This means that the vessel must be both physically ready in that the holds are ready to receive the cargo and legally ready in that all documentation necessary to enable her to commence loading is in order. (2) The vessel is ready to load or discharge the cargo as the case may be. Similarly a WIPON ('whether in port or not') provision will enable the notice in certain circumstances to be tendered even if the vessel has not yet entered the port area. The most familiar is the WIBON ('whether in berth or not') provision which means that under a berth charterparty, if the berth is not immediately accessible, the notice of readiness may be given when the vessel is in the port in which the berth is situated. Various clauses in the charterparty may advance the time that the vessel may tender the notice even though she may not be at the specified destination. If, however, the charterparty is a port charterparty then the notice of readiness must be tendered when the vessel is in berth within the specified port or, if a berth is not available, when the vessel is within the port limits and at the waiting area where vessels usually wait for a berth. However, it can be said briefly that the specified destination will depend on the terms of the contract if the charterparty is a berth charterparty then the specified destination is the nominated berth or, if a berth has not been nominated, it will be the first available berth to which the vessel is ordered and the notice of readiness may be tendered at that place subject to the other conditions being satisfied. The question of whether the vessel is an 'arrived' one for the purposes of commencement of laytime has been the subject of much discussion and case law which is outside the scope of this article. (1) The vessel has arrived at the specified destination where the notice of readiness can be given. The notice of readiness is the notice to the charterer, shipper, receiver or other person as may be required under the charterparty that:

Where a notice is required then in the absence of an express provision to the contrary, this is required only at the first load port and not at the subsequent load ports or at the discharge port(s).Īt common law, the notice may be given orally or in writing. This is not satisfactory from the owners point of view as there is no assurance for them that laytime will commence at all. The burden of proof, however, is on the owners to show that laytime should start to run even though a notice of readiness was not given. If a notice is required but none is given then strictly, laytime will not start to run.Arbitrators may however, take a more commercial view and decide on the facts that the charterers were aware or ought to have been aware that the vessel was ready to load and knew that loading was taking place, and that therefore laytime should commence on loading. These have assisted in the development and clarification of this area of the law. The tender of a valid Notice of Readiness and the subsequent commencement of laytime has been a fertile area of debate in the English courts, this past year or so being no exception with the much commented cases of the 'PETR SCHMIDT' and the 'AGAMEMNON' being heard. If the notice is invalid, then in the absence of a waiver by charterers (on which see below) laytime will not commence at all, even if the charterers knew or ought to have known that the vessel was in all respects ready. Most voyage charterparties make the commencement of laytime conditional on the tender of a valid notice of readiness.

Berth vessel meaning