Wall
- moli
- long time no see, and happy new year!
- littlegrass
- On this warm occasion, one of the most simple to you my friend: Happy Mid-Autumn Festival! I wonder whether my wishes can reach you. Let me drink a toast for my rriend with my best wishes.
- sweetapple
- haha, your figure is so interesting
- Sharer
- Hi~ Nice meeting you! Wish everything goes well with you in Beijing!
- minyingtao
- Thank you. And the same to you
- yaoyaocaoxiang
- have a good day!
- yyjjxx12345
- i add you as qq friend
- lumin
- I mistake " got a Christmas gift a moment" for " got a Christmas gift a woman". I thought: "wow!, That is cool!".
- yyjjxx12345
- DIGEST;THE ESSAY SET ABOUT FROM THE DISPUTATIONS OF THE KEY FACTORS AND THE NOTICEABLE TOPICS SUCH AS THE DELIVERY OF NOR,AND HOW CAN A NOR BE DELIVERY EFFECTIVELY. CITE THE LEGAL SYSTEM OF THE BRITAIN AND AMERICAN COUNTER OF THE THEORY OF THE LAYTIME AND THE LAWMAKING SPIRIT,INTEGRATE WITH THE CASES,TELL THE DETAILS OF THE TCT(TIME CHARTER TRIP)SERVICE AND THE LEGAL QUSETIONS MIGHT BE INVOLVED WITH THE LAYTIME
KEY TERMS; LAYTIME CALCULATION NOR
IF THE SHIPOWNER WANNA TO EXPLOIT THE UTMOST RANGE OF PROFITS, THAN HE MUST PERFORM HIS BEST TO LOW DOWN THE RUNNING COSTS OF THE SHIP IN A MAX DEGREE, TIME MIGHT BE IMPORTANT TO THE ACCOUNT, WHILST SOME TIME NOT EQUALLY IMPORTANT.BUT IT MEANS THE MONEY TO THE SHIPOWNERS.THE CORE CONTENT OF THE TCT IS THE CALCUATION OF THE LAYTIME, SO IT SEEMS TO BE MUCH MORE COMPLICATE AND IMPORTANT THAN WE CAN FORESEE.WHILST THE KEY FACTOR OF THE LAYTIME IS IF THE NOR HAVE DELIVER EFFECTIVELY, ONLY WHEN THE NOR HAS ALREADY HANDED OVER, THEN THE LAYTIME CAN BE CALCULATE ACCORDING TO THE REGUlATIONS, AND THE PROCESS ARE DIRECTLY RELATED WITH THE PROFITS OF THE RUNNING SHIP, AND ALSO HAVE THE STAKES TO THE BUYERS,SO IT IS IMPORTANT TO BOTH ACCOUNT AND SHIPOWNERS, AND THE ESSAY WILL DISCUSS THOSE HOT TOPICS
LAYTIME AND THE DELIVERY OF THE NOR
THERE ARE A FEW WORDS CAN SUMMARIZE THE LAWMAKING SPIRITS OF THE LAYTIME UNDER THE ANERICAN SYSTEMS. ON THE BEHALF OF THE SHIPOWNER, THE BUYERS MAKE GUARENTEE THAT BY ENSURE A SPECIAL PERIOD OF TIME OR A METHOD OF CALCULATION,ENSURE OF A RELIABLE PERIOD OF TIME, WHICH ALLOWED THE ACCOUNT TO LOADING OR DISCHARGING CARGOS, IF THE TIME IS OVERDUE,THEN THE BUYER SHOULD PAY A SUM OF DEMURRAGE, DUE TO THE SPECIFIC OF THE TCT, THE LAYTIME WAS FORMED,AMID THE TCT, THE LAYTIME IS UP TO THE NEGOTIATION OF THE BOTH SIDES,AFTER THE SHIP WAS READY,THE OWNER SHOULD TELL THE NEWS TO HIS AGENCE AT ONCE, FOR STRATING THE CALCULATION OF THE LAYTIME,THE GENTRAL PRINCIPLE IS THAT THE VESSEL MUST BE ARRIVED AND EQUIPED READY, BUT AT THE ACTUAL STATUS, THERE ARE LARGE DISPUTIONS ON HOW CAN