth due to bad weather. Only after 30hrs the vessel could shift to our berth. This delay exceeded the increased allowed laytime and our customer now wants us to pay the demurrage. Is that correct? Why us and not the first party? We were able to load but the ship was not there, so why should we pay? Any idea anyone?

‹ INVOICE AND CHARTER PARTY B/L MT754 ›
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Wed, 02/22/2012 - 03:22
#1
Brajamusti
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Joined: 12/07/2011
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Hi  HS The laytime shall

Hi  HS

The laytime shall commenced several hours after tender of  notice of readiness and notice timne (or running time) has expired. So this clause must be stipulated precisely in your sales contract.  Of course the bad weather is not counted as laytime used (this also must be state in your sales contract), but commonly this evidence my be applied.

You could reject the claim of demurrage caused by bad weather (if possible please prepare the bad weather report sign or known by local authority). So please be carefull with signing the sales contract for bulk shipment.

Rgds,

 

 

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