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Demurrage at Discharge: The Buyer Controls the Clock

At discharge ports, the buyer typically controls berthing, discharge rate, and documentation. When they slow down, demurrage accrues on the vessel owner's account.


The demurrage conversation in bulk commodity trade often focuses on the load port — vessel waiting for berth, cargo not ready, NOR timing disputes. The discharge port demurrage problem is structurally different and is less commonly understood: at the discharge end, the party who controls the loading and berthing decisions is the buyer, not the seller. The seller, in most CIF trades, has completed their delivery obligation by the time the vessel arrives at discharge. What happens next is the buyer's domain.

Yet demurrage at the discharge port is the seller's problem in specific structures, and the buyer's problem in others. Understanding who bears it requires reading the charterparty and the sale contract together — which most parties in a CIF trade have not done because they are different documents negotiated by different teams.

In FOB Sales, the Buyer Chartered the Vessel and Owns the Discharge Demurrage Problem

For FOB buyers who chartered their own vessel, the discharge situation is straightforward: the buyer chartered the vessel, the charterparty governs laytime at both load and discharge ports, and any discharge port demurrage is a cost the buyer bears as charterer. If the buyer's receiver at the discharge port is slow to berth the vessel, slow to discharge, or unable to receive cargo on schedule, the laytime at discharge consumes the buyer's allowance and demurrage accrues.

Buyers who do not communicate clearly with their discharge terminal about the vessel's arrival — who do not pre-arrange berth availability, unloading equipment, and storage — discover that the discharge terminal's scheduling is not automatically coordinated with the vessel's arrival. A vessel that arrives ahead of the terminal's expected slot will wait. Laytime runs.

For CIF sellers who arranged the freight, the discharge situation is different but can still produce seller-facing costs through a specific mechanism: if the CIF sale contract includes a provision under which the seller absorbs demurrage arising from causes attributable to the seller's side — including delays in producing final documents needed for cargo release — the seller can face discharge demurrage claims despite not controlling the discharge operation.

The Final Document Delay Problem

A common source of discharge demurrage attributed to sellers in CIF trades: delay in presenting the final set of original bills of lading to the buyer, which the buyer needs to present to the shipping line to take delivery of the cargo. If the vessel arrives at the discharge port before the original bills of lading have been released by the bank under the LC — because the LC presentation and examination period is still running, because there are document discrepancies being resolved, or because courier transit from the presenting bank has not been completed — the cargo cannot be released.

The vessel sits at the discharge berth or at anchorage, waiting for documents. Laytime runs. Demurrage accrues. In some CIF contracts, this demurrage is charged back to the seller if the cause is document-related delay on the seller's side. In others, the risk falls on the buyer as charterer.

The allocation of discharge demurrage between buyer and seller in CIF trades is a contractual question that is often poorly drafted — the sale contract says something about demurrage, the charterparty says something different, and neither document was drafted with the other in view. The gap between the two documents is where the demurrage dispute lives.

Industry estimates for discharge port demurrage in CIF commodity trades suggest that document-related delays — particularly in trades where the LC presentation period is tight relative to the vessel's transit time — are a material contributor to overall demurrage costs. The solution requires coordinating the LC presentation timeline, the vessel's expected arrival date, and the document courier arrangements so that original bills reach the buyer before the vessel reaches the discharge berth. This coordination requires commercial teams, shipping teams, and banking teams to communicate — which is less routine than it should be.