Answer the following questions using the facts and fact pattern and write your conclusions in the form of a legal letter sent by the legal department of Ankara to the vessel’s owners, outlining your company’s position and detailing your calculations: 
The questions:
1.	 If the time used to shift the vessel from first berth into the second (1st - when purging the tanks, 2nd - when loading the cargo) will count as laytime. What is the correct starting time for computation of laytime? 
2.	Should the time spent waiting due to weather conditions will count as used laytime?
3.	What was the starting time at discharge port, whether it was when the vessel was all-fast, or when notice of readiness was tendered?
4. If demurrage is owed and, if so, in what amount.

Fact Pattern:
Ankara, a Dutch chemical company, is the voyage charterer of a vessel (the M/V Amsterdam) carrying a cargo of Glycol (a chemical used in cooling systems) from Botlek (Rotterdam), the Netherlands, to Lavera, France. The charterparty was made using the ASBATANKVOY form, agreeing upon a laycan of 12-15 November 2015.The vessel picked up the cargo in Rotterdam and then proceeded to discharge it in Lavera. The owners of the vessel claim that she conducted her cargo operations beyond the agreed upon laytime, and that charterers are therefore liable for demurrage. Ankara disputes this.

The facts: 
4.	Laytime Calculation and Berth Shifting:
o	Under the owners documents are found in the laytime statemen the following:
	Laycan: Agreed upon as 12-15 November 2015.
	Laytime: 74 hours and 00 minutes SHINC
	Statement of laytime/demurrage the Laycan date is 12 until 15 November 2015 -> laytime 74 hours. 
	Statement of facts states: All fast on 15 November 2015 at 16:24. Pilot ordered for shifting to Botlek on 16th of November 2015 20:00. All fast at Botlek 16th of November 22:06. The hose disconnected 18 November 08:50
	Notice of readiness on port Rotterdam (loading port): notice tendered 15th of November at 23:59. Vessel laying at “STR” Berth
1.	18-nov-2014 06:37 LT – Loading completed
2.	18-nov-2014 08:38 LT – Commenced blowing
3.	18-nov-2014 08:50 LT – Cargo arm disconnected
	Note of protest in Rotterdam: States delays during loading of glycol. It states that the Ankara will be held responsable for any/al costs incurred due to and notwithstanding the above (the delayment during loading of Glycol) 
	Nomination writes under special provision: “If navigation prohibited at load/discharge then time lost due to same not to count as laytime, even if on demurrage.”
o	The critical issue is whether the time spent shifting the vessel from the first berth (purging tanks) to the second berth (loading cargo) should count as laytime. 
	In the ASBATANKVOY contract it clauses states: 
-	9. SAFE BERTHING - SHIFTING. The vessel shall load and discharge at any safe place or wharf, or alongside vessels or lighters reachable on her arrival, which shall be designated and procured by the Charterer, provided the Vessel can proceed thereto, lie at, and depart therefrom always safely afloat, any lighterage being at the expense, risk and peril of the Charterer. The Charterer shall have the right of shifting the Vessel at ports of loading and/or discharge from one safe berth to another on payment of all towage and pilotage shifting to next berth, charges for running lines on arrival at and leaving that berth, additional agency charges and expense, customs overtime and fees, and any other extra port charges or port expenses incurred by reason of using more than one berth. Time consumed on account of shifting shall count as used laytime except as otherwise provided in Clause 15. 
-	10. PUMPING IN AND OUT. The cargo shall be pumped into the Vessel at the expense, risk and peril of the Charterer, and shall be pumped out of the Vessel at the expense of the Vessel, but at the risk and peril of the Vessel only so far as the Vessel's permanent hose connections, where delivery of the cargo shall be taken by the Charterer or its consignee. If required by Charterer, Vessel after discharging is to clear shore pipe lines of cargo by pumping water through them and time consumed for this purpose shall apply against allowed laytime. The Vessel shall supply her pumps and the necessary power for discharging in all ports, as well as necessary hands. However, should the Vessel be prevented from supplying such power by reason of regulations prohibiting fires on board, the Charterer or consignee shall supply, at its expense, all power necessary for discharging as well as loading, but the Owner shall pay for power supplied to the Vessel for other purposes. If cargo is loaded from lighters, the Vessel shall furnish steam at Charterer's expense for pumping cargo into its Vessel, if requested by the Charterer, providing the Vessel has facilities for generating steam and is permitted to have fires on board. All overtime of officers and crew incurred in loading and/or discharging shall be for account of the Vessel. 
