other information
drafter:Lin Zhong, Chen Zheng, Liu Meishan, Jing Hongde, Guo Jiangzhu, Jin Xufeng, Ge Ju, Yang Xijiang, Li Jinhua
Drafting unit:Xiamen Xinghuayang Maritime Service Co., Ltd., Shenzhen Lianhe Zongheng International Freight Forwarding Co., Ltd., Shanghai Xinjingcheng International Logistics Co., Ltd., Guofutong Information Technology Development Co., Ltd., Yiwu Jinlong Internat
Focal point unit:National Technical Committee for Standardization of International Freight Forwarding (SAC/TC 489)
Proposing unit:Ministry of Commerce of the People's Republic of China
Publishing department:General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Standardization Administration of China
Some standard content:
ICS03.100.01
National Standard of the People's Republic of China
GB/T33895-—2017
Laytime definitions for charter parties
Laytime definitions for charter parties Issued on 12 July 2017
General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Administration of Standardization of the People's Republic of China
Implementation on 1 February 2018
General terms
When the vessel arrives
Indication of laytime
Commencement of laytime
Calculation of laytime
Demurrage and dispatch
Appendix A (informative)
References
Model charter party
GB/T33895—2017
Hii KAoNhi KAca
HiiKAoNiKAca
This standard was drafted in accordance with the rules given in GB/T1.1-2009. This standard was proposed by the Ministry of Commerce of the People's Republic of China. This standard is under the jurisdiction of the National Technical Committee for Standardization of International Freight Forwarding (SAC/TC489). GB/T33895—2017
The drafting units of this standard are: Xiamen Xinghuayang Maritime Service Co., Ltd., Shenzhen Lianhe Zongheng International Freight Forwarding Co., Ltd., Shanghai Xinjingcheng International Logistics Co., Ltd., Guofutong Information Technology Development Co., Ltd., Yiwu Jinlong International Freight Forwarding Co., Ltd., Xinjiang Agricultural University College of Mechanical Transportation, Xinjiang High-tech Project Development Research Institute (Co., Ltd.), Xiamen Inno Electronic Technology Co., Ltd. The main drafters of this standard are: Lin Zhong, Chen Feng, Liu Nenyan, Jing Hongde, Guo Jiangzhu, Jin Xufeng, Ge Ju, Yang Xijiang, and Li Jinhua. HiiKAoNiKAca
GB/T33895—2017
Disputes over laytime and demurrage are the core components of disputes in voyage charter parties. Relevant disputes are mostly concentrated on the meaning of specific words in the laytime and demurrage clauses. Therefore, defining the words and phrases related to laytime in charter parties is of great significance for determining laytime, avoiding contract risks and regulating charter business. IV
HiiKAoNhiKAca
1 Scope
Definition of Laying Time in Charter Parties
GB/T33895—2017
This standard specifies the terms and definitions related to laying time used in charter parties, including general terms, arrival of the ship, expression of laying time, commencement of laying time, calculation of laying time, demurrage and dispatch, etc. This standard applies to the calculation and commercial processing of laying time in charter parties. 2 General Terms
Charterparty
An agreement between the lessor and the lessee, which provides that the lessee shall rent a certain vessel or a certain space from the lessor for the transportation of goods under certain conditions, and which sets out in terms the rights and obligations, liabilities and exemptions of both parties, in order to define the economic and legal relationship between the two parties.
Note: A charterparty includes any form of contract of carriage or affreightment, including contracts evidenced by bills of lading, see Appendix A. 2.2
Port
Any area where a vessel is loaded or unloaded, including but not limited to berths, wharves, anchorages, buoys and offshore facilities, and also includes any area where a vessel is ordered to wait for entry into a port, even if the area is outside the legal, tax or administrative jurisdiction of the port. 2.3
Berth
A specific area where a vessel is prepared to load or unload, including but not limited to wharves, anchorages, offshore facilities or other places for the purpose of loading or unloading.
laytime
The period of time agreed upon by the parties to the contract during which the lessor shall make the vessel suitable for loading/discharging operations without paying any additional costs other than freight.
rate of loading/dischargingThe quantity of cargo loaded and unloaded on each consecutive day, working day, or sunny working day as agreed in the contract. 2.6
notice of readiness, NOR
Notification of readiness, NOR
A notice given to the charterer, consignor, consignee or other person that the vessel has arrived at the port or berth (as the case may be) and is ready to load or discharge cargo as required by the charter party. 3When the vessel arrives
reachableonarrivalThe charterer guarantees that when the vessel arrives at the port, a berth will be provided that can be directly and safely entered without delay and can be used for loading/unloading operations.
