Whether in Berth or Not (WIBON)

What it does

Whether in berth or not, usually abbreviated to WIBON, is wording that allows the master to tender a valid notice of readiness even though no berth is available, so that laytime can begin while the ship waits. It is most significant under a berth charter, where without it the vessel would generally have to reach the berth before it could tender notice and start the clock running.

The clause effectively detaches the start of laytime from the availability of a berth, addressing the congestion that keeps ships waiting at anchor. It is commonly understood to relieve the owner of waiting caused by berth unavailability, though its reach can be debated where the obstacle to berthing is something other than congestion, such as bad weather, which is why related wording is often added to put the position beyond doubt.

Commercial effect

WIBON moves the cost of berth congestion from owner to charterer by letting laytime run while the vessel waits for a berth. In a port where queues are routine, that shift can be worth a great deal, turning what would have been unpaid waiting time for the owner into laytime, and then demurrage, charged to the charterer once the allowance is used up.

Because the clause reallocates a potentially large delay risk, its presence and exact scope are negotiated with care. The parties also watch how it interacts with the cause of the delay: WIBON is generally aimed at congestion, and where weather or other obstacles prevent berthing, additional words may be needed for the owner to keep the clock running, which is a frequent point of dispute.

Owner's perspective

The owner seeks WIBON wherever a berth charter would otherwise leave it waiting unpaid for a berth, because the clause lets the vessel tender notice and start laytime on arrival regardless of berth availability. It is one of the standard tools, alongside time-lost and reachable-on-arrival wording, by which the owner shifts congestion risk back to the charterer.

The owner wants the clause drafted broadly enough that it is not confined to congestion alone, since a narrow reading could leave weather or other berthing obstacles uncovered. Clear words extending the effect to whatever the reason a berth is unavailable protect the owner against arguments that the notice was invalid because the bar to berthing fell outside the clause.

Charterer's perspective

The charterer resists WIBON because it transfers the congestion risk that a berth charter would otherwise keep with the owner, exposing the charterer to laytime and demurrage while the ship merely waits for a berth. In a congested trade, conceding WIBON can convert a comfortable berth basis into a real demurrage exposure on every slow call.

Where it must accept WIBON, the charterer looks to limit it, for example by confining it to congestion proper rather than weather or owner-caused delay, or by requiring genuine readiness before the notice bites. It also weighs the clause against its sale or sub-charter terms, since waiting time charged to it under WIBON may not be recoverable downstream.

Negotiation points

• Whether WIBON is included at all, given it shifts congestion risk to the charterer.
• Whether it covers any reason a berth is unavailable or is confined to congestion.
• How it interacts with weather preventing berthing, often addressed by added wording.
• The readiness conditions that must still be satisfied before the notice is valid.

Common variations

• Plain whether in berth or not, allowing tender before a berth is reached.
• WIBON extended to whether in free pratique or not and whether customs cleared or not.
• WIBON combined with whether in port or not (WIPON) to extend the tender point further out.
• A time-lost-waiting-for-berth clause used to achieve a similar effect by a different route.