Tolerancia de cantidad, laycan, demurrage y despatch

Why these terms matter

Bulk commodities are loaded by the shipload, and a ship cannot be loaded to an exact ton. Vessels also cost money every day they wait. Two simple questions, how much and by when, are therefore dressed in specialised words. If the words are vague, the parties end up in a claim.

Quantity and tolerance

A contract may say 10,000 metric tons, plus or minus 5 percent at seller's option. That means the seller can deliver anywhere between 9,500 and 10,500 tons and it still counts as full performance. The numbers here are only an example of the form. Real tolerances depend on the trade and the agreement.

• Say who has the option: seller, buyer or vessel master.
• Say what price applies to the extra or the shortfall: usually the contract price, sometimes the market price at that time.
• Say what counts as the final weight: the loading weight, the draft survey or the discharge weight.

How weight is measured

Bulk cargo is often measured by a draft survey, in which a surveyor reads the vessel's draft marks before and after loading and calculates the weight of cargo from the vessel's displacement. Other methods include weighbridges, belt scales and shore tank measurement for liquids. The contract names the method and says whether the result is binding, and an independent inspector normally performs it.

Laycan

Laycan stands for laydays and cancelling. It is a date range, for example 10 to 15 of a month. The vessel must arrive at the loading port and give notice of readiness within that window. If it arrives before the first date, the charterer is not obliged to load yet. If it arrives after the last date, the charterer may have a right to cancel. The rules are in the charter party for the vessel and echoed in the sales contract.

Make sure the laycan in the sales contract matches the shipment period promised to the buyer and the laycan negotiated with the shipowner. A mismatch between them is a classic source of loss.

Laytime

Laytime is the amount of time allowed for loading or discharging. It may be stated as a fixed number of days, or as a rate such as a number of tons per day. It starts to count after a valid notice of readiness and after any agreed period. The contract says which days count, for example whether Sundays and holidays are included, and whether time lost to bad weather counts.

Demurrage

If loading or discharging takes longer than the laytime allowed, the party responsible pays demurrage to the shipowner for the extra time, at a daily rate agreed in the charter. The cost can be high because it keeps running until the vessel is released. Typical causes of delay are cargo not ready, missing documents, port congestion, and slow discharge.

• Know the demurrage rate before you commit to a loading date.
• Know who pays at each port: the seller at loading and the buyer at discharge is a common split.
• Keep records of every notice, time and event, because the claim will be built from them.

Despatch

Despatch is the opposite of demurrage. If loading or discharging finishes before the laytime is used up, the shipowner may pay the charterer a reward for the time saved, often at half the demurrage rate. The contract states the rate or says there is none. It can be worth planning for, because quick work is a good habit regardless.

A checklist for the contract

• Quantity, tolerance, who has the option and which price applies.
• Method of weighing and whether the result is binding.
• Laycan dates and the cancelling right.
• Laytime length or rate, and which days count.
• Demurrage and despatch rates, and who pays at each port.
• How and when notice of readiness is given and accepted.
• Time limit for submitting a demurrage claim and the documents needed.

Estimating the cost

Tonport's deal tools include a demurrage estimator that starts counting when the vessel arrives, with free days and a daily rate you enter. It uses your numbers rather than live port data.

Preguntas frecuentes

What does plus or minus 5 percent mean in a contract?

It means the quantity delivered may vary within that range from the stated quantity and still be accepted. The contract should say who may choose within the range.

What happens if the vessel misses the laycan?

Usually the other party can cancel, or accept the vessel on new terms. The exact right depends on the charter party and the sales contract.

Who pays demurrage?

The party that is responsible for the delay under the contract, normally the seller at the loading port and the buyer at the discharge port, but the contract decides.

What is a notice of readiness?

It is a formal message from the vessel that it has arrived and is ready to load or discharge. Valid notice starts the laytime clock, subject to the contract terms.