Always accessibleThe charterer guarantees that when the vessel arrives at the port, a berth that can be directly and safely entered without delay and can be used for loading/unloading operations will be provided. The charterer also guarantees that the vessel can safely leave the berth without delay at any time before, during or after loading or unloading.
Vessel being in free pratiqueThe vessel meets the health requirements of the port.
4Expression of laytime
Day(s))
A period of 24 consecutive hours. Time less than one day will be calculated pro rata. 4.2
Calendar days
A period of 24 consecutive hours from 00:00 to 24:00. Parts of a calendar day are calculated pro rata. 4.3
Conventional days
A period of 24 consecutive hours from any fixed time. Parts of a contractual day are calculated pro rata. 4.4
Workingdays
Working days
Days on which work is usually performed according to local law and custom. 4.5
Running days;consecutive daysThe number of days on which one day follows another.
Running hours;consecutive hoursThe number of hours on which one hour follows another. 4.7
holiday
a day or part of a day other than the normal weekly rest day during which work which would normally be carried out during normal working hours is not normally carried out in accordance with local law and custom.
aweatherworking days
aweatherworking day
a working day or part of a working day during which the vessel can, or if the vessel is still waiting to berth could, carry out loading or unloading operations not affected by weather. If the operations are interrupted by weather, or if loading or unloading operations are already in progress and interrupted by weather, the laytime shall be deducted in proportion to the duration of the interruption to the normal working hours not affected by weather. 4.9
weather working day of 24 consecutive hours A working day of 24 consecutive hours or part of a working day during which the vessel may, or if the vessel is still waiting to berth, may, load and unload cargo without being affected by weather. If the operation is interrupted due to weather, or if the loading and unloading operation is already in progress and the operation is interrupted due to weather, the interruption time shall be deducted from the loading and unloading time. 4.10
weather working day of 24 hours
a 24-hour period consisting of the working hours of one or more working days added together, during which the vessel may, or if the vessel is still waiting to berth, may, load and unload cargo without being affected by weather. If the operation is interrupted due to weather, or if the loading and unloading operation has been carried out but is interrupted due to weather, the actual interruption time shall be deducted from the loading and unloading time. 4.11
(Working Day) Weather Permitting (working day) Weather permitting is defined the same as a working day with 24 consecutive hours of clear weather. 5 Time lost waiting for berth to count as loading or discharging time or as laytime If there is no free loading or unloading berth and the vessel is unable to tender the Notice of Readiness at the waiting place, the time lost by the vessel is counted as laytime as if laytime had already begun to run, and if laytime has expired, it is counted as demurrage. This time is calculated until a berth is available.
When the vessel arrives at the place where the Notice of Readiness can be tendered, laytime or demurrage shall continue to run after the tender of such notice, but in the case of laytime, it shall continue to run from the expiration of the notice time stipulated in the charter party. 5.2
Whether in port or not, WIPON
If upon arrival of the Vessel the designated loading or unloading berth is not available, the Vessel shall be entitled to tender Notice of Readiness at any normal waiting place in the Port and laytime shall commence as provided in the Charter Party. 5.3
F whether in port or not, WIPONbZxz.net
If upon arrival of the Vessel the designated loading or unloading berth and the normal waiting place in the Port are not available, the Vessel shall be entitled to tender Notice of Readiness at any approved waiting place outside the Port and laytime shall commence as provided in the Charter Party. 5.4
Unless sooner commended Laytime shall commence after Notice of Readiness has been tendered but before the laytime agreed in the Contract has commenced, but loading or unloading operations have already commenced. 5.5
Unless sooner commenced, actual time used shall be counted as laytime.
Unless used
The actual time used during the period after the notice of readiness has been delivered but before the laytime agreed in the contract has commenced shall be counted as laytime.
Unless used
The laytime has already commenced but loading or unloading is carried out during the excluded time, then the actual time used shall be counted as laytime.
