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CHARTER PARTIES

GENCON - Clause 6

Laytime

Statement of facts

At the end of the stay of the ship in the port the agent will make up the history with all data which are important for the Ship Owner and for the Charterer and that are related to the loading and the discharging of the ship. This historical state is called "statement of facts" or "port log" and serves as basis for the drawing up of the "time sheet" used for the calculation of the laytime and demurrage and possibly despatch money. The officer on board must record all information relating to the loading or discharging (working hours, interruptions of loading and/or discharging) in the ship's log book or in a special workbook.

Click on Statement of Facts to see blank Statement of Facts that is issued and published by BIMCO. This statement of facts comes in 2 forms, the short form and the long form. Many agents prefer to use their own forms (click here).

Time Sheet

For the calculation of the number of laydays it is necessary to draw up a time sheet, showing the following information:

1. Date and hour of arrival in the roads or in the port.


2. Date and hour of arrival in the loading or discharging place.


3. Date and hour on which the ship is ready in all respects to start loading or discharging, as stated in the "notice of readiness".


4. Date and hour on which the "notice of readiness" was tendered.


5. Date and hour on which the "notice of readiness" was accepted by Charterers, receivers or their agents.


6. Date and hour on which the loading/discharging really started and on which days and hours loading/discharging took place.


7. Date and hour on which, according to the charter, the laydays  started.


8. Loading and discharging speed according to charter party.


9. Statement of days, which could not be worked, e.g. Sundays and holidays, strike, weather conditions (if weather working days have been agreed) etc.


10. Statement of quantity loaded or discharged per day and of the total quantity loaded or discharged.


11. Statement of the time allowed for loading and discharging, based on points 8 and 10 above in accordance with the provisions of the charter party.


12. Date and hour on which the loading/discharging was terminated.

On the basis of this "time sheet", which must be signed by the master and the shippers/receivers, the number of laydays is determined and "demurrage/despatch money" is calculated, if the permitted period is exceeded, respectively if the ship was loaded or discharged within the allowed period and according to the charter party for the gained time despatch money is due.

It is important, that in the loading and discharging port an agreement is reached between the Charterers, receivers and the master concerning possible demurrage or despatch money.

If it would appear that this is not possible, then the master can sign the time sheet under protest and at the same time point out the differences of opinion. In case the master is not convinced, that the "time sheet" reflects the correct position, then he can sign the time sheet with the reserve "subject to Owners' approval", and leave it to the owner to come back on the contents of the time sheet (eventually with his lawyer).

Click on Time Sheet to see a standard Ttime Sheet" issued and published by BIMCO. This time sheet also comes in two forms, the short form and the long form. Here too a lot of agents use their own designs (click here to see our own design).