SELLER shall nominate performing vessel (“Vessel”) no later than 5 days prior to Vessel’s Estimated Time of Arrival (“ETA”) at loading port. BUYER cannot unreasonably reject Vessel. SELLER has the right to substitute the nominated Vessel within 3 days before Vessel’s ETA at loading port.
BUYER shall confirm/reject SELLER’s Vessel nomination within 24 hours of its presentation. In case of a rejection, BUYER shall provide a valid explanation to support the same. In case BUYER does not confirm/reject the Vessel nomination within the mentioned timeframe, the Vessel will be considered as approved. No Vessel acceptance shall be unreasonably withheld.
SELLER shall provide Vessel equipped with cranes and grabs. BUYER shall provide and pay for crane operators to discharge Vessel at the minimum average rate as confirmed in the Trade Recap per weather working day, Sundays and holidays included (“SHINC”) (“Discharge Rate”) at BUYER’s time, risk and expense. BUYER shall provide and pay for any other equipment such as bulldozers/payloaders, together with operators as needed to aid with discharge of Product and blade cleaning of cargo holds at BUYER’s time, risk and expense.
Notice of Readiness (“NOR”) at Discharge Port can be tendered any time day or night Sundays and holidays included (“SHINC”), upon Vessel’s arrival at Discharge Port’s pilot station, whether in berth or not (“WIBON”), whether in port or not (“WIPON”), whether granted free pratique or not (“WIFPON”), whether customs cleared or not (“WICCON”).
BUYER guarantees safe berth and all approaches and all available at Vessel’s arrival. Laytime shall commence 12 hours after Vessel tenders NOR, WIBON, WIPON, WIFPON and WICCON, unless discharge sooner commenced.
Stevedore damages to be settled directly between stevedores and Owners. BUYER to assist as necessary to ensure any such damages and any time lost as a result thereof are settled expeditiously prior Vessel concluding the discharge.
BUYER shall pay demurrage, at the demurrage rate indicated by SELLER in the Vessel nomination (“Demurrage Rate”), for all laytime used which exceeds the allowed time. Despatch shall be paid on a similar basis at half the Demurrage Rate for the time by which allowed time exceeds laytime. All time waiting for berth shall be for BUYER’s account. If discharge operation of Vessel is stopped or delayed for any reason except fault of the Vessel, including but not limited to environmental issues (i.e., dust), port congestion, lack of shore labor or shore equipment, laytime shall run without interruption and all time shall count at the indicated Demurrage Rate, from the stoppage until resumption of full work. If the Vessel is requested to leave the berth by port authorities due to any of the above, laytime shall run without interruption and all time and cost to leave, stay away from and return to berth shall be for BUYER’s account until the resumption of full work.
SELLER shall forward the laytime calculations to BUYER as quickly as possible upon completion of discharge. BUYER shall reply with acceptance or proposed changes within 30 days of sending calculations from SELLER failing which SELLER’s calculations are deemed accepted. In any event, all outstanding amounts shall be settled and paid within 60 days of completion of discharge.
Once the Vessel is on demurrage will always be considered on demurrage and all time shall count at the indicated daily Demurrage Rate.