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General Logistics

Settlement of demurrage and freight claim

Often incorporated into the time of the lease, such as 30 days after discharge, the ship provides handling fact file, and then both sides settle demurrage and despatch, so that if the ship discharged within days, demurrage to be more than 30 days before. Because the payment time has not yet come, and there are no liens to recover the goods loading and unloading port demurrage. But if the lease is not clear, that is, within a reasonable time, usually upon completion of the loading and unloading work. In General, load port demurrage charges don't have to wait for the discharged goods, at the loading port or if they have had a huge demurrage, can recover right away, as long as there is "for example in jinkang lease 8th" text description rental home itself is responsible for loading port demurrage. But not so stated, and lease just has a responsibility to terminate and Lien clause, rental home without having to be responsible for the loading port demurrage must be unloaded by the owner retained goods in Hong Kong, to recover from the consignee. If the demurrage calculation is "pooling", the loading and unloading only once, all calculation of demurrage must be discharged to be counted.
BIMCO recently meeting also discussed a number of peace, such as the Austwheat model, including demurrage provisions of articles like this: pay demurrage, if it happens every day. But how to pay for it? it was suggested to change it, paid every day, can't do in reality. But others say that is no reason to change, good for the owners, every pay day to pay, out of reach is another reality, but such demurrage is owed should be paid each day. Ship unless quickly finished unloading, or for a little time to stop a little bit longer, it should enhance the rights of owners to get "pay award in the Middle" or to detain goods and daily interest to "pay" them, the owner is very favourable.
Against the rental home is the latest 1994 jinkang model format, 7th is also its provisions demurrage payments every day, but it also provides rental home on receipt of the owner for payment after 96 hours have not been paid, the owner can withdraw the vessel and can be claimed. This will occur at the loading port, ship goods, loading time is over, quickly invoice to demurrage, per day out of an invoice, 96 hours, not money, the owner can withdraw the vessel when the market rises. If renting home insisted that the ship, owner of opportunity knocks, not just to pay demurrage, as simple as that. This consequence NYPE and rent to pay the rent on time, but rents are clearly, less controversial, and demurrage charges dispute can be big, such as rent homes that the earlier notice of readiness is not valid, loading time is not starting, not to mention the ship had entered a period of delay. But under jinkang 1994 7th, aggravated by higher freight rates and not to the ship not, often can pay rent house money at best "under protest", to prevent shipowners have an excuse to withdraw the vessel. For boaters, of course, such a situation can only appear in the loading port, at the port of unloading because of owner Bill of lading constraints, often in addition to detaining goods is not going to withdraw the vessel, so lease don't be afraid, did not even have disputed how much demurrage guts. The entire approach and mentality, real time NYPE was not paying rent on time, but pay less controversial, the owner should consider withdrawal.
Freight clearing time remaining
Now a common approach is to agree to pay a portion of the costs, and the remaining with dispatch/demurrage fee at settlement after discharging cargo. The remaining freight, usually 5% or 10%. One reason is that leaving the money to guarantee the dispatch time charterers hands the right to leave, but this is no excuse, not much because today's dispatch, handling all dispatch, he was less often is a dispatch at one end and demurrage, hedge was offset at both ends. Owner was extremely dangerous, there is already a case in the United Kingdom Court of appeal, said that under this provision, demurrage charges dispute a day, can't settle the remaining freight paid day has not yet arrived. But the two sides have disputes on demurrage, played 18 years before the end of the case, after the question is, when will the remaining freight paid? 18 years ago after 18 years? in that time, interest has turned quite a few. They both demurrage charges dispute, from trade fair rental home early for the remaining freight paid. Case of demurrage and settlement time is too long, it should not be used "reasonable time" instead of the specified in the rental agreement, so the remaining freight in the Court of Appeal ruled 18 years after the demurrage paid only after the judge. Advice to owners in the Court in the case above, later used other terms "the remaining freight will dispatch/demurrage settlements or x months after discharge from any earlier date".
Despatch
If the owners rented home 10 days shipping time were leased for 5 days is finished loading, then the owner will thank the rental home, but there are no arrears, because rental home until the cargo is loaded in the 10 days he is according to the contract's obligations. In many cases, owner of vessel turnover, often into the despatch provisions in the contracts, usually for despatch half demurrage. Boat only in contracts specify dispatch fee to arrive. If you do not specify, rent a home before the end of the fixed loading and unloading time loading and unloading, also is for the owner to do a good deed, owner in addition to grateful you don't have to give money. While demurrage is not indicated, as long as the breach of contract claim, but does not specify the amount, the owner claims damages for detention, more difficult to prove.

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