-	11. HOSES: MOORING AT SEA TERMINALS. Hoses for loading and discharging shall be furnished by the Charterer and shall be connected and disconnected by the Charterer, or, at the option of the Owner, by the Owner at the Charterer's risk and expense. Laytime shall continue until the hoses have been disconnected. When Vessel loads or discharges at a sea terminal, the Vessel shall be properly equipped at Owner's expense for loading or discharging at such place, including suitable ground tackle, mooring lines and equipment for handling submarine hoses. 
-	17. (a). QUARANTINE. Should the Charterer send the Vessel to any port or place where a quarantine exists, any delay thereby caused to the Vessel shall count as used laytime; but should the quarantine not be declared until the Vessel is on passage to such port, the Charterer shall not be liable for any resulting delay.
(b) FUMIGATION. If the Vessel, prior to or after entering upon this Charter, has docked or docks at any wharf which is not rat-free or stegomyia-free, she shall, before proceeding to a rat-free or stegomyia-free wharf, be fumigated by the Owner at his expense, except that if the Charterer ordered the Vessel to an infected wharf the Charterer shall bear the expense of fumigation.
-	18. CLEANING. The Owner shall clean the tanks, pipes and pumps of the Vessel to the satisfaction of the Charterer's Inspector. The Vessel shall not be responsible for any admixture if more than one quality of oil is shipped, nor for leakage, contamination or deterioration in quality of the cargo unless the admixture, leakage, contamination or deterioration results from (a) unseaworthiness existing at the time of loading or at the inception of the voyage which was discoverable by the exercise of due diligence, or (b) error or fault of the servants of the
-	Owner in the loading, care or discharge of the cargo.
-	5. LAYDAYS. Laytime shall not commence before the date stipulated in Part I, except with the Charterer's sanction. Should the Vessel not be ready to load by 4:00 o'clock P.M. (local time) on the cancelling date stipulated in Part I, the Charterer shall have the option of cancelling this Charter by giving Owner notice of such cancellation within twenty-four (24) hours after such cancellation date; otherwise, this Charter to remain in full force and effect. 
-	6. NOTICE OF READINESS. Upon arrival at customary anchorage at each port of loading or discharge, the Master or his agent shall give the Charterer or his agent notice by letter, telegraph, wireless or telephone that the Vessel is ready to load or discharge cargo, berth or no berth, and laytime, as hereinafter provided, shall commence upon the expiration of six (6) hours after receipt of such notice, or upon the Vessel's arrival in berth (i.e., finished mooring when at a sealoading or discharging terminal and all fast when loading or discharging alongside a wharf), whichever first occurs. However, where delay is caused to Vessel getting into berth after giving notice or readiness for any reason over which Charterer has no control, such delay shall not count as used laytime.”
-	7. HOURS FOR LOADING AND DlSCHARGlNG. The number of running hours specified as laytime in Part I shall be permitted the Charterer as laytime for loading and discharging cargo; but any delay due to the Vessel's condition or breakdown or inability of the Vessel's facilities to load or discharge cargo within the time allowed shall not count as used laytime. If regulations of the Owner or port authorities prohibit loading or discharging of the cargo at night, time so lost shall not count as used laytime; if the Charterer, shipper or consignee prohibits loading or discharging at night, time so lost shall count as used laytime. Time consumed by the vessel in moving from loading or discharge port anchorage to her loading or discharge berth, discharging ballast water or slops, will not count as used laytime. 
