Common use of Demurrage Clause in Contracts

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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Seller. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 3 contracts

Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement

Demurrage. 22.1. All claims for demurrage shall be accompanied by 2.6.1 In circumstances where Buyer is required under the respective charter party. The Contract to unload the Goods, if Buyer has not unloaded the Goods within the time allowed in accordance with the laytime provisions of the Contract, Buyer shall not be bound by the terms and conditions pay Seller demurrage in respect 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 excess 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 at the demurrage to rate set out in the Contract within five (5) Business Days after the issuance of the relevant invoice by Seller. 22.42.6.2 Where no demurrage rate has been provided in the Contract, the demurrage rate shall be as set out in the relevant agreement with the Carrier or, if the agreement does not specify a demurrage rate, as per the market rate for the applicable means and size of transport on the date of the completion of unloading as shall be assessed by a mutually agreed independent broker. 2.6.3 It is presumed that container, railway wagons, container chassis and SILO trucks (each, a "Transport") arrive at the Place of Destination for unloading in good condition, unless Buyer promptly (but not later than three (3) hours after arrival) informs Seller of any defects. In the event of damage to Transport by Buyer or Buyer’s counterparties, Buyer shall immediately inform Seller about the occurrence of such event and shall indemnify and hold Seller harmless for any losses incurred due to such damage within five (5) days from the date of Seller’s vessel arrives late demand. If any Transport is lost within the period of use by Buyer or Buyer’s counterparties, Buyer shall pay to Seller an amount equal to the market value of the relevant Transport of identical model and year of manufacture including costs incurred for putting it into operation. The Transport shall be deemed lost if it is berthed on not returned to Seller within ninety (90) days from the date of the Goods arrival which affects berthing at the Place of vessel or vessels which are arriving on schedule, then Destination. Buyer is responsible for the transfer of empty rail tank cars in accordance with Seller’s vessel will be un-berthed instructions advised pursuant to the Agreement on International Goods Transport by Rail (waiting time shall not be counted as used laytime) to accommodate SMGS). In the vessel event of a wrong or vessels arriving on schedule or continue to discharge the cargo incorrect usage of the Seller’s vessel provided that SMGS instructions, Buyer shall pay Seller liquidated damages at the Seller’s rate of USD ▇▇▇ (▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars) per rail tank car per day. In addition to the foregoing Buyer shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule reimburse Seller for all documented costs and gets delayed expenses incurred due to the presence incorrect filling of the shipping documents for the empty Transport, resulting in the Transport's return to an incorrect railway station. For the avoidance of doubt, if the shipping documents for the rail tank cars return are filled in accordance with 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. Claimsinstruction, 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 costs and expenses incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour due to minimize the overall commercial loss their return 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Selleran incorrect railway station. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 2 contracts

Sources: Business Terms and Conditions, Business Terms and Conditions

Demurrage. 22.123.1. All claims for demurrage shall be accompanied by the respective charter partyparty or a certified copy of the signed fixture note / fixture recap. The Buyer shall not be bound by the terms and conditions of the charter party or a certified copy of the signed fixture note / fixture recap except to the extent such terms and conditions have been communicated to the Buyer and expressly agreed to by the Buyer in writing. 22.223.2. In case of vessel arriving outside laycan agreed upon, laytime to start counting from the time of berthing as per Sub Clause 16Clauses 16.1.5. and 16.2.5. 22.323.3. If the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause Clause 16. Buyer will be liable to pay the demurrage to the Seller. 22.423.4. In However, in the event the Sellerseller’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-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 Seller 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 CEYPETCO charged under Clause 1419. Claims, disputes and recovery of damages or losses for CEYPETCO by late delivery and delivery of lesser quantity than agreed(Liquidated Damages). Moreover the Buyer reserves the right to berth the vessel only on SPBM 1 pier availability basis and based on the requirement for the Murban Crude Oil products in the Refinerycountry. 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Seller. In order to mitigate adverse impact on vessels arriving later than the stipulated contractual delivery laycan, the Seller shall provide a mooring tug at his own cost with the approval of the Buyer while providing a 24 hrs. advance notice to the Buyer for planning purpose. However, the berthing at SPM Muthurajawela will be facilitated giving priority for the subsequent vessels arriving on schedule. 22.523.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.623.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated a certified copy of the signed fixture note / fixture recap including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement

