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Our Ref: 93/6/1
To: Ship Broker Members
In recent months the Managers have become concerned about the increasing number of claims on brokers arising from the submission of demurrage statements to charterers outside the charterparty time bar. Such claims sometimes arise as a result of a failure by the broker to establish proper procedures, or by failing to follow those procedures which have been set up.
We therefore recommend that brokers carefully review their procedures for passing on demurrage statements to ensure that their system is as fool-proof as possible. In order to assist with the review of Members' procedures, we are attaching suggested guidelines.
If Members require any further assistance or would like to discuss this matter with the Managers, please contact the Club.
ITIM & Co. Ltd, Managers
International Transport Intermediaries Club Ltd.
ITIC recommended Procedures for dealing with Demurrage Statements in Charterparties that incorporate a Time Bar Clause
A. Procedure prior to the submission of Demurrage Statements
B. Procedure when claim(s) received from owners prior to expiry of time bar
NAME OF SHIP:
We would remind you that this charterparty contains a time bar clause which will become effective when
the ship completes discharge
the bills of lading are signed
We trust that owners will present all claims in good time and in accordance with the terms of the charterparty.
Should you submit any claims to charterers through us, it is most important that such claims reach us in sufficient time to enable us to send them on to charterers before the expiry of any time limit.
Should you forward any claims direct to charterers yourselves we would appreciate your advising us of this and sending us a copy of your claim.
delete as appropriate
NAME OF SHIP:
We have today received your claim for demurrage under charterparty dated ................... We would respectfully point out that our calculations show the time bar under this charterparty expires on .................(day).
Accordingly, while we shall immediately forward this claim to charterers, we cannot ensure its receipt by them within the time allowed if it is sent by recorded post. Would you please therefore contact ...................immediately to confirm your acceptance of the position and to discuss possible alternative means of submitting your claim?
Are you covered for unforeseen events?