Voyage Charters
Page 971
Chapter 40
Safe Berthing – Shifting
| 9. SAFE BERTHING – SHIFTING. The vessel shall load and discharge at any safe place or wharf, or alongside vessels or lighters reachable on her arrival, which shall be designated and procured by the Charterer, provided the Vessel can proceed thereto, lie at, and depart therefrom always safely afloat, any lighterage being at the expense, risk and peril of the Charterer. The Charterer shall have the right of shifting the Vessel at ports of loading and/or discharge from one safe berth to another on payment of all towage and pilotage shifting to next berth, charges for running lines on arrival at and leaving that berth, additional agency charges and expense, customs overtime and fees, and any other extra port charges or port expenses incurred by reason of using more than one berth. Time consumed on account of shifting shall count as used laytime except as otherwise provided in Clause 15. |
40.1 There are three aspects of this clause: first, the warranty given by the charterer as to the safety and reachability of the place where the vessel is to load or discharge; second, the costs payable by the charterer if more than one berth is used; and third, the provision for the counting of laytime during such shifting. Safety is discussed in the context of the Gencon charter,1 and the counting of time for shifting is discussed in relation to clauses 7 and 15.2