12 oct Uk Towage Agreement
Long-range ocean towing poses many challenges for tugs, including the impact of adverse weather conditions on tug and tug performance. 4. pipes, cables or wires, lack of fuel, storage, speed or otherwise and (b) The Renter is liable (except in clauses 4 (c) and (s) and (s) 4) and pays and inflicts on the Tugowner towards the end of any loss or damage and all claims of any kind that arise or are caused, whether or not they are covered by the provisions of clause 4 (e) of this Agreement; Suffered or committed against it by the Tugowner and which, without prejudice to the general goodness of the foregoing, include any loss or damage to the tugboat, offer or ownership of the tugowner, even if due to or is caused by the negligence of the Tugowner, its servants or representatives. (c) The provisions of clauses 4 (a) and 4 (b) of this Agreement shall not apply to claims arising out of the following circumstances: (i) all claims that the Lessee must prove directly and exclusively as a result of the tugboat`s personal failure to exercise due diligence to render the tug or almond fit to navigate at the beginning of towing or other service. For the purposes of this clause, the Tugower`s personal liability for the exercise of due diligence shall be interpreted in such a way that it relates only to the person or persons having definitive control and direction of the Tugowner`s business and to any agent (with the exception of officers and crew of a tugboat or offer) to whom the tug has expressly delegated the special duty to apply due diligence; and does not close any other servant of the Tugowner or any independent agent or contractor employed by the Tugowner. (ii) all claims that arise when the tug or offer, although providing a service other than towing or towing, is not near or safely with or from the lessee`s ship or another vehicle visiting the lessee`s vessel and ropes, lines, cables or berths connected to the lessee`s vessel; is separated and surely far from them. Notwithstanding the foregoing, the provisions of clauses 4 (a) and 4 (b) shall apply in full to all claims incurred at any time when the tug or offer is made at the express or implied request of the lessee, its agents or agents, persons or property of any kind (in addition to the officers and crew and the usual equipment of the tug or offer) and who, in whole or in part of the presence of such persons or property on board, or which occur at any time when the tug or offer surrenders in dangerous conditions or circumstances to the lessee`s ship. . . .