Commencement of laytime when vessel tender's NOR from previous berth working for other charterer

Question

Vessel tendered NOR upon arrival port and worked other Charterers' cargo. Upon completion of other charterers' cargo, vessel tendered NOR on hose disconnection at previous berth. After tendering NOR, vessel was engaged at previous berth for about 5.50 hrs and then shifted to anchorage (shifting time 3.60 hrs)  and awaited berthing.

Owner's have shown laytime commence from NOR + 6 hrs and time for shifting to anchorage has also being counted as laytime.

Can owner's laytime calculation be deemed valid?

Shouldn't laytime commence from anchored time + 6 hours when the vessel actually was at disposal to work charterers' cargo?

Whether the shifting to anchorage time be considered as laytime in this case?

Answer 1

For what I understand, when she presented the second NOR she wasn't really ready, so that second NOR can be argued as non-valid.

A few questions. You say:

After tendering NOR, vessel was engaged at previous berth for about 5.50 hrs and then shifted to anchorage (shifting time 3.60 hrs)  and awaited berthing.

Was the second cargo going to be loaded at the same berth as the first one ?

What was the reason for being "engaded at previous berth"? Was it your fault ?

If the answer to both is no, then our understanding for what we read is that NOR should have been tendered upon shifting anchorage, not before.

Answer 2

If previous berth can be considered as a "fixed position in port, laytime can be counted as NOR + 6.

The importation question to consider is what the Vessel did in the 5 hours 50 minutes. That determines if the vessel has tendered a valid NOR.

Comments

So, it means that the Captain Diary is valid doc what vsl did in 5 h 50 min. Or not?