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All other requirements under the charter party concerning the form, timing and the party to whom the notice is to be tendered have been complied with.
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For example, if customs clearance is only obtainable on berthing but the notice can be tendered when the vessel is off berth then this will not affect the vessel’s readiness. If, however, the vessel is ready to subject only to a mere formality then the notice may still be able to be tendered.
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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. 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 are the WIBON (“whether in berth or not”) provision which means that under a berth charter party, 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 charter party may advance the time that the vessel may tender the notice even though she may not be at the specified destination. It can be said briefly that the specified destination will depend on the terms of the contract. 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 another person as may be required under the charter-party that: If the vessel becomes not ready, then NOR will be tendered when the vessel has corrected whatever was the cause of her not being ready to present NOR. The Notice Of Readiness (NOR) is always to be tendered in accordance with the terms of the Governing Charter Party. Unless otherwise advised, the NOR should be tendered to all parties as per voyage orders, stating that vessel is in all respects ready to load or discharge her cargo. “Laytime” is the term used to refer to the time allowed to the charterers to load/discharge cargo in return for payment of freight to the owners.In a case of invalid NOR, the vessel might not be considered as arrived ship and therefore all waiting time until berthing will be refuted in the demurrage claim. NOR is an extremely important document as it triggers the commencement of laytime. The Notice of Readiness (NOR) is the document used by the Ship Master, to notify his ship readiness, in every respect, to load and/or unload the goods during the period of his charter. ANNEX III – Technical Details of Sound Signal Appliances.ANNEX II – Additional Signals for Fishing Vessels Fishing in Close Proximity.Annex 1 – Positioning and technical details of lights and shapes.
#BERTH VESSEL MEANING VERIFICATION#
Part F – Verification of compliance with the provisions of the Convention.Rule 35 – Sound signals in restricted visibility.Rule 34 – Manoeuvring and warning signals.Rule 30 – Anchored vessels and vessels aground.Rule 28 – Vessels constrained by their draught.Rule 25 – Sailing vessels underway and vessels under oars.Rule 23 – Power-driven vessels underway.Rule 19 – Conduct of vessels in restricted visibility.Rule 18 – Responsibilities between vessels.