Maritime law and Charter Parties in Asbatankvoy.com
Demurrage at discharge port
i am facing a problem where a vessel delivering a bulk shipment was delayed at the disport after discharge of cargo due to a dispute between vessel owner and the shipping agent at the disport. seller is claiming demurrage from me even though i had no role in holding back the ship. is this correct?
Replies to This Discussion
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Permalink Reply by asbatankvoy on
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Assume you are the Charterer, right ? Or the shipper ?
Who nominated the agency ? Was it you ?
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Permalink Reply by Simone Smith on -
Please share more about what happened, what was your role in the transaction and on what grounds is he basing his claim against you?
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Permalink Reply by balan on
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i am not the charterer in this case. the seller is the charterer. i am the buyer at the discharge port. vessel was nominated by seller who is also the charter party. his claim is that all responsibility for demurrage at disport is to buyers account. my understanding is that buyers responsibility is only upto discharge of cargo. since i have done that on time and my released his vessel i dont see in what way i am to be held responsible for a delay the vessel experienced due to a dispute with their local agent. the pretext mentioned is that we have claimed a shortage (which we have done as a matter of routine to file for insurance) and hence the agent has held back the ship. seller says that he is passing on the claim raised by vessel owner on him to us.
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Did you nominated the agent ?
Also, why did the agent held back the ship ?
They have a point at least, if you claimed a shortage .... can we have more information ?
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Permalink Reply by balan on
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agent is nominated by the ship owners to represent them.
ship was held back because the agent wanted a Letter of guarantee from the shipowners P&I club for the shortage which the ship owner refused to furnish. however this was not under any instruction from us to the agent and was a matter entirely between the two.
our filing of the shortage report was only a routine matter for allowing us to claim insurance.
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Still, you claim a shortage, that the Owner has the right to fight. And can probably rightly argue that because of that claim the ship had to remain at berth.
It can be discussed but the Owner might win this one ... suggest you try to negotiate out of it ....
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