Cleaning and demurrage

[Andrew Bennett]

We have had a vessel rejected at berth ( we are the charterer) and sent back to clean - whilst cleaning, another vessel arrived and berthed and our vessel then waited for 2 days to load. They are charging demurrage for this. Our argument is that if they were clean in the first place there would have been no demurrage! Does Asbatankvoy give any clear ruling on this?

I would appreciate advice.

[asbatankvoy]

The vessel had to present herself ready to load. If she was not clean, then she wasn't ready to load, so no demurrage applies.

[Andrew Bennett]

Thanks, but what about the demurrage that started to accrue as she waits to reberth? Can we justifiably withhold all demurrage? Is there any section of the charter party that we can refer to?