-	15. TWO OR MORE PORTS COUNTING AS ONE. To the extent that the freight rate standard of reference specified in Part I F hereof provides for special groupings or combinations of ports or terminals, any two or more ports or terminals within each such grouping or combination shall count as one port for purposes of calculating freight and demurrage only, subject to the following conditions: (a)  Charterer shall pay freight at the highest rate payable under Part I F hereof for a voyage between the loading and discharge ports used by Charterer. (b)  All charges normally incurred by reason of using more than one berth shall be for Charterer's account as provided in Clause 9 hereof. (c)  Time consumed shifting between the ports or terminals within the particular grouping or combination shall not count as used laytime. (d)  Time consumed shifting between berths within one of the ports or terminals of the particular grouping or combination shall count as used laytime. 



	Surveyor Report and time log: Compare the surveyor’s findings with the owner’s calculation. If the surveyor confirms the time spent shifting berths, it strengthens our position.
1.	Loading (Rotterdam) Techno surveyors’ states: Hose connected at 02.45 on 16th of November and All fast at 22:06 on 16th of November.
2.	Under Techno surveyors’ the Discharge (Lavera) time log: all fast at 15:12 on the 28th of November 2015

5.	Weather-Related Delays:
o	The time spent waiting due to adverse weather conditions is another consideration. 
	Contractual Provisions: Review the charterparty for any provisions regarding weather-related delays. If laytime is suspended during such delays, it would not count against us.
-	Sub ficture ‘vessel nomination’ issues in the Clause “Charterparty/Rider clauses/special provision)” the following: “Conoco weather clause: Delays in berthing for loading or discharging and any delays after berthing, which are due to the weather conditions, shall count as one-half laytime or if on demurrage, at one-half demurrage rate.” 
-	In the ASBATANKVOY contract it states:14. (a). ICE. In case port of loading or discharge should be inaccessible owing to ice, the Vessel shall direct her course according to Master's judgment, notifying by telegraph or radio, if available, the Charterers, shipper or consignee, who is bound to telegraph or radio orders for another port, which is free from ice and where there are facilities for the loading or reception of the cargo in bulk. The whole of the time occupied from the time the Vessel is diverted by reason of the ice until her arrival at an ice-free port of loading or discharge, as the case may be, shall be paid for by the Charterer at the demurrage rate stipulated in Part I.”

	Surveyor Report: Verify whether the surveyor acknowledges weather-related delays and adjusts laytime accordingly.
1.	Loading (Rotterdam) Techno surveyors’ states: Hose connected at 02.45 on 16th of November and All fast at 22:06 on 16th of November
2.	Laytime/demurrage statement states: The time starts after tank preparations at 23:59 15 November 2015 and the time stops at 19:10 after waiting for weather improvement. -> weather delay 17 hours and 1 minute

6.	Starting Time at Discharge Port:
o	The starting time for laytime at the discharge port is crucial. 
	All-Fast vs. Notice of Readiness: Determine whether laytime begins when the vessel is all-fast or when notice of readiness is tendered.
-	In the documents of the owner it states that under: 
1.	Statement of facts under port of Lavera (discharge port) from the Agency. All fast berthed all fast was 28th of November 2015. Also under the paragrph arrival and sailing conditions. Under “bunkers”, On arrival H.S.F.O 76,900 MT and G.O 108,300 MT. On departure H.S.F.O 76,900 MT and G.O. 105,6 MT. Also, under “draft”, on arrival FORE 4,35M and AFT 6,20m and on departure FORE 3.50m and AFT 5.65m 
2.	Vessel nomination Rotterdam/Lavera states: under “cargo” “cargo quantity: charterers option to complete up to a full cargo of 4.270 mts.” 
3.	Notice of readiness from port Lavera: notice tendered at 28th of November 2015 -> port of destination.
4.	Note of protest in port Lavera: the owner of the ship protests and serve the right to extend, due to notwithstanding that the vessel was able to discharge cargo Glycol with maximal pressure 7 bar at ship’s maniform however discharing was restricted by terminal to 130 ml/h what resulted in average manifold pressure of 4.8 bar during the discharging. Therefore, the Master hold the receipt responsible for any/all costs incurred due to and notwithstanding the above. 