Demurrage. 22.1. All claims for 2.6.1 In circumstances where ▇▇▇▇▇ is required under the Contract to unload the Goods, if ▇▇▇▇▇ has not unloaded the Goods within the time allowed in accordance with the laytime provisions of the Contract, Buyer shall pay Seller demurrage shall be accompanied in respect of the excess time at the demurrage rate set out in the Contract within five (5) Business Days after the issuance of the relevant invoice by Seller, unless Buyer provides documentary proved evidence arguing the respective charter partySeller’s demurrage claim within Claim period. 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 period for Seller’s demurrage claim consideration by the Buyer in writingshall be 30 (thirty) days upon receipt of the demurrage claim (Claim period). 22.2. In case of vessel arriving outside laycan agreed upon2.6.2 Where no demurrage rate has been provided in the Contract, laytime to start counting from the time of berthing demurrage rate shall be as set out in the relevant agreement with the Carrier or, if the agreement does not specify a demurrage rate, as per Sub Clause 16the market rate for the applicable means and size of transport on the date of the completion of unloading as shall be assessed by a mutually agreed independent broker. 22.3. If 2.6.3 It is presumed that container, railway wagons, container chassis and SILO trucks (each, a "Transport") arrive at the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause 16. Place of Destination for unloading in good condition, unless Buyer will be liable to pay the demurrage to the Seller. 22.4promptly (but not later than three (3) hours after arrival) informs Seller of any defects. In the event of damage to Transport by Buyer or ▇▇▇▇▇’s counterparties, ▇▇▇▇▇ shall immediately inform Seller about the occurrence of such event and shall indemnify and hold Seller harmless for any losses incurred due to such damage within five (5) days from the date of Seller’s vessel arrives late demand. If any Transport is lost within the period of use by Buyer or Buyer’s counterparties, Buyer shall pay to Seller an amount equal to the market value of the relevant Transport of identical model and year of manufacture including costs incurred for putting it into operation. The Transport shall be deemed lost if it is berthed on not returned to Seller within ninety (90) days from the date of the Goods arrival which affects berthing at the Place of vessel or vessels which are arriving on schedule, then Destination. Buyer is responsible for the transfer of empty rail transport in accordance with Seller’s vessel will be un-berthed instructions advised pursuant to the Agreement on International Goods Transport by Rail (waiting time shall not be counted as used laytime) to accommodate SMGS). In the vessel event of a wrong or vessels arriving on schedule or continue to discharge the cargo incorrect usage of the Seller’s vessel provided that SMGS instructions, Buyer shall pay Seller liquidated damages at the Seller’s rate of USD 500 (five hundred United States Dollars) per rail transport per day. In addition to the foregoing Buyer shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule reimburse Seller for all documented costs and gets delayed expenses incurred due to the presence incorrect filling of the shipping documents for the empty Transport, resulting in the Transport's return to an incorrect railway station. For the avoidance of doubt, if the shipping documents for the rail tank cars return are filled in accordance with 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. Claimsinstruction, 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 costs and expenses incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour due to minimize the overall commercial loss their return 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Selleran incorrect railway station. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 2 contracts

Sources: Business Terms and Conditions, Business Terms and Conditions

Demurrage. 22.1. All claims for 2.6.1 In circumstances where ▇▇▇▇▇ is required under the Contract to unload the Goods, if ▇▇▇▇▇ has not unloaded the Goods within the time allowed in accordance with the laytime provisions of the Contract, Buyer shall pay Seller demurrage shall be accompanied in respect of the excess time at the demurrage rate set out in the Contract within five (5) Business Days after the issuance of the relevant invoice by Seller, unless ▇▇▇▇▇ provides documentary proved evidence arguing the respective charter partySeller’s demurrage claim within Claim period. 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 period for Seller’s demurrage claim consideration by the Buyer in writingshall be 30 (thirty) days upon receipt of the demurrage claim (Claim period). 22.2. In case of vessel arriving outside laycan agreed upon2.6.2 Where no demurrage rate has been provided in the Contract, laytime to start counting from the time of berthing demurrage rate shall be as set out in the relevant agreement with the Carrier or, if the agreement does not specify a demurrage rate, as per Sub Clause 16the market rate for the applicable means and size of transport on the date of the completion of unloading as shall be assessed by a mutually agreed independent broker. 22.3. If 2.6.3 It is presumed that container, railway wagons, container chassis and SILO trucks (each, a "Transport") arrive at the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause 16. Place of Destination for unloading in good condition, unless Buyer will be liable to pay the demurrage to the Seller. 22.4promptly (but not later than three (3) hours after arrival) informs Seller of any defects. In the event of damage to Transport by Buyer or ▇▇▇▇▇’s counterparties, ▇▇▇▇▇ shall immediately inform Seller about the occurrence of such event and shall indemnify and hold Seller harmless for any losses incurred due to such damage within five (5) days from the date of Seller’s vessel arrives late demand. If any Transport is lost within the period of use by Buyer or Buyer’s counterparties, Buyer shall pay to Seller an amount equal to the market value of the relevant Transport of identical model and year of manufacture including costs incurred for putting it into operation. The Transport shall be deemed lost if it is berthed on not returned to Seller within ninety (90) days from the date of the Goods arrival which affects berthing at the Place of vessel or vessels which are arriving on schedule, then Destination. Buyer is responsible for the transfer of empty rail transport in accordance with Seller’s vessel will be un-berthed instructions advised pursuant to the Agreement on International Goods Transport by Rail (waiting time shall not be counted as used laytime) to accommodate SMGS). In the vessel event of a wrong or vessels arriving on schedule or continue to discharge the cargo incorrect usage of the Seller’s vessel provided that SMGS instructions, Buyer shall pay Seller liquidated damages at the Seller’s rate of USD 500 (five hundred United States Dollars) per rail transport per day. In addition to the foregoing Buyer shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule reimburse Seller for all documented costs and gets delayed expenses incurred due to the presence incorrect filling of the shipping documents for the empty Transport, resulting in the Transport's return to an incorrect railway station. For the avoidance of doubt, if the shipping documents for the rail tank cars return are filled in accordance with 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. Claimsinstruction, 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 costs and expenses incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour due to minimize the overall commercial loss their return 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Selleran incorrect railway station. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Business Terms and Conditions

