Similarly, a clause WIPON ("whether in port or not") addresses the situation where a vessel is an arrived ship but cannot wait within port limits due to port congestion. In those circumstances, a shipowner will be entitled to tender NOR if the vessel has reached the usual waiting area for the port, irrespective if that area is outside port limits. The effect of the phrase is essentially to convert a "berth charter" into a "port charter". This transfers the general risk of congestion from the shipowner to the charterer. This exception only applies to cases where a berth is not available due to congestion and not to cases where a berth is available but is unreachable for other reasons such as bad weather. WIBON/WIPON: A charter will often contain additional clauses which vary the above position. For example, WIBON ("whether in berth or not") in a berth charter has the effect of allowing an NOR to be tendered prior to reaching the berth, as contractual destination, if the berth is unavailable due to congestion. However, the usual waiting place must be within port limits and, unless the charter expressly states otherwise, if the waiting place is outside the limits of the port, then NOR cannot be validly tendered. ( The Maratha Envoy 2 Lloyd's Rep 301 and The Arundel Castle 1 Lloyds Rep. The charterer will bear the cost of waiting for an available berth. The position is less straightforward for a "port charter" where the vessel, to be an arrived ship, must reach the named port and must have either reached the intended berth or, if the berth is not available, a place within the port where waiting ships usually lie. Once at that position the vessel must be at the " immediate and effective disposition of the charterer". ( The Johanna Oldendorff 2 Lloyd's Rep 285). 1264). Therefore, under a berth charter, the risk of congestion or other delays in berthing is generally allocated to the shipowner rather than the charterer. In the case of a "berth charter", the vessel will not be considered arrived until she reaches the load/discharge berth designated by the charterers within a named port. Until then, the vessel is still at the loading or carrying voyage stage, and no obligation lies upon the charterer to load or receive the cargo ( The Kyzikos A.C. This agreed destination will vary depending on whether the charterparty is a "berth charter" or a "port charter". The vessel must have arrived at the place within the port where NOR may be validly served as specified in the charterparty. Once these conditions have been met, the vessel is an "arrived ship" for the purposes of the contractual laytime/demurrage regime, and time will begin to run. We will consider each requirement in turn. Where required, the vessel must tender valid Notice of Readiness ("NOR") confirming the vessel's arrival and readiness.The vessel must be ready in all material respects and in a fit condition to load or discharge the cargo and.
The vessel must have arrived at the destination specified in the charter.In general terms, there are three conditions which need to be satisfied under most charterparties before laytime can commence. Therefore, this article is intended to be a brief overview of the main conditions that are generally required for laytime (or, if applicable, demurrage) to commence, together with references to the significant supporting case law underpinning the guiding principles. The subject of Commencement of Laytime is extensive.
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