GULF PACIFIC MARINE, INC.
SCHEDULE OF RATES, SERVICE TERMS AND CONDITIONS
FOR
SHIP ASSIST & ESCORT TOWING AT
DESIGNATED GRAIN TERMINALS ON THE COLUMBIA &
WILLAMETTE RIVERS
As of: February 27, 2013
1. APPLICABILITY: The terms of
this Schedule of Rates, Service Terms and Conditions
(“Service Terms”) apply to all ship assist towing and
escort towing at designated grain terminals on the
Columbia and Willamette Rivers for which no other
express written contract signed by Gulf Pacific Marine,
Inc. (“Gulf Pacific”) exists. When service is ordered or
is accepted, it is understood that the vessel, its
owners, and its operators agree to all the terms and
conditions contained herein. Gulf Pacific’s objective is
to have tugs and personnel available to cover customer
requirements. However, on occasion demands outstrip
supply. As a result, and although Gulf Pacific will do
its best, Gulf Pacific cannot guarantee that it can meet
all customer requirements 100% of the time. Updates to
these Service Terms may be made from time to time, at
Gulf Pacific’s sole discretion, by posting updates at
the Company’s website. Acceptance of any of the services
provided by Gulf Pacific constitutes acceptance of the
Service Terms posted on Gulf Pacific’s website at the
time such services are ordered or performed.
2. RATES: Gulf Pacific’s services
are provided exclusively to ships calling at designated
grain terminals on the Columbia and Willamette Rivers
(“Grain Terminals”). Rates, prices, and expenses for tug
services to ships calling at Grain Terminal docks will
be invoiced to vessels care of the individual Grain
Terminal at which the ship calls, and will collected by
those Grain Terminals, customarily from port costs
deposits, for remission to Gulf Pacific. Ship
owners/operators and agents should refer to in the
regularly maintained schedule of terms and conditions or
“tariff” (“Grain Terminal Tariff”) maintained by each
Grain Terminal.
Rates for Tug service are as follows:
UGC - Vancouver
Flat fee per each berthing (in and out)
- one or two tugs - $30,000
Security Fee, per tug - $ 2,000
Additional tug time for more than 4
hours per tug per call out,
additional call-outs for shifting at berth, emergencies,
etc.
(minimum two hours charge per call out) - $4,000 per
hour per tug
Services are scheduled through the elevator at which the
vessel is berthing. Billing and collection to occur
through the port cost deposit placed by vessel with the
elevator.
In ordering tug services to be provided by Gulf Pacific,
either directly through Gulf Pacific or through a Grain
Terminal, the ship, its owners, operators, managers and
agents, expressly agree to (a) the schedule of rates to
be charged at the Grain Terminal where the ship is
calling, and (b) all terms and conditions of service
stated in this in this schedule of Service Terms as of
the time services are ordered. No terms or conditions
contained herein may be modified as to a particular
service unless agreed to in writing by Gulf Pacific.
3. PAYMENT TERMS: Payment for
Gulf Pacific services is be made as per terms of the
Grain Terminal Tariff for the grain terminal at which
the ship is calling, and if not specified, within 10
days of invoice date. If not paid within such terms,
then charges for tug service may be collected by Gulf
Pacific for its on account and for and on the account of
the affected Grain Terminal. Gulf Pacific claims and
reserves all lien and collection rights for services it
provides. If suit or action is filed by Gulf Pacific to
collect a delinquent account, attorney fees and related
expenses (i.e., U.S. Marshal’s fees, filing fees, etc.)
awarded the prevailing party as assessed by the trial
and/or appellate court.
4. SUBCONTRACT: All or part of
any service requested herein may be subcontracted to
others without notice to customer, and customer agrees
that any such subcontractor shall have the benefit of
all defenses, exemptions, and limitations of liability
provided herein for the benefit of Gulf Pacific. In
performance of any such subcontract, the subcontractor
shall be considered an independent contractor and not
the agent, servant, or employee of Gulf Pacific.
5. SCHEDULING: Gulf Pacific shall
use reasonable diligence to provide tug services at the
time scheduled with the ship or agent. However, the
company reserves the right to perform tug services for
other persons prior to the time scheduled with the ship.
Scheduled times for tugs are approximate and not
guaranteed. Gulf Pacific shall have no liability for
delay in rendering tug services. In the event the
customer’s vessel arrives prior or subsequent to the
time scheduled, Gulf Pacific shall use reasonable
diligence to provide tug service at the time of arrival.
6. RESPONSIBILITY: Rates for
assist and escort towage require that vessels be in the
charge of the master thereof or that a regular licensed
pilot be employed by the vessel, its owners or
operators, which master or pilot shall give all orders
to the tugs supplied. The masters and crews of assist
and escort tugs shall, in the performance of such
service, be and become the servants of the vessel or
craft being assisted or escorted. Neither the tugs used
in the service, nor the owner, operator, masters, crews,
charterers or hirers thereof, shall be liable for any
loss or damage of any nature whatsoever arising out of
or occurring while such service is being rendered, or
incident thereto, so long as said tugs follow and carry
out properly and in a timely fashion, to the extent due
diligence allows, the orders and directions of the
master or pilot of the vessel or craft to which service
is being rendered. The vessel or craft to which service
is being rendered, its owners, charterers, or operators,
shall indemnify the tug or tugs, their owners,
operators, masters, crews, charterers or hirers, with
respect to any damage sustained by the tug or tugs while
following and carrying out the orders and directions of
the master or pilot of the vessel, and shall hold
harmless the tug or tugs, their owner, operator, master,
crew, charterer or hirer, from any and all claims,
demands, actions, suits or sums paid on account of any
damages sustained by third parties, including but not
limited to personal injury or loss of life of any
person, as well as personal injury or loss of life of
any member or crew of said tug or tugs.