Demurrage. 22.111.5.1 Seller shall pay Buyer demurrage for any hour or part of an hour of laytime in excess of the Allowed Laytime for the vessel involved, at a rate equal to: (a) if the vessel is voyage-chartered, the rate specified in the charter party for the vessel (it being understood that Seller shall in no event be obligated to pay Buyer more demurrage than the amount of demurrage Buyer can demonstrate has actually been paid to the vessel owner in accordance with the terms of the charter party), or (b) if the vessel is owned by Buyer (or one of its Affiliates) or is under time charter, the demurrage assessment of a member of ASBA utilizing the nominated quantity, the route taken and the first Day of the Agreed Laydays. All claims for demurrage Buyer shall select the member of the ASBA to make such assessment and shall be accompanied by solely responsible for all costs and expenses associated therewith. Notwithstanding the respective charter party. The foregoing, to avoid administrative time and expenses, Buyer shall not make, and Seller shall not be bound by the terms and conditions obligated to pay, any claim for demurrage of the charter party except less than one thousand U.S. Dollars (U.S.$1,000). The right of Buyer to the extent such terms and conditions have been communicated demurrage pursuant to the Buyer and expressly agreed this Article 11.5 shall constitute Buyer’s exclusive remedy with respect to by the Buyer in writing. 22.2. In case any failure 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 Seller to complete the entire cargo discharge exceeds loading of any vessel within the laytime allowed Allowed Laytime. 11.5.2 Buyer shall submit any claim for demurrage to Seller together with all pertinent supporting documentation within ninety (90) Days of the ▇▇▇▇ of lading date. The claim shall be submitted in the same manner as per clause 16. Buyer will notices are required to be liable sent pursuant to pay Article 27, and shall consist of the following information and supporting documentation: (a) Buyer’s calculations of demurrage and the amount claimed in U.S. Dollars; (b) copies of the notices of ETA as stipulated in this Agreement and as advised by the vessel directly to Seller or by the vessel agent based upon vessel instructions to the agent; (c) copies of the NORs at the Loading Port(s); (d) copies of the statement of facts/time log of the port agent, the terminal representative attending the vessel at the Loading Port or the inspection company; (e) copies of all letters of protest issued by or to the master of the vessel; (f) if the vessel was voyage-chartered by Buyer, a copy of the fixture recap of the broker’s fixture advice which reflects the demurrage to the Seller. 22.4. In the event the Seller’s vessel arrives late rate, and is berthed on arrival which affects berthing a copy 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 Sellerowner’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 demurrage invoice; and (g) if 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Seller. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel was owned or time-chartered by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate demurrage assessment obtained pursuant to Article 11.5. 1. Seller shall not be liable to Buyer in respect of demurrage (and Buyer shall be submitted by deemed to have waived) any claim for demurrage which is not made in accordance with this Article 11.5.2 within ninety (90) Days after the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter partylading date.

Appears in 1 contract

Sources: Crude Oil Sales Agreement (NuStar Energy L.P.)

