Chartering terms query

1. Mr. Ranjit

   The effect of custom in charter parties is likely to be minimal, since for a custom to have any effect, it must be shown to be not inconsistent with any express terms of the charter and of course, most charters provide expressly when laytime is to commence.

   To prove any custom is difficult because it involves establishing that it is not only reasonable and certain, but invariably accepted by ships and merchants using the port concerned.

   The effect of a custom may be either to advance or delay when laytime commences for the vessel concerned.

   In a customary laytime charter, which is a port charter, the specified destination will be reached when, if vessel cannot proceed direct to a berth, anchors within the port limits at the usual anchorage for ships of that sort, so that vessel is at the immediate and effective disposition of the charterer.

   Reaching the specified destination in a customary laytime charter does not mean necessarily that the charterer is under an obligation to load or discharge the vessel forthwith or that any delay will count against him. However the charterer can be held liable for delays occurred if he fails to exercise due diligence.

   I am not aware about the facts of your case. I would recommend to look at the statement of the custom and practice of the port in question.

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