Voyage Charters
Page 959
Chapter 39
Demurrage
| 8. DEMURRAGE. Charterer shall pay demurrage per running hour and pro rata for a part thereof at the rate specified in Part I for all time that loading and discharging and used laytime as elsewhere herein provided exceeds the allowed laytime elsewhere herein specified. If, however, demurrage shall be incurred at ports of loading and/or discharge by reason of fire, explosion, storm or by a strike, lockout, stoppage or restraint of labor or by breakdown of machinery or equipment in or about the plant of the Charterer, supplier, shipper or consignee of the cargo, the rate of demurrage shall be reduced one-half of the amount stated in Part I per running hour or pro rata for part of an hour for demurrage so incurred. The Charterer shall not be liable for any demurrage for delay caused by strike, lockout, stoppage or restraint of labor of Master, officers and crew of the Vessel or tugboat or pilots. |
Demurrage
39.1 The parties must agree the demurrage rate in Part I(I), and demurrage at the agreed rate is then payable “per running hour and pro rata”.1 Unless the charter form is amended by the parties, or the bill of lading contains special stipulations not found in the prescribed form, only the charterer is liable for demurrage, and the shipper and bill of lading holder are under no personal liability, although the owner may exercise the lien for demurrage against them.2