Demurrage. 22.1. All claims for 1.6.1 In circumstances where ▇▇▇▇▇ is required under the Contract to unload the Goods, if ▇▇▇▇▇ has not unloaded the Goods within the time allowed in accordance with the laytime provisions of the Contract, Buyer shall pay Seller demurrage shall be accompanied in respect of the excess time at the demurrage rate set out in the Contract within five (5) Business Days after the issuance of the relevant invoice by Seller, unless ▇▇▇▇▇ provides documentary proved evidence arguing the respective charter partySeller’s demurrage claim within Claim period. 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 period for Seller’s demurrage claim consideration by the Buyer in writingshall be 30 (thirty) days upon receipt of the demurrage claim (Claim period). 22.2. In case of vessel arriving outside laycan agreed upon1.6.2 Where no demurrage rate has been provided in the Contract, laytime to start counting from the time of berthing demurrage rate shall be as set out in the relevant agreement with the Carrier or, if the agreement does not specify a demurrage rate, as per Sub Clause 16the market rate for the applicable means and size of transport on the date of the completion of unloading as shall be assessed by a mutually agreed independent broker. 22.3. If 1.6.3 It is presumed that container, railway wagons, container chassis and SILO trucks (each, a "Transport") arrive at the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause 16. Place of Destination for unloading in good condition, unless Buyer will be liable to pay the demurrage to the Seller. 22.4promptly (but not later than three (3) hours after arrival) informs Seller of any defects. In the event of damage to Transport by Buyer or ▇▇▇▇▇’s counterparties, ▇▇▇▇▇ shall immediately inform Seller about the occurrence of such event and shall indemnify and hold Seller harmless for any losses incurred due to such damage within five (5) days from the date of Seller’s vessel arrives late demand. If any Transport is lost within the period of use by Buyer or Buyer’s counterparties, Buyer shall pay to Seller an amount equal to the market value of the relevant Transport of identical model and year of manufacture including costs incurred for putting it into operation. The Transport shall be deemed lost if it is berthed on not returned to Seller within ninety (90) days from the date of the Goods arrival which affects berthing at the Place of vessel or vessels which are arriving on schedule, then Destination. Buyer is responsible for the transfer of empty rail transport in accordance with Seller’s vessel will be un-berthed instructions advised pursuant to the Agreement on International Goods Transport by Rail (waiting time shall not be counted as used laytime) to accommodate SMGS). In the vessel event of a wrong or vessels arriving on schedule or continue to discharge the cargo incorrect usage of the Seller’s vessel provided that SMGS instructions, Buyer shall pay Seller liquidated damages at the Seller’s rate of USD 500 (five hundred United States Dollars) per rail transport per day. In addition to the foregoing Buyer shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule reimburse Seller for all documented costs and gets delayed expenses incurred due to the presence incorrect filling of the shipping documents for the empty Transport, resulting in the Transport's return to an incorrect railway station. For the avoidance of doubt, if the shipping documents for the rail tank cars return are filled in accordance with 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. Claimsinstruction, 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 costs and expenses incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour due to minimize the overall commercial loss their return 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Selleran incorrect railway station. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Business Terms and Conditions

Demurrage. 22.1. All claims (a) In the event of any delay from any cause whatsoever (including a delay caused by force majeure) whether in connection with the scheduling of the Tanker's turn to load, provision of a berth for demurrage the Tanker, berthing or loading of the Tanker or otherwise howsoever without limitation, any liability of Seller and/or Buyer for such delay shall be accompanied limited to the payment of demurrage. (b) If the Accepted Quantity is not loaded within the Laytime, Seller shall pay to Buyer demurrage, in respect of the time required to load the Accepted Quantity in excess of the Laytime at the rate per day (or pro rata for part of a day) equal to the actual demurrage rate payable by Buyer to the respective charter party. The Buyer shall not be bound by the terms and conditions of Tanker owner pursuant to the charter party except to the extent such terms and conditions have been communicated to the between Buyer and expressly the Tanker owner or if the Tanker is time-chartered, a rate that was agreed to by between Seller or Seller's representative and Buyer at the Buyer in writing. 22.2time the Tanker was nominated or accepted for the lifting. In case of vessel arriving outside laycan It is agreed upon, laytime to start counting that the demurrage claim shall be agreed no later than three months from the time date documents supporting such claim are sent to Seller. Payment for demurrage claims must be paid no later than one month from the date 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. 22.4such agreement. In the event of a delay beyond either of these deadlines (which aggregate period shall not under any circumstances exceed 4 months unless otherwise agreed in writing,) late payment interest shall be payable (at the Seller’s vessel arrives late and is berthed rate defined in the payment clause) on arrival which affects berthing of vessel the full demurrage amount agreed or vessels which are arriving on scheduleif not so agreed, then claimed by Seller, from the deadline and paid with final settlement. Buyer shall submit to Seller within 90 days of the ▇▇▇▇ of Lading Date, the Buyer's demurrage claim together with a copy of the charter party. (c) If the Accepted Quantity is not loaded within the Laytime due to bad weather or storms, Seller’s vessel will 's liability to pay demurrage shall be un-berthed halved unless Tanker is already on demurrage in which case, Seller's liability for demurrage is not reduced. (waiting time d) Time incurred, spent or lost due to any of the following shall not count as Laytime, or if the Tanker is on demurrage, for demurrage when spent or lost: (i) on an inward passage moving from anchorage to the Moorings; (ii) if the pilot reasonably determines that it is not safe to moor the Tanker at night or otherwise unless carried out concurrently with loading; (iii) due to any cause attributable to Buyer, the Tanker or the Tanker Owner, including but not limited to breakdown or deficiency of the Tanker; (iv) as a result of the inability of the Tanker by reason of its own deficiencies to receive the shipment at a rate consistent with being able to accept up to 150 psi pressure at the ship's manifold over the total period taken for loading; (v) as a result of strike, lockout, stoppage or restraint of labour of the Tanker; (vi) in any deballasting or handling slops or both unless concurrent with loading. (e) Seller shall not be counted liable (other than for demurrage and for Deadfreight as used laytimespecified in this clause) to accommodate the vessel for any loss or vessels arriving on schedule damage, direct or continue to discharge the cargo indirect, which Buyer may suffer as a result of the Tanker not being loaded within the Laytime. (f) If all or part of such 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 's demurrage is incurred due to the presence an event 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. ClaimsForce Majeure occurring after Laytime finishes, 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Seller. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by reduced to one half (1/2) for the Seller. ▇▇▇▇▇ prefers to have a certified copy period of the singed Charter partysuch demurrage or part thereof.