5.	Note of protest in port Lavera (second note): the owner of the ship protests and serve the right to extend, due to notwithstanding the delays during discharing of Glycol.
1.	28-nov-2014 16:40 LT – samples taken
2.	28-Nov-2014 23:15 LT – sample analysis passed
3.	29-nov-2014 00:00 LT – Commenced discharing
6.	Vessel nomination Rotterdam/Lavera states under “dates” “Laycan: 12/15 November 2015 Itinerary: Eta Rotterdam 13:11./am and Eta Lavera 22/24 November 2015”
7.	Under Techno surveyors’ the Discharge (Lavera) time log: all fast at 15:12 on the 28th of November 2015
	Charterparty Language: Examine the charterparty for specific provisions regarding discharge commencement.
-	In the ASBATANKVOY contract it states: 
-	6. NOTICE OF READINESS. Upon arrival at customary anchorage at each port of loading or discharge, the Master or his agent shall give the Charterer or his agent notice by letter, telegraph, wireless or telephone that the Vessel is ready to load or discharge cargo, berth or no berth, and laytime, as hereinafter provided, shall commence upon the expiration of six (6) hours after receipt of such notice, or upon the Vessel's arrival in berth (i.e., finished mooring when at a sealoading or discharging terminal and all fast when loading or discharging alongside a wharf), whichever first occurs. However, where delay is caused to Vessel getting into berth after giving notice or readiness for any reason over which Charterer has no control, such delay shall not count as used laytime.”
-	7. HOURS FOR LOADING AND DlSCHARGlNG. The number of running hours specified as laytime in Part I shall be permitted the Charterer as laytime for loading and discharging cargo; but any delay due to the Vessel's condition or breakdown or inability of the Vessel's facilities to load or discharge cargo within the time allowed shall not count as used laytime. If regulations of the Owner or port authorities prohibit loading or discharging of the cargo at night, time so lost shall not count as used laytime; if the Charterer, shipper or consignee prohibits loading or discharging at night, time so lost shall count as used laytime. Time consumed by the vessel in moving from loading or discharge port anchorage to her loading or discharge berth, discharging ballast water or slops, will not count as used laytime. 
-	16. GENERAL CARGO. The Charterer shall not be permitted to ship any packaged goods or non-liquid bulk cargo of any description; the cargo the Vessel is to load under this Charter is to consist only of liquid bulk cargo as specified in Clause I.
-	1. WARRANTY - VOYAGE - CARGO. The vessel, classed as specified in Part I hereof, and to be so maintained during the currency of this Charter, shall, with all convenient dispatch, proceed as ordered to Loading Port(s) named in accordance with Clause 4 hereof, or so near thereunto as she may safely get (always afloat), and being seaworthy, and having all pipes, pumps and heater coils in good working order, and being in every respect fitted for the voyage, so far as the foregoing conditions can be attained by the exercise of due diligence, perils of the sea and any other cause of whatsoever kind beyond the Owner's and/or Master's control excepted, shall load (always afloat), from the factors of the Charterer a full and complete cargo of petroleum and/or its products in bulk, not exceeding what she can reasonably stow and carry over and above her bunker fuel, consumable stores, boiler feed, culinary and drinking water, and complement and their effects (sufficient space to be left in the tanks to provide for the expansion of the cargo), and being so loaded shall forthwith proceed, as ordered on signing Bills of Lading, direct to the Discharging Port(s), or so near thereunto as she may safely get (always afloat), and deliver said cargo. If heating of the cargo is requested by the Charterer, the Owner shall exercise due diligence to maintain the temperatures requested.”

Calculation of Demurrage: Based on the above analysis, we propose the following calculation:
1.	Laytime used for cargo operations (excluding berth shifting and weather delays): [Insert hours]. 
1.	Total laytime 100 hours in loading port Rotterdam. Allowed laytime is 74 hours. Therefore, a demurrage of 26 hours and 9 minutes. Time starts 23:59 on the 15th of November 2015 and time stops 19:10 on the 19th of November 2015. 