HiKAoNhi KAca
GB/T33895—2017
6 Calculation of laytime
Per hatch per day (laytime calculation) The laytime is calculated by dividing the quantity of cargo by the product of the agreed loading and unloading rate per hatch per day and the number of hatches of the vessel, i.e., laytime minus the quantity of cargo/(daily loading and unloading rate × number of hatches). Each pair of parallel double hatches is calculated as one hatch, but hatches that can be operated by two shifts at the same time are calculated as two hatches. The method for calculating the loading and unloading time per hatch per day is shown in formula (1): 6.2
Loading and unloading time per hatch per day (d) = daily loading and unloading rate (t/d) × number of hatches and quantity of cargo (t)
(1)
perworking hatch per day (laytime calculation), WHD (laytime calculation) perworkable hatch per day (laytime calculation); WHD (laytime calculation) The calculation of loading and unloading time is the maximum cargo hold capacity, divided by the product of the agreed loading and unloading rate per working hatch or per workable hatch per day and the number of hatches served by the cargo hold, that is, loading and unloading time = maximum cargo hold capacity/(daily loading and unloading rate per hatch × number of hatches served by the cargo hold). Each pair of parallel double hatches is calculated as one hatch, but if two shifts can work on it at the same time, it is calculated as two hatches. The method for calculating the daily loading and unloading time per working hatch is shown in formula (2): Daily loading and unloading time per working hatch (d) × maximum cargo hold load (t)
Daily loading and unloading rate per hatch (t/d) × number of hatches served by the cargo hold 6.3
Calculate the average laytime to average laytime Calculate the loading time and unloading time separately, and use the time saved in one operation to offset the excess time in the other operation. 6.4
Calculate the reversible laytime ·.· (2)
The charterer has the option to add the agreed loading time and unloading time together. The result of exercising the option is as if the total time for one loading and unloading operation has been agreed.
Except or excluded Loading or unloading during certain specific times shall not be calculated as laytime. 7 Demurrage and dispatch
Demurrage
Agreed fee payable to the charterer for delay of the vessel beyond the laytime due to reasons not attributable to the charterer. Unless otherwise agreed in the charterparty, the laytime exclusion does not apply to demurrage. 7.2
Dispatch money despatch
Agreed fee payable by the charterer if the vessel completes loading or unloading before the laytime expires. 4
Despatch money despatch on all working time saved WTs Despatch money despatch on all laytime saved GB/T33895—2017
Dispatch money despatch on all working time saved GB/T33895—2017
Dispatch money despatch on all laytime saved GB/T33895—2017
Despatch on all time saved: Despatch paid by ATSs for the period from the time loading or unloading is completed to the time when the laytime is over, including the time excluding the laytime.
GB/T33895—2017
The following is a charter party template.
(Informative Appendix)
Charter party template5
Unless sooner commenced, the actual time used shall be included in the calculation unless sooner communicated, in which case actual time used to count
After the notice of readiness has been delivered and the laytime agreed in the contract has not yet begun to run, the actual time used during this period shall be counted as laytime.
Unless used
The laytime has already started to run, but loading or unloading operations are carried out during the excluded time, in which case the actual time used shall be counted as laytime.
HiKAoNhi KAca
GB/T33895—2017
6 Calculation of laytime
Per hatch per day (laytime calculation) per hatch per day (laytime calculation) The calculation of laytime is the product of the quantity of cargo divided by the agreed loading and unloading rate per hatch per day multiplied by the number of hatches of the ship, that is, the laytime minus the quantity of cargo/(daily loading and unloading rate × number of hatches). Each pair of parallel double hatches is calculated as one hatch, but hatches that can be operated by two shifts at the same time are calculated as two hatches. The method for calculating the loading and unloading time per hatch per day is shown in formula (1): 6.2
Loading and unloading time per hatch per day (d) = daily loading and unloading rate (t/d) × number of hatches and quantity of cargo (t)
(1)
perworking hatch per day (laytime calculation), WHD (laytime calculation) perworkable hatch per day (laytime calculation); WHD (laytime calculation) The calculation of loading and unloading time is the maximum cargo hold capacity, divided by the product of the agreed loading and unloading rate per working hatch or per workable hatch per day and the number of hatches served by the cargo hold, that is, loading and unloading time = maximum cargo hold capacity/(daily loading and unloading rate per hatch × number of hatches served by the cargo hold). Each pair of parallel double hatches is calculated as one hatch, but if two shifts can work on it at the same time, it is calculated as two hatches. The method for calculating the daily loading and unloading time per working hatch is shown in formula (2): Daily loading and unloading time per working hatch (d) × maximum cargo hold load (t)
Daily loading and unloading rate per hatch (t/d) × number of hatches served by the cargo hold 6.3
Calculate the average laytime to average laytime Calculate the loading time and unloading time separately, and use the time saved in one operation to offset the excess time in the other operation. 6.4
Calculate the reversible laytime ·.· (2)
The charterer has the option to add the agreed loading time and unloading time together. The result of exercising the option is as if the total time for one loading and unloading operation has been agreed.
