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Not an new but increasingly stong armed scam by some of the world's major charterers (you know who you are) is this - a ship arrives at a load port within the laycan to load - expected waiting time is 10+ days. NOR is permitted to be tendered at anchorage. No surveys are available at anchorage. If the vessel should subsequently fail survey (ie after berthing after a 10+ day wait) the previously tendered NOR is deemed to be void and all time waiting/demurrage accrued does not count and owners has to tender a new NOR once vessel has passed survey. The usual rule of time ceasing to count from time of failure to time of passing is being thrown out the window as these majors shove their charter party terms down the throats of Owners.
Think about it - as an Owners you have sent your asset to the load port within the required dates saying here i am as required - survey me, berth me, load me. The charterers are then saying wait off the port at our convenience for however long (think aussie coal loaders) and should you happen to fail once we berth you and survey you all that time waiting counts for nothing - we are talking $100,000's
Where is the justice / equitable terms?
Why dont people just use the Gencon time waiting clause?
Again the Owner has to take it in the neck as arrogant Charterers exercise their power.
The plaintiff shipowner
Unquote
Wow - strong words PS. Im gonna have to think about an appropriate reply.
Anyone else willing to agree or disagree?
Just wondering, does the saying 'the customer is always right' apply to the shipping industry?
ReplyDeleteI see the point very clearly, it seems very unjust. The shipowners assets have arrived on time as originally agreed. So surely the charterers are in the wrong?!
Nothing to blame the powerful charterers if ship owners decided to overlook one of the most impt clause. It is a negligence of the chartering person would say. Cautious could not be forgotten in shipping =)
ReplyDeleteHynn