The effect of this clause is as follows: If the vessel cannot proceed to her berth because the berth is occupied by another vessel, laytime will start to run when the vessel starts to wait until the vessel stops waiting. (Loading time or discharging time should be read as “laytime”) Time lost in waiting for berth to count as loading or discharging time A clause which can be found in the standard Gencon 76 C/P is clause 6 a): Time lost in waiting for berth to count as loading or discharging time
With regard to the second exception, indeed the C/P frequently incorporates a provision (or more than one) by virtue of which liability for certain delays shifts from the owners to the charterers. The loss of time will probably fall outside the scope of laytime but instead will give rise to a claim for detention. For example charterers may be in breach of this obligation if the vessel has to wait for her turn because the cargo is not ready. With regard to the first exception, there is an implied obligation on charterers not to prevent the vessel from becoming an arrived ship.
This means that delays which a vessel may encounter prior berthing are for owners’ account, unless the delay has been caused by charterers or unless the C/P states something to the contrary. Under a Berth C/P the vessel has arrived at the specified destination when she is alongside the berth. In our previous service-letter the division of Voyage C/P’s into Port C/P’s and Berth C/P’s has been discussed.
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