Notice Of Readiness And The Commencement Of Laytime

Definition

The Notice of Readiness (NOR) is the document used by the Ship Master, khổng lồ notify his ship readiness, in every respect, to load and/or unload the goods during the period of his charter. NOR is an extremely important document as it triggers the commencement of laytime. “Laytime” is the term used to refer to lớn the time allowed khổng lồ the charterers to lớn load/discharge cargo in return for payment of freight to lớn the owners.In a case of invalid NOR, the vessel might not be considered as arrived ship and therefore all waiting time until berthing will be refuted in the demurrage clayên.

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The Notice Of Readiness (NOR) is always lớn be tendered in accordance with the terms of the Governing Charter Party. Unless otherwise advised, the NOR should be tendered khổng lồ all parties as per voyage orders, stating that vessel is in all respects ready khổng lồ load or discharge her cargo. If the vessel becomes not ready, then NOR will be tendered when the vessel has corrected whatever was the cause of her not being ready khổng lồ present NOR.

Contents of NOR

The notice of readiness is the notice khổng lồ the charterer, shipper, receiver or another person as may be required under the charter-tiệc nhỏ that:

The vessel has arrived at the specified destination where the notice of readiness can be given. It can be said briefly that the specified destination will depend on the terms of the contract. Various clauses in the charter tiệc nhỏ may advance the time that the vessel may tender the notice even though she may not be at the specified destination. The most familiar are the WIBON (“whether in berth or not”) provision which means that under a berth charter party, if the berth is not immediately accessible, the notice of readiness may be given when the vessel is in the port in which the berth is situated. Similarly a WIPON (“whether in port or not”) provision will enable the notice in certain circumstances to be tendered even if the vessel has not yet entered the port area.The vessel is ready lớn load or discharge the cargo as the case may be. This means that the vessel must be both physically ready in that the holds are ready lớn receive sầu the cargo và legally ready in that all documentation necessary to lớn enable her to lớn commence loading is in order. If, however, the vessel is ready to subject only to lớn a mere formality then the notice may still be able to lớn be tendered. For example, if customs clearance is only obtainable on berthing but the notice can be tendered when the vessel is off berth then this will not affect the vessel’’s readiness.All other requirements under the charter buổi tiệc ngọt concerning the size, timing & the buổi tiệc nhỏ to lớn whom the notice is lớn be tendered have been complied with.

 Requirements for a valid notice of readiness to lớn be served

The vessel is an arrived vessel.The vessel is ready lớn receive sầu or discharge the cargo.The notice of readiness is tendered to và received by the proper person according to the charter-tiệc ngọt.The notice of readiness is tendered in a contractual way.The notice of readiness is tendered at a time that is allowed by the charter-buổi tiệc ngọt.

Sample Notice of Readiness NOR


The original NOR is lớn be confirmed by a NOR in writing, which is lớn be submitted lớn & signed by an authorised person when the vessel is all fast. The written NOR should clearly state that NOR was first sent by gmail, telex, … and should show the date and hour of the initially sent NOR. If you have been instructed to lớn tender NOR prior commencement of laydays và your vessel is still awaiting berth upon commencement of laydays, it is advised to re-tender NOR upon commencement of laydays, adding the wording “without prejudice khổng lồ first NOR tendered at ‘datelTime”. For multiple berth cargo operations, an NOR should be tendered for each berth using the time of hose disconnection from the previous berth as NOR tendering time for next berth. If the discharge is part STS transfer or lightering with balance alongside a berth, two NOR’s are khổng lồ be tendered (one for lightering & one for berth discharge).


Case Study

Port charter tiệc nhỏ – “within port limits” defined.

The Facts

A fixture recap contained the following clause:

15. Notice of readiness to be tendered at both ends even by cable/telefax on vessel’s arrival at load/discharging ports within port limits. The notice of readiness not to be tendered before the commencement of lay days.

… Otherwise, Gencon 94 printed khung charter tiệc nhỏ with logical amendments on the terms as per fixture recap.

Clause 6(c) of Gennhỏ 94 included the following under the sub heading “commencement of laytime (loading & discharging)”.

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If the loading/discharging berth is not available on the vessel’s arrival at/off the port of loading/discharging, the vessel shall be entitled khổng lồ give sầu notice of readiness within ordinary office hours on arrival there … laytime or time on demurrage shall then count as if she were in berth và in all respects ready for loading/discharging provided that the master warrants that she is, in fact, ready in all respects. Time used in moving from the place of waiting to lớn loading/discharging berth shall not count as laytime”.

Due to congestion, the vessel anchored outside the port limits of Krishnapatnam as depicted on the relevant Admiralty Chart.

Despite this, owners tendered notice of readiness và claimed demurrage.

Findings

Messrs Williamson & Schofield found for the charterers.

Owners were given permission lớn appeal on the definition of “port limits

Mr Justice Knowles CBE upheld the arbitrators’ award.

He held that where there is a national local law that defines the limits of the port in question, those are the limits that will apply in the case of that port. Where there is not such a law, then a good indication of what the port limits are is given by the area of exercise by the port authority of its powers to lớn regulate the movements of the conduct of ships.


Here the arbitrators did the best they could with material offered to them: the Admiralty Chart.

Commentary

The outcome seems fairly obvious.

The value of “port limits” as a criterion for an arrived ship remains questionable.

All that should matter is the unique of the vessel’s position and the readiness of access lớn a berth when one becomes available. – as seen on Charter Party Cases