The Mozart is chartered to France & Co. for one voyage from New
Orleans to Felixstowe with a cargo of cotton. While the Mozart is off
the port of Felixstowe on a Sunday her master gives notice of
readiness to discharge her cargo. Two days later she berths at the
charterer’s berth and discharge commence. Laytime for discharge is
provided for in the charterparty for a period of three weather working
days to commence at 8.00 am on the day after giving of a valid NOR. In
fact, it takes three weeks to unload. This is partly because the
charterer’s agent is ill. The owners of the Mozart take advantage of
the delay to load a cargo for their next fixture.

The charterparty to which France & Co. agreed provides for demurrage
at $1,000 per day and dispatch at $500 per day. However, the bill of
lading which was issued to them excludes liability of demurrage.

What are the issues that must be considered in connection with a claim
for demurrage by the owners of the Mozart and for dispatch by France &
co.?

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Request for Question Clarification by shivreddy-ga on 09 May 2003 02:58 PDT

Hi,

Thank you for your question. I have sent an email regarding this to a
friend who deals as a consultant to Shipping companies. He has replied
with the following email. I do not know if this answers your question
to the best of your satisfaction. Please let me know if any further
research or details are required regarding this. Also if you think
this covers everything, kindly let me know.

The Email:

firstly the vsl has tended nor on arrival on sunday. usually the c/p
stipulates nor to be tended on normal working hours. therefore the nor
will be valid at 0800 hrs on monday and the lay time will start
counting from tuesday 6th. that will answer the first part of your
question.
 
the second part is complicated. since the vsl has not completed
discharging the owners are not allowed to commence loading for the
next fixture unless the charter party provides them to do so(usually
this not the case)  or the owners have written approval from the first
charterers that the vessel can load without completion of her first
cargo. in such case they have to renegotiate and mutualy agree an
amended clause as to how the lay time shall be counted.
 
prima facie the owners are in breach of the charter party for loading
the second cargo without the first charts permission and will loose
thier claim for demurrage. eventually the case will have to be settled
by arbitration.
 
trust the above helps.

Warmest Regards,
Shiv Reddy