Except or excluded Loading or unloading during certain specific times shall not be calculated as laytime. 7 Demurrage and dispatch
Demurrage
Agreed fee payable to the charterer for delay of the vessel beyond the laytime due to reasons not attributable to the charterer. Unless otherwise agreed in the charterparty, the laytime exclusion does not apply to demurrage. 7.2
Dispatch money despatch
Agreed fee payable by the charterer if the vessel completes loading or unloading before the laytime expires. 4
Despatch money despatch on all working time saved WTs Despatch money despatch on all laytime saved GB/T33895—2017
Dispatch money despatch on all working time saved GB/T33895—2017
Dispatch money despatch on all laytime saved GB/T33895—2017
Despatch on all time saved: Despatch paid by ATSs for the period from the time loading or unloading is completed to the time when the laytime is over, including the time excluding the laytime.
GB/T33895—2017
The following is a charter party template.
(Informative Appendix)
Charter party template5
Unless sooner commenced, the actual time used shall be included in the calculation unless sooner commenced, in which case actual time used to count
After the notice of readiness has been delivered and the laytime agreed in the contract has not yet commenced, the actual time used during this period shall be counted as laytime.
Unless used
The laytime has already commenced, but loading or unloading operations are carried out during the excluded time, in which case the actual time used shall be counted as laytime.
HiKAoNhi KAca
GB/T33895—2017
6 Calculation of laytime
Per hatch per day (laytime calculation) per hatch per day (laytime calculation) The calculation of laytime is the product of the quantity of cargo divided by the agreed loading and unloading rate per hatch per day multiplied by the number of hatches of the ship, that is, the laytime minus the quantity of cargo/(daily loading and unloading rate × number of hatches). Each pair of parallel double hatches is calculated as one hatch, but hatches that can be operated by two shifts at the same time are calculated as two hatches. The method for calculating the loading and unloading time per hatch per day is shown in formula (1): 6.2
Loading and unloading time per hatch per day (d) = daily loading and unloading rate (t/d) × number of hatches and quantity of cargo (t)
(1)
perworking hatch per day (laytime calculation), WHD (laytime calculation) perworkable hatch per day (laytime calculation); WHD (laytime calculation) The calculation of loading and unloading time is the maximum cargo hold capacity, divided by the product of the agreed loading and unloading rate per working hatch or per workable hatch per day and the number of hatches served by the cargo hold, that is, loading and unloading time = maximum cargo hold capacity/(daily loading and unloading rate per hatch × number of hatches served by the cargo hold). Each pair of parallel double hatches is calculated as one hatch, but if two shifts can work on it at the same time, it is calculated as two hatches. The method for calculating the loading and unloading time per working hatch per day is shown in formula (2): loading and unloading time per working hatch per day (d) × maximum cargo hold load (t)
daily loading and unloading rate per hatch (t/d) × number of hatches served by the cargo hold 6.3
calculation of average laytime Calculate the loading time and unloading time separately, and use the time saved in one operation to offset the excess time in the other operation. 6.4
calculation of reversible laytime·.· (2)
The charterer has the right to choose to add the agreed loading time and unloading time together for calculation. The result of exercising the option is as if the total time of one loading and unloading operation has been agreed.
excepted or excluded loading or unloading during certain specific times shall not be calculated as laytime. 7 Demurrage and dispatch
Demurrage
Agreed fee payable to the charterer for delay of the vessel beyond the laytime due to reasons not attributable to the charterer. Unless otherwise agreed in the charterparty, the laytime exclusion does not apply to demurrage. 7.2
Despatch money despatch
Agreed fee payable by the charterer if the vessel completes loading or unloading before the laytime expires. 4
Despatch money despatch on all working time saved WTs Despatch money despatch on all laytime saved GB/T33895—2017
Despatch money despatch on all working time saved GB/T33895—2017
Despatch money despatch on all laytime saved GB/T33895—2017
Despatch on all time saved: Despatch paid by ATSs for the period from the time loading or unloading is completed to the time when the laytime is over, including the time excluding the laytime.
GB/T33895—2017
The following is a charter party template.
(Informative Appendix)
Charter party template2
Despatch money despatch
The agreed fee that the lessor needs to pay when the ship completes loading or unloading before the laytime expires. 4
Despatch money despatch on all working time saved WTsDespatch money despatch on all laytime saved GB/T33895—2017
Despatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsThe following is a model charter party.
(Informative Appendix)
Charter Party Model2
Despatch money despatch
The agreed fee that the lessor needs to pay when the ship completes loading or unloading before the laytime expires. 4
Despatch money despatch on all working time saved WTsDespatch money despatch on all laytime saved GB/T33895—2017
Despatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsDespatch money despatch on all time saved: ATSsThe following is a model charter party.
(Informative Appendix)
Charter Party Model
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