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33. Time continuing Provision: At each discharge port, even if at second discharge port vessel arrives on demurrage, time to count 24 hours after Notice of Readiness is served on arrival of the vessel within port limits at each port of discharge and whether in berth or not and in free pratique and ready in all respects to discharge the cargo. If turn time of 24 hours expires on Saturday afternoon, laytime will commence at 08:00 hours on first working day.

38. In the event of breakdown of gears/cranes and other equipment of the vessel by reason of disablement or insufficient power, etc. the period of such inefficiency shall not count as laytime.

41. Charterers guarantee to discharge the cargo at the following rates For Geared Panamax Vizag/Paradip - 10000 tonnes PWWD SHINC, Haldia - 12000 tonnes PWWD SHINC bss minimum 4 x 25 tons cranes and 4 x 10 CBM grabs with discharge capability 10,000 mt per day - prefer higher capacity cranes/grabs with higher discharge capability - SHINC provision to be applicable after commencement of laytime.

43. Demurrage/Despatch rate at load/discharge ports shall be Rs.20,00,000/10,00,000 (Rupees twenty lakhs only/Rupees ten lakhs only) per day or prorata. Despatch at the load/discharge ports shall be calculated on the basis of "working time saved."

Laytime allowed for loading and discharging to be non-reversible.

44. Freight shall be paid at the rate of Rs.2153/- (Rupees two thousand one hundred fifty three only) per MT FIO trimmed basis one port load/one port discharge load rate 20000 MT-ex Haypoint only, less Rs.20/- (Rupees twenty) per Metric Ton if loadrate 40000 MT.

13. Clause 33 in the present case is an instance of a port charter where laytime begins when the NOR is tendered when the vessel enters the port area before she actually berths. The service of the NOR (and not necessarily its acceptance) is relevant for the commencement of the lay time. In terms of Clause 33, lay time would commence 24 hours after the NOR is served. In the decision reported Lloyd's Maritime Law Newsletter ('LMLN') 1/92 a distinction was drawn between 'serving' an NOR on the charterer and its 'acceptance' by the charterer. Clause 33 only provides for the NOR having to be served on the charterer. The admitted position in the present case was that the vessel arrived at Vizag on 5th February 2008 and served the NOR on the same day at 0930 hours.