Standard Towage Conditions

The limited liability company Kompania di Tou Korsou Exploitatie Maatschappij N.V. or Curaçao Towage Company Ltd., hereinafter referred to as: “the Tug Owner”.

The party engaging or ordering the Tug Owner on behalf of itself or any other party for the purpose of rendering services by the Tug Owner will hereinafter referred to as: “the Hirer”.

1. On the employment of the Tug Owner the master and crew of its tug boat become the servants of and are identified with the Hirer and are under the control of the Hirer including its servants and/or agents. Anyone on board Hirer’s vessel (the “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 boat.
   
   
2. Limitation of liability

A. Except in case of intent (in Dutch: “opzet”) or willful recklessness (in Dutch: “bewuste roekeloosheid”) of the Tug Owner, all liability of the Tug Owner, for whatever reason or context, is limited to the amount paid out by its insurer in the relevant case (“the Insurer”), pursuant to the insurance policy.

B. If for whatever reason the Insurer does not provide cover as a consequence of an assessment by the Insurer on the merits of the relevant case, all liability of the Tug Owner is limited as follows, except in case of intent or willful recklessness of the Tug Owner: the Tug Owner shall not, whether or not whilst towing, be liable for damage of any kind (i) by the tug boat, (ii) done by or to the Vessel, (iii) for loss or damage to anything on board the Vessel, (iv) for loss of the tug boat or Vessel, (v) for any personal injury or loss of life, arising from any cause including negligence at any time of the Tug Owner’s employees, officers, or agents, unseaworthiness, unfitness or breakdown by the tug boat, its machinery, boilers, towing gear, equipment of hawsers, lack of fuel, stores or speed, or (vi) for any kind of other damages, costs and/or (financial) consequences. For the purpose of these Standard Towage Conditions (the “Conditions”) the phrase “whilst towing” shall be deemed to cover the period commencing when the Tug Owner has been engaged to provide its services and/or received orders thereto whether or not directly from the Hirer and/or when the tug boat is in position to receive orders (in)directly from the Hirer and/or the Vessel to pick up ropes or lines and/or when the towrope has been passed to or by the tug boat, whichever comes first, and ending when the final orders from the Hirer and/or 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 also deemed to include any operation in condition with the holding, pushing, pulling, moving and/or escorting of the Vessel.

C. If for whatever reason the Insurer does not provide coverage as a consequence of reasons which in no way whatsoever are related to the merits of the relevant case as to be determined by the Tug Owner, all liability of the Tug Owner is limited, except in case of intent or willful recklessness of the Tug Owner, to the amount equal to the remuneration owed by the Hirer to the Tug Owner as a result of the engagement of the Tug Owner during which an issue regarding possible liability of the Tug Owner occurred.

D. The Hirer shall in any case pay for all losses and/or damages and consequences of personal injury or loss of life in any relevant case and shall indemnify the Tug Owner against all kind of claims and consequences in this respect.

E. 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 kind of damages done to the Vessel and/or third parties.

F. The Hirer shall indemnify the Tug Owner against any claim by a third party for any reason whatsoever.

G. The burden of proof for any liability matter lies with the Hirer.

3. The Tug Owner may substitute one tug boat for another and may sublet the work, wholly or in part, to (an) other tug owner(s) who shall also have the benefit of and be bound by these conditions.
4. The Tug Owner will not be responsible for the consequences of war, strikes, lockouts, riots, civil commotion, disputes or labor disturbances (whether it is party thereto or not) or anything done in contemplation of furtherance thereof or delays of any description (including delays as a consequence of force majeure in accordance with the law), however caused, including negligence of its employees, officers or agents.
5. 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 of the Vessel concerned unless otherwise agreed.
6. The Hirer shall pay to the Tug Owner – in cash or otherwise as agreed – all sums immediately when due without deduction or determent on account of any claim, counterclaim or set-off.
7. Notwithstanding the afore mentioned the Tug Owner will charge 1.5% per month pro rata on any invoice not paid within 30 days of the date of the invoice.
8. These conditions are governed exclusively by Curaçao law. The court in first instance of Curaçao is the exclusive competent court for any kind of dispute arising from or in any other way related to these conditions and the engagement of the Tug Owner.