7. HAWSERS: The assisted or
escorted vessel assumes all risk of any and all loss or
damage sustained by it or by any other vessels, property
or persons resulting from the parting of any hawsers or
other line, by whomsoever furnished, and whether the
parting was due to insufficiency, negligence, wear, or
other cause.
8. WARRANTY: With respect to
vessels that are not owned by the person or company
ordering or by the person or company who has contracted
with Gulf Pacific for the tug service, it is understood
and agreed that each such person or company warrants
that it has authority to bind the vessel and her owner
to all the provisions of these Terms and Conditions and
Gulf Pacific’s rate schedule and that each such person
or company agrees to indemnify and hold harmless those
furnishing the tugs or any pilot, the tugs, their
owners, agents, charterers, operators and managers, from
all damage and expenses that may be sustained or
incurred in the event and in the consequence of such
person or company not having such authority.
9. DISCLAIMER OF WARRANTY OF
WORKMANLIKE SERVICE: Neither the tug, its owners,
agents, charterers, operators nor managers warrant
expressly or by implication that workmanlike service
will be performed and such warranty is expressly
excluded. The liability of the tug, its owners, agents,
charterers, operators, and managers is limited to only
such consequences and damages as said parties would be
legally liable for in the absence of a contractual
warranty of workmanlike service.
10. NOTICE OF DAMAGE: Notice of
any alleged damage or injury suffered or caused by a
vessel to which tug services are rendered hereunder must
be given to Gulf Pacific within a reasonable time (not
to exceed twenty-four (24) hours) after the alleged
occurrence, and if it is intended that a claim or claims
be made upon Gulf Pacific based upon such alleged damage
or injury, written notice of such intention must be
given within thirty (30) days of such occurrence. In the
absence of either one or both notices provided for
above, no claim against Gulf Pacific arising out of such
occurrence shall be valid, and no suit may be maintained
in respect to such claim on account of damage or injury
suffered or caused by such vessel. In addition to the
foregoing requirements, no claim shall be valid and no
suit may be maintained against Gulf Pacific on account
of any damage or injury unless Gulf Pacific is given a
reasonable opportunity to inspect and survey the damage
for which claim is made prior to the commencement of any
repairs.
11. LIMITATION OF LIABILITY: The
furnishing of any tug service, or anything done in
connection therewith, shall not be construed to be, or
to give rise to, a personal contract. It is understood
and agreed that Gulf Pacific, the tugs, their owners,
charterers, operators, masters, crews, managers, and
agents shall have the benefit of all exceptions from,
and limitations of, liability to which an owner of a
vessel is entitled under any limitation of liability
statutes of the United States, including, but not
limited to, limitations of and immunity from liability
under the Oil Pollution Act of 1990 (“OPA 90”), and any
applicable state law. Unless entitled to immunity as a
responder or otherwise under OPA 90 or applicable state
laws and subject to defenses to, exemptions from, and
limitations of liability provided herein and under
applicable law, Gulf Pacific, the tugs, their owners,
charterers, operators, masters, crews, managers, and
agents will be liable to the extent required by law up
to and including the first $250,000 for all claims,
demands, causes of action, liabilities, and costs
(including attorneys’ fees) arising out of or related to
a single occurrence, or a connected series of
occurrences, in connection with any service rendered by
Gulf Pacific. Customer understands and agrees that the
rates assume the limitation of liability afforded by
this limitation of liability clause and that this clause
shall not be limited, restricted or in any way affected
by the amount of insurance carried by Gulf Pacific.
12. INDEMNITY: All claims,
demands, causes of action, liabilities, and costs
(including attorney’s fees) exceeding $250,000 that are
attributable to the acts or omissions (whether negligent
or otherwise) of Gulf Pacific, the tugs, their owners,
charterers, operators, masters, crews, managers and
agents, or to a tug’s unseaworthiness, and which arise
out of, or relate to a single occurrence, or connected
series of occurrences, in connection with any service
rendered by Gulf Pacific shall be subject to the
following indemnity: The ship receiving service, and its
owners, operators, managers and agents agree to
indemnify, defend and hold harmless Gulf Pacific, the
tugs, their owners, charterers, operators, masters,
crews, managers, affiliated companies, employees,
directors, officers and agents from all claims, demands,
causes of action, liabilities and costs (including
attorneys’ fees) of every type and character, whether in
rem or in personam, which are asserted against them by
any person (including, without limitation, employee s of
the ship or its owners, operators, managers or agents)
for personal injury, illness, or death, or for loss or
damage to property of any kind or type as well as oil
pollution or the spill of any hazardous substance. The
parties intend for this indemnity to apply to all
incidents of whatsoever nature, excluding only
intentional or willful misconduct within the scope of
employment by Gulf Pacific and its employees.
13. NO CONSEQUENTIAL DAMAGES:
Gulf Pacific shall not in any event be liable for
consequential, indirect, or special damages, including
without limitation extra expense, loss of profits, loss
of use of property, delay or damages consequential upon
loss of use, whether resulting from negligence or breach
of this contract by Gulf Pacific or any person, entity
or tugs or otherwise and even if the possibility of such
damage is or was foreseeable by Gulf Pacific or any
person or entity. |