Clear day. This usually means that the day on which the Notice of Readiness is given and the day on which the notice period expires are not included in the notice period. In this situation the expression refers only to the notice period.
For example, a charterparty may provide that a number of “clear days notice” of the vessel’s expected date of readiness at the port of loading must be given by the owners in order to enable delivery of the cargo at the shipment port in time for the vessel to be loaded within the agreed laytime. Without any qualification, a “clear day” is a day of 24 consecutive hours. With a qualification, such as “clear working days” this refers to the normal “laytime” days and any exceptions would be deducted from the number of days’ notice period.
Another use of the term is related to the payment of despatch. Suppose a charterparty contains a clause dealing with laytime, demurrage and despatch, all in the same clause. For example, a clause could state:
“Seven weather working days (Sundays and Holidays excepted) to be allowed by Owners to Charterer for loading . . . For any time beyond the periods above provided the Charterers shall pay to the Owners demurrage . . . or pro rata. For each clear day saved in loading the Charterers shall he paid or allowed by the Owners . . . “
If the days saved include an exception to laytime, for instance a Sunday, the word “clear” could mean that the exception would not be counted in the time saved (that is, the despatch would not be payable on “all time saved”). Without the word “clear”, despatch is normally payable on “all time saved”. However, following early 20th century cases in England, the word “clear” probably does not mean that despatch is payable only on “working time saved”.
