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ARTICLE · 06 MARCH 2013

Is The Meaning Of Laytime "Always Accessible"?

Voyage charterparties sometimes contain a promise on the part of charterers that, upon arrival at the loading or discharging port, the vessel will be able to proceed directly to berth.

United KingdomTransport

Voyage charterparties sometimes contain a promise on the part of charterers that, upon arrival at the loading or discharging port, the vessel will be able to proceed directly to berth. The promise usually takes the form of the stipulation "reachable on arrival" or "always accessible". Can owners claim damages if charterers break their promise, and how does such a breach impact on the laytime and demurrage provisions in the charterparty?

As to damages, once the vessel has tendered notice of readiness ("NOR"), and so become an "arrived ship", no question of damages can arise in relation to the broken promise.1 Simply, laytime will start running and, if it expires before loading/discharging is completed, owners will be entitled to demurrage.

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