A SHIP ARRIVED AND HOW CAN IT BE READY, DUE TO THE DIVERSIFY OF THE REGULATIONS OF THE VESSELS’ ARRIVE AND THE CONFUSION OF THE LEGAL SYSTEM AND THE CONGEST PORT AT THE CURRENT TIME, SHIPOWNERS WANNA TO MAINTAIN THEIR INTEREST THROUGH THE WIPON AND WIBON.BUT BOTH HAS IT’S DRAWBACKS AND LIMITATIONS, AND IT WILL BE METIONED IN THE ESSAY , THE PASSAGE WILL ALSO DISCUSS HOW CAN THE ROUTINE TASK BECOMING THE KEY FACTORS OF THE DELIVERY OF THE NOR,AND KNOW SOMETHING ABOUT WHY THE SHIPOWNER PREFER TO ADD THE TERMS WIFON AND WCCON IN TO CONTRACT
THE CONCEPT OF THE NOR
NOR REFERED TO ACCORDING TO THE CONTRACT OF THE SHIPPMENT, DELIVER THE NOTICE OF READINESS TO THE CARRIERS, BUYERS,SHIPPERS,AND OTHER RELATED PERSONS THAT TELL THE VESSEL HAD ARRIVED TO THE APPOINT BERTH OR PORT AND EQUIPMENT READY,THE NOR CAN BE DELIVER TO THE BUYERS AND OTHER RELEVANTS OR AGENT, BOTH THE WRITTEN FORM AND THE ORAL NOTIFY WILL BE ACCEPTED, BUT THERE IS AN EXCEPTION FOR THE SPECIAL RULES. IN 9/12/1987，AN LONDON DISPUTION WRITTEN DOWN A RARE CASE THAT DESCRIBED THE NOR WAS DELIVERED TO OTHER RELATED PERSON, RETHER THEN THE CARRIERS OR THE AGENCES, AND THE CARRIERS HAVEN’T APPOINT SUCH KIND OF AGENCE, AND THE CARRIER WAS NOT INDICT THEN,SO THE JUDGE MADE THE FINAL JUDGEMENT THAT THE NOR WAS DELIVERY TO THE AGENCE, WHICH BE DELIVERED EFFECTIVELY, AND THE CALCULATION WENT INSTANTLY AFTER THE DELIVERY OF THE NOR. ON THE OTHER HAND THE TCT CONTRACT ALSO EMBEDDED THE TERMS LIKE FOLLOWING:THE LAYTIME CALCULATION ALWAY BEGIN RIGHT AFTER IT DELVERED, IF THE VESSEL WAS GET READY A FEW MINUTES AFTER THE MIDNIGHT, THE CAPTAIN SHOULD HANDED NOR IN THE WORKING TIME OF NEXT MONDAY, AND THE START CALCULATION DATE SHOULD BE THE DAY NEXT,NOMALLY IN 8 O’CLOCK ON TUESDAY,IN CONTRAST,IF THE NOR BE HANDED A FEW MINUTES AHEAD OF THE MIDNIGHT AND PROCEDURE ALREADY,THE NEXT MONDAY WELL BE THE STRATING CALCULATION TIME, ONE WORKING DAY WELL BE SAVED
WHETHER IN BERTH OR NOT(WIBON)
THIS TERM TRANSFER THE BERTH CHARTER INTO THE PORT CHARTER,INSURE THAT UNDER THE CHARTER PARTY, ONCE THE SHIP ARRIVED AT THE PORT, THE NOR CAN BE HANDED INSTANTLY, AND THE LAYTIME CAN BE CALCULATE RIGHT AFTERWARD,IN 1972 AT THE CASE JOHANANA OLDERNDOFFJ, JUDGE ROSKILL POINTED OUT THAT THE TERM “WIBON” CAN BE UTILIZED TO TRANSFER THE BERTH PARTY INTO THE PORT PARTY,AND MADE SURE THAT ONCE THE VESSEL REACHED THE PORT, THE CALCULATION OF THE LAYTIME HAD BEGUN,RUNNING UNTILL THE END.SIMILARITY, BOTH IN THE CASE, THAT JUDGE BUCKLCY ONCE POINTED OUT THAT UNDER THAT BERTH CHARTER PARTY, ONLY A VESSEL ACTRALLY REACHED THE RIGHT BERTH CAN BE CALLED AN ARRIVED SHIP, WHISLT ADD THE TREM OF WIBON, THE LAYTIME CAN BE RUN BEGORE THE VESSEL FINALLY ARRIVED TO