Appears in 1 contract

Sources: Sale and Purchase Agreement (Interoil Corp)

Demurrage. 22.1. All claims for 2.6.1 In circumstances where Buyer is required under the Contract to unload the Goods, if Buyer has not unloaded the Goods within the time allowed in accordance with the laytime provisions of the Contract, Buyer shall pay Seller demurrage shall be accompanied in respect of the excess time at the demurrage rate set out in the Contract within five (5) Business Days after the issuance of the relevant invoice by Seller, unless Buyer provides documentary proved evidence arguing the respective charter partySeller’s demurrage claim within Claim period. 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 period for Seller’s demurrage claim consideration by the Buyer in writingshall be 30 (thirty) days upon receipt of the demurrage claim (Claim period). 22.2. In case of vessel arriving outside laycan agreed upon2.6.2 Where no demurrage rate has been provided in the Contract, laytime to start counting from the time of berthing demurrage rate shall be as set out in the relevant agreement with the Carrier or, if the agreement does not specify a demurrage rate, as per Sub Clause 16the market rate for the applicable means and size of transport on the date of the completion of unloading as shall be assessed by a mutually agreed independent broker. 22.3. If 2.6.3 It is presumed that container, railway wagons, container chassis and SILO trucks (each, a "Transport") arrive at the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause 16. Place of Destination for unloading in good condition, unless Buyer will be liable to pay the demurrage to the Seller. 22.4promptly (but not later than three (3) hours after arrival) informs Seller of any defects. In the event of damage to Transport by Buyer or Buyer’s counterparties, Buyer shall immediately inform Seller about the occurrence of such event and shall indemnify and hold Seller harmless for any losses incurred due to such damage within five (5) days from the date of Seller’s vessel arrives late demand. If any Transport is lost within the period of use by Buyer or Buyer’s counterparties, Buyer shall pay to Seller an amount equal to the market value of the relevant Transport of identical model and year of manufacture including costs incurred for putting it into operation. The Transport shall be deemed lost if it is berthed on not returned to Seller within ninety (90) days from the date of the Goods arrival which affects berthing at the Place of vessel or vessels which are arriving on schedule, then Destination. Buyer is responsible for the transfer of empty rail transport in accordance with Seller’s vessel will be un-berthed instructions advised pursuant to the Agreement on International Goods Transport by Rail (waiting time shall not be counted as used laytime) to accommodate SMGS). In the vessel event of a wrong or vessels arriving on schedule or continue to discharge the cargo incorrect usage of the Seller’s vessel provided that SMGS instructions, Buyer shall pay Seller liquidated damages at the Seller’s rate of USD ▇▇▇ (▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars) per rail transport per day. In addition to the foregoing Buyer shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule reimburse Seller for all documented costs and gets delayed expenses incurred due to the presence incorrect filling of the shipping documents for the empty Transport, resulting in the Transport's return to an incorrect railway station. For the avoidance of doubt, if the shipping documents for the rail tank cars return are filled in accordance with 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. Claimsinstruction, 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 costs and expenses incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour due to minimize the overall commercial loss their return 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Selleran incorrect railway station. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Business Terms and Conditions

