Demurrage Clause Samples
The Demurrage clause establishes the charges payable when a vessel is delayed beyond the agreed laytime for loading or unloading cargo. In practice, if the charterer or consignee takes longer than the allotted time to complete cargo operations, they must compensate the shipowner at a specified daily rate for each day of delay. This clause incentivizes timely operations and compensates the shipowner for lost time, effectively allocating the risk and cost of delays to the party responsible for them.
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Demurrage. If as a result of the Customer's actions and unless permission is granted by the Company, if the Equipment is not returned during or at the end of the term, then for every hour, or portion thereof, from the end of the term to the time when the Equipment is returned to the Company, as required herein, the Customer shall pay a rental rate equal to three (3) times (x) the standard hourly rental rate for such equipment.
Demurrage. 22.1. All claims for demurrage shall be accompanied by the respective charter party. The Buyer shall not be bound by the terms and conditions of the charter party except to the extent such terms and conditions have been communicated to the Buyer and expressly agreed to by the Buyer in writing.
22.2. In case of vessel arriving outside laycan agreed upon, laytime to start counting from the time of berthing as per Sub Clause 16.
22.3. If the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause 16. Buyer will be liable to pay the demurrage to the Seller.
22.4. In the event the Seller’s vessel arrives late and is berthed on arrival which affects berthing of vessel or vessels which are arriving on schedule, then the Seller’s vessel will be un-berthed (waiting time shall not be counted as used laytime) to accommodate the vessel or vessels arriving on schedule or continue to discharge the cargo of the Seller’s vessel provided that the Seller’s shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule and gets delayed due to the presence of the Seller’s vessel on berth. Liability for demurrages on subsequent vessels mentioned herein are in addition to the recovery of damages or losses for the Buyer charged under Clause 14. Claims, disputes and recovery of damages or losses for CEYPETCO by late delivery and delivery of lesser quantity than agreed. Moreover the Buyer reserves the right to berth the vessel only on SPBM 1 availability basis and based on the requirement for the Murban Crude Oil in the Refinery. Furthermore the Buyer shall not be responsible for any demurrages incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour to minimize the overall commercial loss to all parties. In the event the Seller does not agree to bear the subsequent demurrages (if incurred) and in the event if the subject vessel could not complete the discharging before the arrival of subsequent vessel/s, the Buyer reserves the right to remove the subject vessel from the berth in order to accommodate the subsequent vessel/s of other suppliers. In such a case, the subject vessel will be rebirthed only after the completion of the discharging of the subsequent vessel/s and/or on the pier availability basis. In any circumstances, the Buyer requires to unload the product on board the vessel as per the product requirement to ensure the energy security of the country, t...
Demurrage. (a) The Seller shall pay demurrage in U.S. Dollars at the rate specified below for each running hour and pro rata for each part of an hour, for all time that running laytime exceeds the allowed laytime. Should the Vessel be loaded for the account of two (2) or more parties at a single berth, the Seller shall be liable only for its pro rata share of demurrage incurred at the berth or terminal based on the part cargo volume loaded for the Seller’s account as a percentage of total gross volume of cargo loaded at that berth or terminal. However, the Seller shall not be liable for any portion of demurrage incurred solely attributable to the other Party(ies). Under no circumstances shall the Seller be required to pay demurrage in excess of that paid by ▇▇▇▇▇ to the Vessel owner.
Demurrage. (i) If the nominated cargo is not loaded within the time allowed in accordance with section 9.8.a, the time so allowed shall be extended till the commencement of final disconnection of hoses/chickson after completion of loading, and Seller shall pay to the Buyer demurrage in currency USD/day in respect of the excess time at the appropriate rate per day (or pro-rata for part of the day) as herein specified. In the event of delay directly attributable to fire or explosion or breakdown of failure of equipment, plant or machinery at the Loading Terminal, the rate of demurrage shall be reduced by half for the period of such delay.
(ii) The appropriate rate of demurrage shall be;
1. Demurrage rate as per Charter party. Buyer shall provide relevant extract of Charter party document to ascertain Charter party rate.
2. Any demurrage incurred on account of bad weather shall be shared equally between Buyers and Sellers
(iii) Any demurrage claim must be notified to the Seller in writing within 60 days of the date of loading of cargo, with full supporting documents (the time computation, NOR, statement of facts, where applicable evidence of charter party rate). Seller may seek any other documentation as reasonably required. If the Buyer fails to give such notice or provide such documentation within above time limits, then the Buyer’s claim shall be deemed to be forfeited and any liability of the Seller for such demurrage shall be extinguished.
Demurrage. 10.3.1 Demurrage at the unload port(s), if any and according to above mentioned if caused by the buyer, will be paid by the buyer. Otherwise, it is paid by the seller. Demurrage will be counted in accordance with charter party.
10.3.2 If the vessel arrives at the discharge terminal ahead of the range of days, this notice shall only be effective as from 00.01 hours on the first of these days, unless the discharge terminal begins to discharge the vessel before such time. In the case of a vessel arriving later than the range of days accepted, the discharge terminal will use his best efforts to minimize the delay to discharge. However, in such cases, lay time will only start to count upon vessel being all fast in berth.
Demurrage. Operator assumes no liability for demurrage (whether related to marine movements or otherwise), except if such demurrage is the result of Operator’s negligence or willful misconduct or except as provided in an applicable Terminal Service Order.
Demurrage. 16.1 At the loading port it is on seller’s account.
16.2 At the discharging port it is on buyer’s account.
Demurrage. (a) The Buyer shall pay demurrage in U.S. Dollars at the rate specified below for each running hour and pro rata for each part of an hour, for all time that running laytime exceeds the allowed laytime. Should the Vessel be discharged for the account of two
Demurrage. The Customer agrees that the Company will not be liable to compensate the Customer for demurrage or any associated loss or damage arising from loading, unloading or storing the Goods.
Demurrage. In the event that demurrage is payable to the applicable owner or operator of any Vessel, pursuant to the applicable Charter, and such demurrage is attributable solely to delay caused by Owner’s breach of its obligations pursuant to Section 5.11 of this Agreement, then Owner shall reimburse Customer for the amount of such demurrage paid to the applicable owner or operator with respect to the delayed Vessel; provided, that the cost of demurrage shall not exceed $15,000 per day. In all other cases, Customer shall be responsible for and shall pay demurrage to the applicable owner or operator of any Vessel in connection with this Agreement.