Incoterms and delivery

    What is demurrage?

    Quick answer

    A daily charge payable when loading or discharging takes longer than the agreed laytime. On bulk cargoes it can move the economics of a shipment materially, which is why laytime terms belong in the contract, not the covering email.

    Key points

    • Liquidated damages for detaining the vessel, not a penalty.
    • Accrues by the hour once laytime is exhausted.
    • Most disputes turn on when laytime started and what interrupted it.

    At a glance

    What it isDaily charge for exceeding laytime
    Paid byCharterer to shipowner
    Pro-ratedBy the hour
    OppositeDespatch, usually half the demurrage rate
    Common flashpointsNotice of readiness, berth availability, weather working days

    How demurrage arises

    A charter party allows a fixed amount of time — laytime — for loading and discharging. If operations take longer, the charterer pays the shipowner demurrage at an agreed daily rate, pro-rated by the hour.

    It is not a penalty. It is liquidated damages for detaining the vessel, which is why it is generally enforceable without proof of actual loss.

    What it costs

    Rates track the freight market and vessel size. On a Supramax or Panamax bulk carrier, demurrage running for several days can consume the margin on a marginal cargo entirely, which is why laytime terms deserve as much attention as price.

    The mirror image is despatch, a payment from owner to charterer for finishing early — usually at half the demurrage rate, and often waived on commodity fixtures.

    Where the disputes are

    Almost all demurrage disputes turn on when laytime started and whether it was interrupted. Notice of readiness, berth availability, weather working days and the treatment of Sundays and holidays are the recurring flashpoints.

    The practical defence is precision: define laytime in hours, state exactly what suspends it, and agree the notice-of-readiness mechanics before the vessel sails rather than while it waits.

    Frequently asked questions

    What is demurrage in shipping?
    A daily charge the charterer pays the shipowner when loading or discharging exceeds the agreed laytime. It compensates the owner for the vessel being detained.
    Who pays demurrage, the buyer or the seller?
    Whoever bears the laytime obligation at that end of the voyage under the sale contract. Under FOB the seller normally controls loading and the buyer the discharge, but the contract governs — the Incoterm alone does not settle it.
    What is the difference between demurrage and detention?
    Demurrage relates to time at the berth or port beyond laytime. Detention generally refers to keeping equipment — typically containers — beyond the free period outside the terminal.

    Related terms

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