Demurrage. 22.1. All claims for 2.6.1 In circumstances where ▇▇▇▇▇ is required under the Contract to unload the Goods, if ▇▇▇▇▇ has not unloaded the Goods within the time allowed in accordance with the laytime provisions of the Contract, Buyer shall pay Seller demurrage shall be accompanied in respect of the excess time at the demurrage rate set out in the Contract within five (5) Business Days after the issuance of the relevant invoice by Seller, unless Buyer provides documentary proved evidence arguing the respective charter partySeller’s demurrage claim within Claim period. 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 period for Seller’s demurrage claim consideration by the Buyer in writingshall be 30 (thirty) days upon receipt of the demurrage claim (Claim period). 22.2. In case of vessel arriving outside laycan agreed upon2.6.2 Where no demurrage rate has been provided in the Contract, laytime to start counting from the time of berthing demurrage rate shall be as set out in the relevant agreement with the Carrier or, if the agreement does not specify a demurrage rate, as per Sub Clause 16the market rate for the applicable means and size of transport on the date of the completion of unloading as shall be assessed by a mutually agreed independent broker. 22.3. If 2.6.3 It is presumed that container, railway wagons, container chassis and SILO trucks (each, a "Transport") arrive at the total laytime to complete the entire cargo discharge exceeds the laytime allowed as per clause 16. Place of Destination for unloading in good condition, unless Buyer will be liable to pay the demurrage to the Seller. 22.4promptly (but not later than three (3) hours after arrival) informs Seller of any defects. In the event of damage to Transport by Buyer or ▇▇▇▇▇’s counterparties, ▇▇▇▇▇ shall immediately inform Seller about the occurrence of such event and shall indemnify and hold Seller harmless for any losses incurred due to such damage within five (5) days from the date of Seller’s vessel arrives late demand. If any Transport is lost within the period of use by Buyer or Buyer’s counterparties, Buyer shall pay to Seller an amount equal to the market value of the relevant Transport of identical model and year of manufacture including costs incurred for putting it into operation. The Transport shall be deemed lost if it is berthed on not returned to Seller within ninety (90) days from the date of the Goods arrival which affects berthing at the Place of vessel or vessels which are arriving on schedule, then Destination. Buyer is responsible for the transfer of empty rail transport in accordance with Seller’s vessel will be un-berthed instructions advised pursuant to the Agreement on International Goods Transport by Rail (waiting time shall not be counted as used laytime) to accommodate SMGS). In the vessel event of a wrong or vessels arriving on schedule or continue to discharge the cargo incorrect usage of the Seller’s vessel provided that SMGS instructions, Buyer shall pay Seller liquidated damages at the Seller’s rate of USD ▇▇▇ (▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars) per rail transport per day. In addition to the foregoing Buyer shall agree to bear the demurrages on the subsequent three vessels that arrive on schedule reimburse Seller for all documented costs and gets delayed expenses incurred due to the presence incorrect filling of the shipping documents for the empty Transport, resulting in the Transport's return to an incorrect railway station. For the avoidance of doubt, if the shipping documents for the rail tank cars return are filled in accordance with 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. Claimsinstruction, 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 costs and expenses incurred by the Seller’s vessel arriving outside the contractual laycan. The Buyer shall take every endeavour due to minimize the overall commercial loss their return 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Selleran incorrect railway station. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Business Terms and Conditions

Demurrage. 22.15.5.1 Seller shall pay Buyer demurrage for any hour or part of an hour of laytime at the Loading Port(s) in excess of the Allowed Laytime for the vessel involved, at the rate specified in the Particular Conditions of Sale. All claims for If the Particular Conditions of Sale do not specify a rate then the demurrage rate shall be accompanied by equal to: (a) if the respective vessel is voyage-chartered, the rate specified in the charter party for the vessel (it being understood that Seller shall in no event be obligated to pay Buyer more demurrage than the amount of demurrage Buyer can demonstrate has actually been paid to the vessel owner in accordance with the terms of the charter party), or (b) if the vessel is owned by Buyer (or one of its affiliates) or is under time charter, the demurrage assessment of a member of ASBA utilizing the nominated quantity, the route taken and the first Day of the Agreed Loading Range. The Buyer shall select the member of the ASBA to make such assessment and shall be solely responsible for all costs and expenses associated therewith. Notwithstanding the foregoing, to avoid administrative time and expenses, Buyer shall not make, and Seller shall not be bound by the terms and conditions obligated to pay, any claim for demurrage of the charter party except less than one thousand five hundred U.S. Dollars (U.S.$1,500). The right of Buyer to the extent such terms and conditions have been communicated demurrage pursuant to the Buyer and expressly agreed this Article 5.5 shall constitute Buyer’s exclusive remedy with respect to by the Buyer in writing. 22.2. In case any failure 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 Seller to complete the entire cargo discharge exceeds loading of any vessel within the laytime allowed Allowed Laytime. 5.5.2 Buyer shall submit any claim for demurrage to Seller together with all pertinent supporting documentation within ninety (90) Days of the ▇▇▇▇ of lading date. The claim shall be submitted in the same manner as per clause 16. Buyer will notices are required to be liable sent pursuant to pay Article 21, and shall consist of the following information and supporting documentation: (a) Buyer’s calculations of demurrage and the amount claimed in U.S. Dollars; (b) copies of the notices of ETA as stipulated in the Agreement and as advised by the vessel directly to Seller or by the vessel agent based upon vessel instructions to the agent; (c) copies of the NORs at the Loading Port(s); (d) copies of the statement of facts/time log of the port agent, the terminal representative attending the vessel at the Loading Port, or the inspection company; (e) copies of all letters of protest issued by or to the master of the vessel; (f) if the vessel was voyage-chartered by Buyer, a copy of the fixture recap of the broker’s fixture advice which reflects the demurrage to the Seller. 22.4. In the event the Seller’s vessel arrives late rate, and is berthed on arrival which affects berthing a copy 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 Sellerowner’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 demurrage invoice; and (g) if 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the Seller. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel was owned or time-chartered by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate demurrage assessment obtained pursuant to Article 5.5.1. Seller shall not be liable to Buyer in respect of demurrage (and Buyer shall be submitted by deemed to have waived) any claim for demurrage which is not made in accordance with this Article 5.5.2 within ninety (90) Days after the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter partylading date.

