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Demurrage Time Bars - FAQ's Voyage and time charterparties often include clauses that require claims to be notified or initiated within a certain period, or they will be time-barred. Failure to comply with these clauses can result in severe consequences, potentially invalidating a valid claim. Articles Heloise Campbell Published: August 07, 2024 Contact author Download article pdf It is important to note that the outcome of each case will depend on the particular facts and the specific charterparty wording that has been agreed. However, below are some general principles which apply from an English law perspective. The Timing of a Claim Notification Owners may have a set number of days in which to notify Charterers of any demurrage due and to provide the supporting documents for this claim. There may be two time bars: The first for notifying Charterers that demurrage has been incurred; and A separate one for providing the documented claim. The general principles for counting of time for these notifications are: Is there a clause which expressly sets out how times are to be calculated? For example, BPTime 3, clause 8.1 expressly provides that all calculations are to be made in UTC. When computing a period within which a certain thing must be done, the first day is not ordinarily counted. For example, if there was a 30 day period from discharge, the date of discharge would be day zero and would not count as one of the 30 days for providing notice. Save where it is necessary to determine which of two acts done on the same day was done first, fractions of a day do not count. Unless there is an express provision to the contrary, a ‘day’ is a period of twenty-four hours beginning and ending at midnight i.e. a calendar day. Differing time zones for the parties to the contract may be a complicating factor. Where the clause refers to a number of days following completion of discharge, the date of completion of discharge should be determined according to the
Demurrage Time Bars - FAQ's
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