Common use of Discharge Port Clause in Contracts

Discharge Port. (a) For each Parcel of Concentrates delivered hereunder, the Purchasers’ Agent shall declare the Discharge Port no later than 30 days before the start of the Month of Scheduled Shipment. The nomination of such Discharge Port shall be subject to the provisions of Section 8.2(a). (b) If the discharge of a Bulk Shipment Parcel at the Discharge Port becomes impractical through no fault of either the Seller or of the vessel or is prevented by an Event of Force Majeure, the Purchasers’ Agent may request by notice to the Seller that the relevant vessel shall proceed to an alternate safe port (an “Alternate Port”) where it can safely unload the Parcel. Promptly upon the receipt of such notice from the Purchasers’ Agent, the Seller shall direct the vessel to comply with such notice, provided that the master of the vessel judges such Alternate Port to be safe. If the vessel proceeds to the Alternate Port as a result of the circumstances described above, any additional freight and other delivery costs incurred by the Seller will be paid by the Purchasers. (c) The time taken for the vessel to move from the Discharge Port to the Alternate Port shall not count in Allowed Laytime or Demurrage time. (d) Stevedores at discharge are in the service of the Purchasers and all stevedoring and related discharge costs are for the Purchaser’s account. Damage caused by stevedores and/or lighters nominated and/or appointed by the Purchasers shall be settled directly between such stevedores and the vessel’s owner. The master of the vessel shall notify the stevedores, the operators of the loading and/or discharging facilities, the vessel’s agents, the Seller and the Purchasers’ Agent of such damages in writing immediately following the occurrence of such damage but in any event no later than 24 hours following its occurrence.

Discharge Port. (a) For each Parcel of Concentrates delivered hereunder, the Purchasers’ Agent shall declare the Discharge Port no later than 30 days before the start of the Month of Scheduled Shipment. The nomination of such Discharge Port shall be subject to the provisions of Section 8.2(a8.1(a). (b) If the discharge of a Bulk Shipment Parcel at the Discharge Port becomes impractical through no fault of either the Seller or of the vessel or is prevented by an Event of Force Majeure, the Purchasers’ Agent may request by notice to the Seller that the relevant vessel shall proceed to an alternate safe port (an “Alternate Port”) where it can safely unload the Parcel. Promptly upon the receipt of such notice from the Purchasers’ Agent, the Seller shall direct the vessel to comply with such notice, provided that the master of the vessel judges such Alternate Port to be safe. If the vessel proceeds to the Alternate Port as a result of the circumstances described above, any additional freight and other delivery costs incurred by the Seller will be paid by the Purchasers. (c) The time taken for the vessel to move from the Discharge Port to the Alternate Port shall not count in Allowed Laytime or Demurrage time. (d) Stevedores at discharge are in the service of the Purchasers and all stevedoring and related discharge costs are for the Purchaser’s account. Damage caused by stevedores and/or lighters nominated and/or appointed by the Purchasers shall be settled directly between such stevedores and the vessel’s owner. The master of the vessel shall notify the stevedores, the operators of the loading and/or discharging facilities, the vessel’s agents, the Seller and the Purchasers’ Agent of such damages in writing immediately following the occurrence of such damage but in any event no later than 24 hours following its occurrence.