Appears in 1 contract

Sources: Crude Oil Sales Agreement (NuStar Energy L.P.)

Demurrage. 22.1. All claims a. The Exporter shall be liable for demurrage costs for time on demurrage to the extent that the time period between commencement and termination of lay-time, or if the vessel is on demurrage, time on demurrage, less any exclusions defined in Condition 9.3 exceeds the allowed lay-time specified in Condition 9.2 b. Exporter shall be accompanied pay to Marketer demurrage, as determined in (a) above at the rate per day (or pro rata for part of a day) equal to the actual demurrage rate payable by Marketer to the respective charter party. The Buyer shall not be bound by the terms and conditions of Tanker owner pursuant to the charter party except to between Marketer and the extent such terms Tanker owner or if the Tanker is time-chartered, a rate that was agreed between Exporter or Exporter's Representative and conditions have been communicated to Marketer at the Buyer and expressly agreed to by time the Buyer in writingTanker was nominated or accepted for the lifting. 22.2. In case of vessel arriving outside laycan c. The demurrage claim determined in accordance with this Condition 10, shall be agreed upon, laytime to start counting no later than three months from the time date documents supporting such claim are sent to Exporter. Payment for demurrage claims must be paid no later than one month from the date 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. 22.4such agreement. In the event of a delay beyond either of these deadlines (which aggregate period shall not under any circumstances exceed 4 months unless otherwise agreed in writing,) late payment interest shall be payable (at the Seller’s vessel arrives late and is berthed rate defined in the payment clause) on arrival which affects berthing of vessel the full demurrage amount agreed or vessels which are arriving on scheduleif not so agreed, then claimed by Marketer, from the Seller’s vessel will be un-berthed (waiting time deadline and paid with final settlement. EXPORT MARKETING AND SHIPPING AGREEMENT Marketer shall submit to Exporter within 90 days of the Bill of Lading Date, the Marketer's demurrage claim together with ▇ ▇opy of the charter party. d. Other than for demurrage and for deadfreight as specified in this Condition 10, Exporter shall not be counted liable for any other losses or damages, direct or indirect, which Marketer may suffer as used laytime) to accommodate the vessel or vessels arriving on schedule or continue to discharge the cargo a result of the Seller’s vessel provided that Tanker not being loaded within 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, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the SellerLaytime. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Export Marketing and Shipping Agreement (Interoil Corp)

Demurrage. 22.1. All claims The time allowed to Buyer for loading of Product at the Loading Port and/or discharge of the Product at the discharge port, facility, or terminal, terms relating to tender of Notice of Readiness (“NOR”) at either or both locations, pumping warranties, allowances for additional time at berth, agreed demurrage rates and the like shall be accompanied incurred by Seller. Any demurrage incurred by a Marine Vessel at either the respective charter party. The loading or discharge locations shall be paid by Buyer shall not be bound by to Seller in the terms and conditions amount of direct damages as set forth in the Special Provisions as a result 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 upondemurrage, 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 unless otherwise set forth in the RefinerySpecial Provisions; PROVIDED, HOWEVER, THAT NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DEMURRAGE INCURRED BY A MARINE VESSEL IN CONNECTION WITH SUCH VESSEL’S USE OF THE LOADING TERMINAL OR THE DISCHARGE PORT, PLACE OR TERMINAL IF THE DELAY GIVING RISE TO SUCH DEMURRAGE WAS CAUSED BY THE ACTS OF THE TERMINAL, PORT, OR PLACE, IT BEING UNDERSTOOD THAT THE EFFECTIVE [ / / ] PARTY CLAIMING COMPENSATION FOR DEMURRAGE AS A CONSEQUENCE OF A TERMINAL DELAY SHALL LOOK SOLELY TO THE TERMINAL, PORT OR PLACE FOR SATISFACTION OF ANY SUCH CLAIM. 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/sIT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THE PARTY UTILIZING OR CHARTERING A MARINE VESSEL FOR PURPOSES OF CARRIAGE OF PRODUCT UNDER THE AGREEMENT SHALL RELEASE, 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 caseHOLD HARMLESS, 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 circumstancesDEFEND AND INDEMNIFY THE OTHER PARTY FOR ANY CLAIMS FOR SUCH DEMURRAGE BY SUCH VESSEL, the Buyer requires to unload the product on board the vessel as per the product requirement to ensure the energy security of the country, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the SellerHER OWNERS OR OPERATORS OR ANY THIRD PARTY CLAIMING ANY INTEREST IN THE VESSEL. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Petroleum Product and Natural Gas Liquid Purchase/Sale Agreement