THE POINT BERTH, AND THE CALCULATION CAN BE TAKEN FOREWARD, BOTH OF THE TWO STORYS SHOWED THAT THE WIBON TREM ACCOUNTABLE TO TRANSFER THE BERTH PARTY INTO THE PORT PARTY, THE CONDITION SUCH AS WHETHER THE PORT IS CONGERST, OR IF THE BERTH CAN BE USED FREELY, OR OTHER FACTORS WILL NOT EQUALLY INTENSIFY.BUT IN THE SENTENCE OF THE CASE KYZIKON IN THE UPPER HOUSE IN 1989, THE JUDGE CANCALED THE FORMER POINT OF VIEW, AND GAVE THE TERM OF WIBON A NEW IDEA. IN THE CASE,THE VESSEL KYZIKON ARRIVED THE PORT CUSTON AT 12/7/1984 AT THE TIME 06:45, AND THE NOR WAS ALSO HANDED OVER IN TIME, BUT DUE TO THE HEAVY FOG, THE VESSEL COULD NOT GET INTO HER BERTH UNTIL 14:50 AT 12/20. FROM THE BEHALF OF THE SHOPOWNER, THEY INSISTED THAT THE LAYTIME SHOULD START CALCULATE SINCE THE VESSEL HAD ARRIVED TO THE PORT, THAT MEANT THE STARTING DATE WAS 12/7/1984, WHILST THE ACCOUNT THINK OTHERWISE, THEY ARGUED THAT IF THE VESSEL CANN’T GET INTO HER BERTH DUE TO THE UNCONTROLLABLE STATUS THAT BEYOUND THE ACCOUNT’S DESIRE, THEN THE WIBON CAN NOT PROTECT THE SHIPOWNER FROM THE RISK ANYMORE.AND THE JUDGE ONCE POINTED OUT THAT,WIBON IS JUST AN AB. FROM OF WHETHER IN BERTH( THE BERTH IS AVAIABLE) OR NOT (THE BERTH IS UNAVAIABLE) SO THE TERM WIBON IS MERELY APPLICABLE OF THE SITUATION THAT THE BERTH WAS UNAVAIABLE, AND THE TERM CAN NOT PROTECT THE INTEREST OF THE SHIPOWNER ENTIRETY, AND NEITHER A GOOD TERM FOR THE SHIPOWNERS,AND AT PRECTICE, THERE ARE SOME OTHER METHOD TO MAKE UP THIS
READY TO SHIPMET OR TO DISCHARGE
OF COURSE, THERE IS ALSO ANOTHER IMPORTANT RULE TO JUDGE WHETHER THE LAYTIME SHOULD BE CALCULATED,THAT IS WHETHER THE VESSEL IS EQUIPMENT READY, THE READY DEVELOPED OF TWO SIDES, THE READY OF JURAL AS WELL AS THE READY OF PHYSITAL,FOR THE JURAL, THE RELATED CREDENTIALS MUST BE READY, SUCH AS QUARANTINE AND OTHER SPECIAL CERTIFICATES, FOR PHYSITAL, SUCH AS THE HOLD AS WELL AS THE EQUIPMENT MUST BE SET IN THE RIGHT POSTION, AND THERE IS ONE OF THE INTERESTING CASE,, A CAPTAIN WANNA TO DISCHARGE A SHIPMENT OF CARGO, BUT THERE WAS A FEW CASES LOST IN THE TOP OF THE CARGO,AND TOKE THE WORKERS A FEW HOURS TO MOVE THEM AWAY, AND THEN THE SHIP WAS DELAYED, THE ACCOUNT’S POINT IS THAT THE SHIP IS NOT YET READY, AND THE LAYTIME WELL NOT STARTED CALCULATION,IT WAS TOKE A HUGE AFFERT TO SENTENCE THE CASES WAS SOME THING CAN NOT INFLUENCE THE START OF LAYTIME. BUT IF IT WAS NOT A FEW CASES, IS A FULL SHIPMENT OF CARGO, THE SHIPOWNER WILL BE MISERY
WHETHER IN FREE QRATICUE OR NOT (WIQON)
