DEMURRAGE-主文.doc

Chapter 16 Demurrage Demurrage 7. Demurrage 101 Ten running days on demurrage at the rate stated in Box 18 per 102 day or pro rata for any part of a day, payable day by day, to be 103 allowed Merchants altogether at ports of loading and discharging. 104 16.1 As with laytime, the Lloyd’s Shipping Law Library contains a specialist work on demurrage,1 to which reference should be made for a full treatment of the subject. General 16.2 If the vessel is detained in loading or discharging beyond the agreed laytime, the charterer is in breach of charter and the suggestion to the contrary implicit in the word “allowed” does not alter this analysis. The charterer’s liability may sound in damages at large or, where a demurrage rate is agreed, in demurrage, which is liquidated damages for that breach. Viscount Finlay stated the principle in William Alexander v. Akt. Hansa 2: “If the charterer has agreed to load or unload within a fixed period of time … he is answerable for the non-performance of that engagement, whatever the nature of the impediments, unless they are covered by exceptions in the charterparty or arise through the fault of the shipowner or those for whom he is responsible.” The liability is absolute, subject to the two matters mentioned by Lord Finlay, and not dependent upon fault on the part of the charterer. This is so even where the Hague Rules are incorporated, Article IV rule 3 of which provides that: “The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault, or neglect of the shipper, his agent or servants”.3 Even where a clause does specifically require delay due to “charterer’s fault” in order to trigger the liability to pay demurrage, it seems that the mere fact of the laytime being exceeded is a sufficient fault, in the sense of breach of contract, by the charterer.4 Exceptions clauses—“once on demurrage always on demurrage” 16.3 Exceptions clauses must be cl