MV Demo · Constanta → Algeciras У роботіIn review Gencon 1994 English law

WITHOUT PREJUDICE 13 August 2024 Cargill Black Sea SA Attn: Demurrage / Post-Fixture Department Re: MV Demo Charterparty dated 22 March 2024 (Gencon 1994) Voyage Constanta → Algeciras Demurrage claim: USD 13,547.00 Dear Sirs, We act for Bulker Lines Ltd, the owners of the vessel MV Demo (the "Vessel"), in respect of the voyage performed under the above charterparty (the "CP"). This claim is presented within the 90-day time bar specified in clause 6(g) of the CP, completion of discharge having occurred at 02:15 LT on 8 June 2024. 1. The Voyage The Vessel loaded 25,000 MT of wheat in bulk at Constanta and discharged at Algeciras. Notice of Readiness was duly tendered at Algeciras on 3 June 2024 at 08:00 LT and accepted at 12:00 LT, after free pratique had been granted at 08:42 LT. 2. Laytime Pursuant to clause 6 of the CP, laytime allowed for discharge was 84 hours SHINC. The attached laytime statement (Schedule 1, generated by our deterministic calculation engine, version 0.1.0-alpha) shows laytime used of 122.25 hours, calculated from NOR acceptance at 12:00 LT on 3 June 2024 to completion of discharge at 02:15 LT on 8 June 2024, with no permissible deduction under the CP terms. The difference of 38.25 hours is therefore on demurrage. 3. Demurrage At the contractual rate of USD 8,500 per day pro rata (clause 7), 38.25 hours equals USD 13,546.88, rounded to USD 13,547.00. We note your earlier suggestion that NOR may have been tendered before the Vessel was "in free pratique". With respect, this contention does not arise on the facts: the SOF records WIBON status as of 08:00 LT and free pratique granted at 08:42 LT, both predating NOR acceptance at 12:00 LT. The CP terms WIBON/WIFPON at clause 6(c) are accordingly satisfied. See [VERIFY: The Mass Glory [2002] 2 Lloyd's Rep 244 — confirm cite via i-law]. 4. Demand We hereby formally demand payment of USD 13,547.00 within 14 days from the date of this letter, by wire transfer to the account specified in the attached owner's invoice. Failing payment, we reserve our client's rights to commence LMAA arbitration proceedings without further notice. 5. Reservation of Rights This letter is sent without prejudice to all of our client's rights and remedies, all of which are expressly reserved. Yours faithfully, [Senior Counsel — Interlegal] [awaiting senior approval] Attachment 1: Laytime calculation (engine trace, 122 entries) Attachment 2: Statement of Facts Attachment 3: Notice of Readiness