THE FREE QUARANTINE IS A ROUTINE TEST THAT MUST BE ACCOMPLISHED BEFORE THE SHIPMENT AND THE DELIVERY OF THE NOR, FOR THE NOMAL STATUS, IT IS JUST A ROUTINE TASK, FOR INSTANCE, A SHIP FINISHED HER TRIP AT 2/19 AT 1 O’CLOCK IN THE MORNING, AND ARRIVED AT A PORT, AND THE NOR WAS HANDED OVER AMID THAT DAY,AFTERWARDS, THE SHIP REACHED HER BRETH AT 13 O’CLOCK AT 2/24, AND READY TO TAKE THE FREE QUARANTINE AT 18 O’CLOCK, WHILST THE DISCHARGING TASK WOULD BE HOLD AT 21 O’CLOCK IN THE EVENING, IT CAN NOT MAKE ANY INFLUENCE TO THE STARTING OF CALCULATION OF THE LAYTIME IF MERELY DUE TO THE UNFINISH OF THE ROUTINE TASK,SINCE THE DOCUMENTS CAN BE GET READY AT ANYTIME ANYDAY,BUT SOMETIMES IT IS COINCIDE WITH THE CUSTOMER OF THE LOACL GOVERNMENT, SOME PORTS SUGGESTED THAT MERELY AFTER THE VESSEL HAD ACTUAL ARRIVED AND GET THE PROMISION OF THE LOCAL GOVERNMENT CAN IT TAKE THE FREE QUARANTINE, SO THAT IS WHY MANY SHIPOWNERS PREFER TO EMBED THE TERM WIQON FOR A PROTECTION,AND FOR SOME PARTICULAR NEED PORT, THE TERM CAN GUARANTEE START OF CALCULATE THE LAYTIME IN CASE OF THE UNAVAILABLE TO DO THE FREE QUARANTINE ONCE AFTER THE SHIP ARRIVED.OTHERWISE, THE LAYTIME STILL CAN NOT BE START WITH A LONG TIME OF WAITING. BUT IF THE VESSEL IS COME FROM THE MURRAIN AREA, THE FREE QUARANTINE WAS NOT A ROUTINE TASK ANY MORE. AND THERE IS ALSO ONE CASE, THE VESSEL CARRIED TWO PATINETS OF TYPHOID INTO THE PORT, AND THE GOVERNMENT GAVE THE STRICT ANTISEPSIS AND QRATCUE, AND THERE WERE 29 HOUR DELAY, ANOTHER STATUS, THE CONDITION IS MERELY SUITABLE FOR THE NOMAL LAW, SINCE THERE IS NO INFLUNCE OF THE FREEDOM OF THE CONTRACT, THE BUYER CAN EMBED A PERDETERMINE TERM, AND THEN THE ROUTINE TASK WAS NOT MORE EXSIT, SO IT IS DANGIOUS TO THE SHIPONWERS, SOME SMALL AFFAIRS WELL MOST LIKELY THE BE THE PERDETERMINE OF THE DELIVERY OF THE NOR
WHETHER CUSTOM'S CLEARED OR NOT(WCCON)
THE CUSTOM'S CLEARNESS IS AGAIN A IDLE FORMALITY JUST LIKE THE FREE QUARANTINE,JUST A CASE ONCE MENTIONED ABOUT, THE VESSEL PUERTO ROCCA REACHED HER ANCHORAGE MERCEY BAR AND HANDED OVER THE NOR TO THE ACCOUNT, BUT THE BUYER REFUSED TO START CALCULATE THE LAYTIME DUE TO THE UNFINISH OF THE CUSTOMER'S CLEARNESS. AND THE VESSEL CAN NOT GAIN THE CLEARNESS AT THE CURRENT PORT, AND IF THE CAPTAIN WANNA TO SUSTAIN THE EFFECTIVENESS OF THE NOR,HE MUST REHANDLE IT IN ANOTHER PLACE CALLED SEAFORTH DOCK, WHEN THE SECOND NOR WAS READY, 4 WHETHER WORKING DAY HAD PAST, FINALLY THE SENTENCE OF THE COURT ARE AS FOLLOW, ACTUALLY THE FIRST NOR WAS ALREADY RELIABLE ACCORDING TO THE REGULATIONS OF THE CHARTER PARTY, AFTER THE VESSEL ACTUALLY REACHED HER BERTH, THE CAPTAIN CAN HANDED THE NOR OVER DUE TO THE RELATED RULES, ABD THE CALCULATION OF THE LAYTIME CAN BE GO ON, BUT THE DIVERSIFY VARY FROM THE REGLATIONS OF THE DIFFERENT PORTS,AT SOME OF THE PORT IN THE WORLD,MERELY AFTER THE SHIP ACTUALLY IN THE ANCHORAGE CAN THE CALCULATION START,AND IN THIS CASE, THE JURAL READY WILL WAIT FOR A LONG TIME.AND IF THE CUSTOM’S CLEARED IS NOT JUST AN IDLE FORMALITY,AND THEN THE CALCULATION CAN NOT BE START,AND THE TOPIC BECOME INTENSE SHARPLY IN THE CASE 'SHACKLOFORD'
