289. What amounts to arrival of the ship.

Even when the ship has actually reached the port of discharge, she has not necessarily arrived1. In the absence of any term in the charterparty2 or custom3 to the contrary, she has arrived when, if she cannot proceed immediately to a berth, she has reached a position within the port where she is at the immediate and effective disposition of the charterer4. This will be the case if she is where waiting ships usually lie, unless there are some extraordinary circumstances, proof of which lies on the charterer5. If she is waiting elsewhere in the port, it is for