2.	Discharge port Lavera 28 hours and 8 minutes. Time starts 15:12 28th of November 2015 and time stops at 17:20 on the 29th of November 2015. 
2.	Demurrage rate per day: [Insert agreed rate]. (9.500 pd/pr) 
3.	Total demurrage owed: Demurrage = Laytime Used×Demurrage Rate (26 hours and 15 minutes x9500)
Documents: 
-	Demurrage document statement:  Time used 91 hours and 11 minutes. Weather delay: 17 hours. Without weather delay total hours: 74 hours and 1 minute. Total laytime 100 hours. Allowed laytime is 74 hours. Therefore, a demurrage of 26 hours and 9 minutes
o	The vessel nomination states: “74 hrs total shinc reversible 6 hour’s notice each port, even if vessel already on demurrage upon arrival discharge port Agents: Owners Agents load port/ Dischport – but as per approved agents list for Lavera”
-	* ASBATANKVOY contract States: 
o	“8. DEMURRAGE. Charterer shall pay demurrage per running hour and pro rata for a part thereof at the rate specified in Part I for all time that loading and discharging and used laytime as elsewhere herein provided exceeds the allowed laytime elsewhere herein specified. If, however, demurrage shall be incurred at ports of loading and/or discharge by reason of fire, explosion, storm or by a strike, lockout, stoppage or restraint of labor or by breakdown of machinery or equipment in or about the plant of the Charterer, supplier, shipper or consignee of the cargo, the rate of demurrage shall be reduced one-half of the amount stated in Part I per running hour or pro rata for part of an hour for demurrage so incurred. The Charterer shall not be liable for any demurrage for delay caused by strike, lockout, stoppage or restraint of labor for Master, officers and crew of the Vessel or tugboat or pilots. 
o	19. GENERAL EXCEPTIONS CLAUSE. The Vessel, her Master and Owner shall not, unless otherwise in this Charter expressly provided, be responsible for any loss or damage, or delay or failure in performing hereunder, arising or resulting from:- any act, neglect, default or barratry of the Master, pilots, mariners or other servants of the Owner in the navigation or management of the Vessel; fire, unless caused by the personal design or neglect of the Owner; collision, stranding or peril, danger or accident of the sea or other navigable waters; saving or attempting to save life or property; wastage in weight or bulk, or any other loss or damage arising from inherent defect, quality or vice of the cargo; any act or omission of the Charterer or Owner, shipper or consignee of the cargo, their agents or representatives; insufficiency of packing; insufficiency or inadequacy or marks; explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, equipment or machinery; unseaworthiness of the Vessel unless caused by want of due diligence on the part of the Owner to make the Vessel seaworthy or to have her properly manned, equipped and supplied; or from any other cause of whatsoever kind arising without the actual fault of privity of the Owner. And neither the Vessel nor Master or owner, nor the Charterer, shall, unless otherwise in this Charter expressly provided, be responsible for any loss of damage or delay or failure in performing hereunder, arising or resulting from:- Act of God; act of war; perils of the seas; act of public enemies, pirates or assailing thieves; arrest or restraint of princes, rulers or people; or seizure under legal process provided bond is promptly furnished to release the Vessel or cargo; strike or lockout or stoppage or restraint of labor from whatever cause, either partial or general; or riot or civil commotion. 
o	20. (ii) JASON CLAUSE. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Owner is not responsible, by statute, contract or otherwise, the cargo shippers, consignees or owners of the cargo shall contribute with the Owner in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving ship is owned or operated by the Owner, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the Owner or his agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the cargo to the carrier before delivery. 
o	21. LIEN. The Owner shall have an absolute lien on the cargo for all freight, deadfreight, demurrage and costs, including attorney fees, of recovering the same, which lien shall continue after delivery of the cargo into the possession of the Charterer, or of the holders of any Bills of Lading covering the same or of any storageman.”