Legal Concept of Lay Time and the Associated Charter Party Clauses

 Introduction

Laytime is one of the continuous circumstances in Associated Charter Party Clauses establishing a Charter Agreement whose purpose is to express the agreed period of time between the parties to carry out the loading and unloading operations. In a broader sense, it accounts for all the time that the ship is in port for charter contract and this period is the agreed time for the ship during which it remains available at the port to meet the operation. It is associated with the letter in which the outcome reflects the understanding to be applied in the international shipping market and where judgments have had their enlightened and updated meanings, which reflects the developments in case law and changes in commercial practices issued by avoiding disputes and burdening the parties.

 Legal Concept of Lay Time

For developing a Laytime, these things are focused i.e. the beginning, interruptions, calculation of the length of stay and the calculation to find the demurrage or dispatch. As a result of this “agreed time” in a loading or unloading, will hit different situations. Demurrage is a fine charged for having advanced in the agreed time, i.e. to cover the losses of the ship-owner outages which did not fulfill the Port Operator in relation to the agreement to operate the ship. It is the fee charged to the importer or contractor container for as long as he remains in the country beyond the established between the parties. Secondly, promptness is the inverse of demurrage. It is a premium or bonus paid by the ship-owner to the shipper to use less time in operation. 

Procedures in the Preparation of Lay Time

Analysis of Associated Charter Party Clauses and Lay Time

With the stipulation monetary value per day or pro rata, the charterer has the same realization that does not comply with the stipulated Laytime for loading or unloading, and one can still pick up or unload upon payment of demurrage which will be determined at the end operation, and do not run the risk of having your sale of goods if the seller or transportation frustrated. The carrier cannot simply set sail with the ship at the end of the stipulated time, which is entitled to demurrage.

According to associated charter party clauses, Laytime can be calculated by dividing the quantity of cargo by the product of agreed number and rate of hatches of the vessels. Therefore to be effective, would need to be surrounded by instruments and procedures to be met by legitimate to include the beneficiary’s creditor’s product frame obtained in the auction, which requires a composition to the satisfaction of any amounts owed to the tax authorities.

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