Not Logged In, Login,

Monday, July 23, 2018

CHARTERPARTY INFORMATION

Demurrage clauses – a reminder
The article which follows sets out INTERTANKO’s demurrage clauses which have been designed to ensure that claims are responded prompted and payment is received with the minimum of delay, in short they are an attempt to streamline the payment of demurrage claims.

It is worth highlighting that where owners are facing delays in collecting demurrage payments resort may be made to INTERTANKO’s standard demurrage clauses, which may be incorporated in a charterparty. The present market may afford owners an opportunity to introduce these terms into a fixture.

 The clauses are as follows:

“1/. The charterers shall promptly notify the owners of any objections to any demurrage claim under this charterparty. Unless the owners have received such notification within [30] days after the charterers’ receipt of the claim, the charterers shall be deemed to have waived objection to the claim which shall be deemed accepted by the charterer as presented.

2/ The charterers shall pay any undisputed demurrage without delay, but in any event not later than [45] days after the charterers’ receipt of the demurrage claim.

3/ The owners shall have the right to present a separate demurrage claim for the loading port(s) if demurrage is incurred there.

4/ Payment of demurrage shall be made by the charterers without any set off or deduction for any counterclaim, including but not limited to any cargo claim, provided reasonable security for any documented counterclaims has been provided by the owners. An appropriate undertaking from a P&I Club in the International Group shall be regarded as reasonable security in this respect.

5/ The charterers shall pay interest on all demurrage due and unpaid at LIBOR plus 2% calculated from the [45th] day after the charterers’ receipt of a properly documented demurrage claim until payment is made.”

Notes on the clauses:

Clause 1 is intended to operate reciprocally with the typical limitation clauses where charterers specify a number of days after the completion of discharge within which fully documented demurrage claims must be made.

Clauses 2 and 5 give financial muscle to owners’ rights and charterers’ obligations.

Clause 3 provides owners with the possibility of claiming demurrage incurred at a load port before the vessel has discharged. This is a right owners do not ordinarily have as demurrage covers excess laytime at both load and discharge ports.

Clause 4 deals with the familiar situation where a demurrage claim is not expressly disputed but charterers seek to offset a cargo claim against their liability for demurrage.