Demurrage. 22.1. All claims The time allowed to Buyer for loading of Product at the Loading Port and/or discharge of the Product at the discharge port, facility, or terminal, terms relating to tender of Notice of Readiness (“NOR”) at either or both locations, pumping warranties, allowances for additional time at berth, agreed demurrage rates and the like shall be accompanied incurred by Seller. Any demurrage incurred by a Marine Vessel at either the respective charter party. The loading or discharge locations shall be paid by Buyer shall not be bound by to Seller in the terms and conditions amount of direct damages as set forth in the Special Provisions as a result 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 upondemurrage, 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 unless otherwise set forth in the RefinerySpecial Provisions; PROVIDED, HOWEVER, THAT NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DEMURRAGE INCURRED BY A MARINE VESSEL IN CONNECTION WITH SUCH VESSEL’S USE OF THE LOADING TERMINAL OR THE DISCHARGE PORT, PLACE OR TERMINAL IF THE DELAY GIVING RISE TO SUCH DEMURRAGE WAS CAUSED BY THE ACTS OF THE TERMINAL, PORT, OR PLACE, IT BEING UNDERSTOOD THAT THE PARTY CLAIMING COMPENSATION FOR DEMURRAGE AS A CONSEQUENCE OF A TERMINAL DELAY SHALL LOOK SOLELY TO THE TERMINAL, PORT OR PLACE FOR SATISFACTION OF ANY SUCH CLAIM. 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/sIT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THE PARTY UTILIZING OR CHARTERING A MARINE VESSEL FOR PURPOSES OF CARRIAGE OF PRODUCT UNDER THE AGREEMENT SHALL RELEASE, 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 caseHOLD HARMLESS, 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 circumstancesDEFEND AND INDEMNIFY THE OTHER PARTY FOR ANY CLAIMS FOR SUCH DEMURRAGE BY SUCH VESSEL, the Buyer requires to unload the product on board the vessel as per the product requirement to ensure the energy security of the country, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the SellerHER OWNERS OR OPERATORS OR ANY THIRD PARTY CLAIMING ANY INTEREST IN THE VESSEL. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Petroleum Product and Natural Gas Liquid Purchase/Sale Agreement

Demurrage. 22.1. All claims The time allowed to Buyer for loading of Product at the Loading Port and/or discharge of the Product at the discharge port, facility or terminal, terms relating to tender of Notice of Readiness (“NOR”) at either or both locations, pumping warranties, allowances for additional time at berth, agreed demurrage rates and the like shall be accompanied incurred by Seller. Any demurrage incurred by a Marine Vessel at either the respective charter party. The loading or discharge locations shall be paid by Buyer shall not be bound by to Seller in the terms and conditions amount of direct damages as set forth in the Special Provisions as a result 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 upondemurrage, 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 unless otherwise set forth in the RefinerySpecial Provisions; PROVIDED, HOWEVER, THAT NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY DEMURRAGE INCURRED BY A MARINE VESSEL IN CONNECTION WITH SUCH VESSEL’S USE OF THE LOADING TERMINAL OR THE DISCHARGE PORT, PLACE OR TERMINAL IF THE DELAY GIVING RISE TO SUCH DEMURRAGE WAS CAUSED BY THE ACTS OF THE TERMINAL, PORT, OR PLACE, IT BEING UNDERSTOOD THAT THE PARTY CLAIMING COMPENSATION FOR DEMURRAGE AS A CONSEQUENCE OF A TERMINAL DELAY SHALL LOOK SOLELY TO THE TERMINAL, PORT OR PLACE FOR SATISFACTION OF ANY SUCH CLAIM. 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/sIT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT THE PARTY UTILIZING OR CHARTERING A MARINE VESSEL FOR PURPOSES OF CARRIAGE OF PRODUCT UNDER THE AGREEMENT SHALL RELEASE, 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 caseHOLD HARMLESS, 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 circumstancesDEFEND AND INDEMNIFY THE OTHER PARTY FOR ANY CLAIMS FOR SUCH DEMURRAGE BY SUCH VESSEL, the Buyer requires to unload the product on board the vessel as per the product requirement to ensure the energy security of the country, the Buyer compels to discharge the minimum requirement of the cargo on board the subject vessel and all cost involvements in this event such as demurrages of the subsequent three vessels, commercial losses (if any) shall be borne by the SellerHER OWNERS OR OPERATORS OR ANY THIRD PARTY CLAIMING ANY INTEREST IN THE VESSEL. 22.5. Demurrage rate of the nominated vessel shall be declared by the Seller at the time of vessel nomination for each cargo. 22.6. After acceptance of the nominated vessel by the Buyer, a certified copy of the applicable charter party or duly authenticated fixture note including the rate of demurrage shall be submitted by the Seller. ▇▇▇▇▇ prefers to have a certified copy of the singed Charter party.

Appears in 1 contract

Sources: Petroleum Product and Natural Gas Liquid Purchase/Sale Agreement