When the ship arrives early, there are cases where the ship waits for goods. At this time, it is necessary to distinguish whether the ship is waiting for the goods before Liakan or in LAYCAN. Before LYACAN waits for the goods, the ship can submit NOR, but the loading and unloading time cannot be calculated. LAYTIME should be counted from 0:00 on the first day of LYACAN, and there is no turnaround time (common 12HOURS). Of course, if the ship arrives at the loading port before LAYCAN and submits NOR+TURNTIME after 0:00 on the first day of LAYCAN, the loading and unloading time should be calculated from NOR+ TURN TIME. In case of appeal, in DEM/DES calculation, the shipowner will insist on starting at 0:00 on the first day of LAYCAN, while the shipper will insist on starting at 0:00+TURNTIME on the first day of LAYCAN. If it is not handled properly, the lessor/seller will mainly bear the time loss of TURNTIME. Personally, I think it is best to put this point clearly in foreign trade procurement contracts and chartering contracts.
When the ship appears in LAYCAN, the charterer will bear the loss of demurrage, but it can be passed on to the shipowner in the end.
The ship arrived after LAYCAN. If the cancellation date has passed, the charterer has the right to cancel the contract, which is not common in actual business. The rent price will wait for a few days at most. If the ship encounters a maritime accident, it can only be CANCAL. However, it is difficult to hold the shipowner accountable. At present, the commonly used version of voyage charter party is GENCON94. The first article of GENCON94 stipulates that once the ship promises to me in advance that it has been completed, That is, we should sail to the scheduled port or place in .................................................................................................................... Who knows if the last performance went well or not? Will there be any emergencies or something, don't you think? Therefore, when talking about the contract, it is necessary to know the dynamics of the ship and let the shipowner give a written dynamic, which is usually given by the shipowner. If you really want to investigate the responsibility of the shipowner, it depends on whether he deliberately falsely reported or lied when signing the contract with you that the ship could reach LAYCAN, or whether the shipowner made a detour after completing the voyage for his own benefit (for example, because the oil price was cheap elsewhere). If there is, it can be pursued, but it is also difficult to achieve.
In actual business, the protection condition is that VSL arrives beyond (before or after) laycan, and only the actual loading time is counted as loading and unloading time. This clause depends on your negotiating ability. If it is negotiated, it can be accepted by the shipowner. But I think the best way is to coordinate with the owner, prepare the goods as much as possible, and arrive at LAYCAN as late as possible one or two days when dispatching the ship. If the amount of demurrage is too large, although the final demurrage will be borne by the shipper, the lessee is also the injured party. In addition, if you meet a shipper with poor reputation or poor execution ability (especially the elderly in Indonesia), they may not pretend, and the renter will be miserable at this time. So as far as possible, the three parties should coordinate well, and it is of course good for everyone to be happy and make money!
I hope I can help you!
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