DETENTION & DEMAGES FOR DETENTION

If demurrage has not been agreed in the charter party, the ship-owner can claim compensation as damages for detention. A case where a ship-owner can claim damages for detention is when a vessel is chartered to load at a berth where the vessel must be always afloat. However the charterer directs the vessel to a berth where the vessel is not always afloat. Since it has been agreed in the C/P that NOR can be tendered and lay time to commence whether the vessel is in berth or not (wibon), the master refuses to comply with the berthing orders. The ship-owner in this case may not be able to put a claim for demurrage. However, he may be entitled to ?damages for detention?.