STANDARD TOWAGE CONDITIONS
Curaçao Towage Company Ltd.
(Kompania di Tou Korsou Exploitatie Maatschappij N.V.)
Hereinafter called “tug owner”
- For the purpose of these Conditions the phrase “whilst towing” shall be deemed or cover the period commencing when the tug is in position to receive orders direct from Hirer’s vessel to pick up ropes or lines, or when the towrope has been passed to or by the tug, whichever is the sooner, and ending when the final orders from the Hirer’s vessel to cast off ropes or lines have been carried out, or the towrope has been finally slipped and the tug is safely clear of the vessel, whichever is the later. Towing is any operation in condition with the holding, pushing, pulling or moving the ship.
- On the employment of a tug the Master and Crew thereof become the servants of and identified with the Hirer and are under the control of the Hirer of this servants or agents, and anyone on board the Hirer’s vessel who may be employed and/or paid by the Tug owner shall be considered the servant of the Hirer. The same shall apply to the Pilot, even if he is carrying out his duties on board the tug.
- The Tug owner shall not, whilst towing, bear or be liable for damage of any description done by or to the Tug, or done by or to the Hirer’s vessel, or for loss of damage to anything on board the Hirer’s vessel, or for loss of the tug or vessel, of for any personal injury or loss of life, arising from any cause, including negligence at any time of the Tug owner’s servants, or agents, unseaworthiness, unfitness or breakdown by the tug, its machinery, boilers, towing gear, equipment of hawsers, lack of fuel, stores or speed, or otherwise and the Hirer shall pay for all loss or damage and personal injury or loss of life and shall also indemnify the Tug owner against all consequences thereof, and the Tug owner shall not, whilst at the request expressed or implied of the Hirer rendering any services other than towing be held responsible for any damage done to the Hirer’s vessel and the Hirer’s shall indemnify the Tug owner against any claim by a third party (other than a member of the crew of the tug) for personal injury or loss of life. Provided that any such liability loss or damage as above set out is not caused by want of reasonable care on the part of the Tug owner to make the tug seaworthy for the navigation of the tug during the towing or other services – the burden of proof of any failure to exercise such reasonable care being upon the owner of the tow.
- The hirer shall not bear or be liable for any loss or damage of any description done by or to the tug otherwise than whilst towing, as herein defined, or for loss of life or injury to the crew of the tug. Nevertheless nothing contained herein shall prejudice any claim the Tug owner may have in Admiralty or at Common Law against the Hirer.
- The Tug owner may substitute one tug for another and may sublet the work, wholly or in part, to other Tug owner who shall also have the benefit of and bound by these conditions.
- The Tug owner will not be responsible for the consequences of War, Strikes, Lockouts, Riots, Civil Commotion, Disputes of Labor Disturbances (whether they be parties thereto or not) or anything done in contemplation of furtherance thereof, or delays of any description, however caused, including negligence of their servants or agents.
- All payments by Hirer for services provided by/ to be provided by the Tug owner in connection to an arrival/ departure cycle, including the berth shifts involved are due prior to the departure concerned unless otherwise agreed.
- The Hirer shall pay to the Tug owner in cash or as agreed all sums immediately when due without deduction or determent on account of any claim, counterclaim or set-off.
- Notwithstanding article 7 hereof the Tug owner will charge 1.25% per month pro rata on any invoice not paid within 30 days of the date of the invoice.
- These conditions are governed by Curaçao law.