Claims clause covers more than demurrage
After the conclusion of a voyage, various owner’s claims were submitted by the shipbroker to the charterers within the time allowed (including the costs of shifting, cleaning and demurrage). However the owners separately sent the shipbroker a claim for loss of hire. This was for an amount of USD 31,500 but this was not sent to the charterers within the 90 days. The charterparty was subject to US law and the time bar clause was wide enough to cover all “charges and claims”. The charterers refused the claim on the basis of the time bar.
The shipbroker paid the claim and was reimbursed by ITIC.
Shipbroker members have commented that it is common to receive claims for items such as loss of hire and war risks insurance separately from the demurrage claim. It is important that care is taken to ensure that ALL these claims are passed on in time.