Laytime Exclusions Clause Samples
The Laytime Exclusions clause defines specific periods or circumstances during which laytime—the time allowed for loading or unloading a vessel—does not count towards the total laytime agreed in a shipping contract. Typically, this clause lists events such as weekends, public holidays, or adverse weather conditions when cargo operations are suspended, ensuring that these intervals are excluded from laytime calculations. By clearly outlining these exceptions, the clause helps prevent disputes over laytime usage and fairly allocates risk between the parties for delays outside their control.
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Laytime Exclusions. The following is a partial list of situations where time consumed berthing/loading and/or discharging shall not count as used laytime nor as time on demurrage for all Vessels:
(1) passage time of the delivery Vessel, including lightering Vessels, from the customary anchorages or other place of waiting, to the berth;
(2) any delay due to inability of the Vessel’s facilities to safely discharge or receive cargo within the time allowed;
(3) any time consumed in interruption of transfer operations due to the Vessel’s requiring separate and/or additional shore tank gauges for any reason. This would include interruption of transfer operations as a result of the Vessel Party requests for line fill checks by comparing intermediate Vessel and shore gauges;
(4) delay due to prohibition of Cargo transfer at any time by the Vessel, Vessel Party, or the owner/operator of the Vessel, or by governmental authorities, unless such prohibition is caused by Terminal’s failure to comply with applicable laws and regulations;
(5) delay associated with barges shifting in and out of berth when loading or discharging multiple barges;
(6) any delay caused by strike, lockout, stoppage or restraint of labor of the Master, officers and crew of the Vessel or pilots or other subcontractors under the Vessel Party’s control;
(7) failure of Vessel Party to have the required certificate of financial responsibility, or failure of Vessel to be in compliance with United States Coast Guard Regulations (or hold the necessary waiver if not in compliance), or failure to have other legally required documentation, including existing or renewal of Tank Vessel Exam;
(8) delay awaiting applicable U.S. Customs and Immigration clearance;
(9) any delay incurred for the Vessel’s account including, but not limited to, bunkering a Vessel, taking on or discharging ballast water, discharging slops or Vessel-generated wastes or cleaning Vessel compartments;
(10) after the Terminal notifies the Vessel to proceed in, or after disconnection of hoses or Vessel release, any delay in reaching or clearing the berth caused by conditions not reasonably within the Terminal’s control, including, but not limited to, weather delays (including but not limited to lightning, storm, wind, waves, swells and fog), channel blockage, or awaiting daylight, pilots, tugs and tide;
(11) any delay caused by the Vessel Party’s failure to comply with all financial and/or credit responsibilities of this Agreement.
(12) any delay caused by t...
Laytime Exclusions. Time shall not count as laytime or time on demurrage if lost:
(i) due to inability of the Vessel to safely discharge or receive Cargo within the time allowed;
(ii) due to the Vessel requiring separate and/or additional shore tank gauges for any reason or the Vessel’s failure to comply with terminal regulations, or interruption of transfer operations as a result of Buyer’s requests for line fill checks by comparing intermediate ship and shore gauges;
(iii) due to prohibition of Cargo transfer at any time by the Vessel, Buyer, the owner or operator of the Vessel or by port authorities, unless such prohibition is caused by Seller’s failure to comply with Applicable Law;
(iv) due to Buyer’s failure to have required documentation;
(v) while awaiting customs and immigration clearance;
(vi) due to strike, lockout, stoppage or restraint of labor of the master, officers and crew of the Vessel or towboat or pilots;
(vii) during any delay for which ▇▇▇▇▇, the Vessel, her master or crew is responsible, including any delays caused by any failure of the Vessel to meet the requirements of these GTCs or a Transaction;
(viii) during bunkering unless concurrent with operations;
(ix) in reaching a berth due to conditions not reasonably within Seller’s control, including weather delays, fog, channel blockage, or awaiting daylight, pilots, tugs and tide;
(x) on an inward passage from a lightering or waiting area to the customary anchorage or berth, and in shifting from the customary anchorage to the berth;
(xi) as a result of a boycott arising in connection with the business of the Vessel or Buyer, the terms or conditions of employment of the Vessel’s crew or agents, employment, trades, or cargoes of the Vessel;
(xii) due to restraint or interference in the Vessel’s operation by any Governmental Authority in connection with the ownership, registration, or obligations of Buyer or the Vessel, or in connection with stowaways or with smuggling or other prohibited activities of the Vessel’s crew or agents;
(xiii) due to Cargo contamination or damage caused by unseaworthiness of the Vessel or negligence of the Vessel or the Vessel’s crew or agents; or
(xiv) due to ▇▇▇▇▇▇’s unclean tanks, or inability to maintain heating or pumping warranties, or the need for Vessel repairs. If as a result of such causes and events the Vessel loses its turn to berth, laytime and demurrage shall be suspended until it reberths All Fast. If such causes or events occur while the Vessel is in berth, extra...
Laytime Exclusions. Any time consumed due to any of the following events will not be computed as Laytime, or, if in demurrage, as time on demurrage, even if any of such events occur after the expiration of Allowed Laytime (if applicable):
(a) time consumed by the Vessel in moving from port or anchorage to the relevant Dock, including waiting for tide, traffic (including any one-way traffic limitations imposed by the Houston Port Authority or other applicable Governmental Authority), mooring, tugs, pilots, survey and inspection or daylight;
(b) any delay due to the Vessel’s condition, breakdown, or any other causes attributable to, or for which any Customer Party, the Vessel, or its master or crew is responsible (including incompatibility with or between the Terminal and the Vessel and time consumed in making up connections to remedy such incompatibility, pollution or threat thereof, or any delay in bunkering the Vessel, taking on or discharging ballast water or discharging slops);
(c) time consumed for conditioning a Vessel’s tanks or to clear Enterprise’s shore pipelines or hoses of any unlike product for loading operations;
(d) any delay in loading due to prohibition of loading at any time by the Vessel, the owner or operator of the Vessel, or by any Governmental Authority, unless such prohibition is caused by Enterprise’s failure to comply with applicable Laws and Regulations;
(e) any delays due to the Vessel’s noncompliance with or violation of applicable operating or safety rules and/or regulations, including (i) federal or state laws, (ii) USCG and CBP regulations, (iii) the Port Procedures and other Terminal rules and regulations, (iv) any other Laws and Regulations, or (v) obligations to obtain or maintain required certificates and certifications;
(f) any delays awaiting USCG and CBP clearances, other required governmental or port clearances or other local administrative requirements, or free pratique, if applicable;
(g) any delay caused by strike, lockout, stoppage or restraint of labor of the master, officer or crew of the Vessel; or
(h) any delay caused by conditions not reasonably within Enterprise’s control, including weather, lightning, awaiting tide, Force Majeure, blockage or closure of channels (including blockages or closures due to fog, spills or accidents), maritime security restrictions, or port closures, port congestion, and other port restrictions and conditions, and the effects of any such port events, restrictions or conditions on the Houston Ship Cha...