DEAD FREIGHT Clause Samples

DEAD FREIGHT. 26.1 The Customer shall be liable for the full cost of any services rendered and/or disbursements, expenses, damages, fines or penalties incurred by the Company in respect of: 26.1.1 any dead freight as a result of a booking cancelled by the Customer; or 26.1.2 Goods which are loaded on board a vessel, irrespective of whether the vessel sails or if the Goods are, or must be, transhipped.

DEAD FREIGHT. (a) The Buyer must pay the Seller any Dead Freight incurred by the Seller as a result of the Seller loading, at the Load Port: (i) a Vessel (other than the Iron Chieftain) with a quantity of Iron Ore less than that ▇▇▇▇▇▇’s Practical Loaded Capacity; or (ii) the Iron Chieftain with a quantity of Iron Ore less than the Practical Loaded Capacity of 46,500 WMT (or as otherwise agreed), (each a “Dead Freight Event”) provided always that that Dead Freight Event was materially caused or contributed to by the Buyer. (b) For the purposes of Clause 12.8(a), a Dead Freight Event is not materially caused or contributed to by the Buyer if (without limitation): (i) the Dead Freight Event occurs in respect of a voyage on the Iron Chieftain to Discharge Port where the Buyer has not elected to take delivery of Iron Ore greater than the Maximum Tonnage; or (ii) the Buyer has exercised its rights pursuant to Clause 6.4 of this Deed to suspend deliveries of Iron Ore or terminate this Deed; or (iii) either Party is unable, wholly or in part, to perform any of its obligations under this Deed due to an event of force majeure as defined in Clause 13; or (iv) Seller is unable to supply Iron Ore as a result of any of the events described in Clause 14.1. (c) The Seller is aware that it is likely that during the Term of this Deed that the Buyer will reline its No. 5 Blast Furnace and may undertake related work on ▇▇▇▇▇’s sinter plant (the Works) and may wish, in Buyer’s absolute discretion (but reasonably proportionally with the Buyer’s other iron ore fines suppliers), to reduce its level of purchases of Iron Ore from the Seller during or around that period of the Works. Seller acknowledges and agrees that any such reduction related to the Works is not a breach of this Deed and Buyer will not be liable to Seller for any cost, expense, loss (including loss of profits) or damage suffered by Seller as a result of Buyer reducing its level of purchases, but will be liable for Dead Freight that is not mitigated by Seller in accordance with this Deed. In the event that the Buyer does wish to so reduce its purchases the Seller will use its reasonable endeavours to mitigate the Dead Freight charges which would be payable by the Buyer to the Seller in respect of any Dead Freight Events during or around the Works period and will also liaise with the Buyer to assist the Seller in reducing Dead Freight. (d) For the avoidance of doubt, the Dead Freight charges for the Iron Chieftain (and any subs...

DEAD FREIGHT. The Owner/Master/Agents of the vessel nominated to Seller by Buyer shall declare the stowage plan to the Seller/their agents by e-mail/fax, prior to arrival of vessel at loading port. Once the stowage plan is declared, the Seller shall load Coal as per the quantity declared in the stowage plan. For any short quantity loaded, the Seller shall pay dead freight which shall be calculated by multiplying the short quantity by the freight of the vessel nominated to the Seller.

DEAD FREIGHT. This freight is payable by the charterer for failure to produce or load the agreed amount of cargo.