AND THAT CAN FULLY EXPLAIN WHY THE SHIPOWNER WANNA EMBODY THE TERM WCCON INTO ACCOUNT
IN SUMMARY, FACEING THE INTENSE OF THE PORT CONGESTION AT CURRENT TIME,BOTH THE PORT CHARTER PARTY AS WELL AS THE BERTH DHARTER PARTY HAD LOOSE THEIR JUSTIFY, AND THE REGULATION OF THE CALCULATION OF THE LAYTIME ARE FULL OF CONFUSION,SO THE SHIPOWNERS WANNA PROTECT THEIR INTEREST WITH THE TERMS LIKE WIBON AND WIPON, BUT BOTH TERMS HAS IT'S OWN LIMITIONS, THAT IS THEY WELL INSTANTLY LOSE THEIR EFFECTIVENESS ONCE THE UNRECAHABLE IS DUE TO THE SITUATION THAT BEYOND THE BUYERS' CONTROL.AND AT THE PRACTICE, THE RULE OF EACH PORT ARE DIVERSIFY,SO THE MOST SAFE WAY IS THE EMBODY THE TERM OF WCCON AND WIPON THE PROTECT THE OWNERS' INTEREST,AND IF THE LOCAL GOVERMENT ALLOW MERELY THE VESSEL WHICH TAKE THE FREE QUARANTINE START CALCULATION THE LAYTIME, THE SHIPPER MUST SUFFER A LOSE OF THE TIME OF WAITING BERTH AND THE TIME OF TAKING THE FREE QUARANTINE AND THE TIME OF TAKING THE CUSTOM CLEARED
SOME NOTABLE QUESTION OF ACCEPT THE NOR
UNDER THE NOMAL SITUATION,THE CALCULATION OF THE LAYTIME START IMMEDIATELY AFTER THE DELIVERY OF THE NOR, REGARDLESS WHETHER THE BUYER OR IT'S AGENCY ACCEPT OR NOT,EVEN IF THE CONTACT SAID THAT THE CALCULATION OF THE LAYTIME SHOULD START AFTER THE ACCEPTANCE OF THE BUYERS,IF THE OWNER HANDED AN EFFECTIVE NOR, THE CALCULATION SHOULD ALSO BE START,EVEN IF THE BUYER NEVER ACCEPT THE NOR, AND THAT IS THE BUYER IS VIOLATE OF LAW TO REFUSE THE ACCEPT THE NOR
- yyjjxx12345
- i scaned your blog, u are now seeking some articals for the news paper
i interpret my graduate paper in to english, might be can help you
- venus
- U are a good writer here. Geting more than 500 point in one months. I should learn from you and write more
- xajie
- minyingtao: Listen more and speak morewhy I cannot replay your comments
Practice makes perfect
You can find someone who has the same intention with you. Communicate with him/her in your dai
- xajie
- minyingtao: Listen more and speak morecan youPractice makes perfect
You can find someone who has the same intention with you. Communicate with him/her in your dai
- xajie
- minyingtao: Me toohow to improve my oral english
- xajie
- glad to meet you
- lumin
- Wish you happy, happier, happiest.
- Oldguypeter
- minyingtao: You are so considerable. I just find find out a moment ago. I thought it would be tomorrow
. But I just figure it out I'm wrongThen, happy Birthday again! Heihei!
- venus
- Happy birthday!
- Oldguypeter
- Happy Birthday - Little Boy!
