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Terms and Conditions

A person, vessel owner, charterer, company or other organization (collectively or individually the “Customer”) by nominating or appointing Colley West Shipping Ltd. (the “Agent”) to provide ship agency and related services (the “Services”), whether the nomination or appointment is made jointly, directly or indirectly, agrees to the following terms and conditions:

  1. The Customer shall remit funds as requested by the Agent.   The funds requested by the Agent may include a budget of expected costs and expenses (“Disbursements”) related to the vessel’s call as well as anticipated Agency fees and expenses (“Service Fees”).   The requested funds for Disbursements and Services Fees must be provided to the Agent prior to vessel arrival at the port. The agent may request more funds for Service Fees or Disbursements if the terms or conditions of appointment change prior to actual arrival or during the port stay of the vessel. The Customer shall remit additional requested funds prior to departure of the vessel from the port.
  2. The Service Fees are calculated based on vessel’s arrival pilot station until dropping outward pilot.   Services may include, but shall not be limited to:
    1. customs clearance or any documentary function in relation to the arrival/departure of a vessel or crew;
    2. arrangements relating to vessel arrivals and departures, movement, loading/unloading of a vessel, including pilots, water taxis, tugs, berths, linesmen, stevedores, etc.;
    3. husbandry services; and
    4. arrangements for handling, temporary storage, carriage or transportation of goods.
  3. In addition to payment of the Service Fees and Disbursements, the Customer shall reimburse Agent for actual expenses incurred in sending and maintaining necessary attendants and attendances in locations where the Agent does not have its usual office.
  4. When Agent is required or requested to furnish services in connection with extraordinary matters such as major repairs, strikes, casualties, classification surveys, general average, maritime or other litigation, governmental penalties, port state control intervention, deserters, stowaways, other immigration related problems, medical or other emergency crew problems, or any such similar events, actual costs incurred and Service Fees commensurate with the services involved shall be paid by Customer.
  5. Expenses which form part of the Service Fee shall be reimbursed by Customer and includes communications, ships’ mail, staff overtime, customs charges, copying, transportation and all other expenses related to the vessels’ call.
  6. In providing the Services, Agent is authorized to agree with contractors and others to customary terms and conditions as provided by contracts, tariffs, and applicable laws. When arranging for berths, pilots, tugs, water taxis or other services which are provided under contract or law that purports to limit the liability of the service providers, Agent is not required to, and will not procure any additional insurance on behalf of vessel or Customer unless such additional insurance is specifically requested in writing in advance of the vessel arrival, can be obtained by the Agent, and is paid for prior to vessel arrival. Customer is hereby notified that in some cases services arranged may be subject to annual volume commitments by Agent and Agent is entitled to any benefits of such commitment at its sole discretion.
  7. Agent shall have a lien against the vessel and its/Customer’s documents for all unpaid Service Fees and Disbursements, un-reimbursed expenses, and any obligations incurred on behalf of vessel.
  8. Customer shall pay all costs incurred by Agent in collection of its Service Fees and Disbursements and costs and enforcement of Agent’s indemnity and lien rights, including reasonable lawyer’s fees, and shall pay interest on all unpaid amounts outstanding 30 days after accounts are rendered at the rate of 2% per month (26.82% per annum compounded monthly).
  9. Customer shall defend, indemnify and hold harmless the agent from and against all expenses, claims, fines, penalties, lawsuits, or legal proceedings of whatsoever nature (including, without limitation, for breach of contract, non-payment, injury, death, negligence, property damage, regulatory proceedings or proceedings for an administrative monetary penalty), alleged to arise out of or relate to operations or conditions connected or anyway associated with the vessel, crew, owners, operators, independent contractors, charterers, cargo, customer, or in respect of the provision of the services.
  10. Government Notifications: In the event of an oil spill, marine casualty or other incident requiring notice to governmental authorities under applicable law, Agent is authorized by Customer and the vessel to make such required notification, but is not required to do so, and has no liability to the Customer if the Agent fails or omits to make any such report.
  11. Proprietary Rights: All information (including the pro forma Disbursement account and final Disbursement account) provided by the Agent is a trade secret and the sole and exclusive intellectual property of Agent. Agent retains sole and exclusive ownership and all right, title and interest in and to all trade secrets and all other intellectual property, and Customer agrees that such is privileged between the Agent and the Customer. There are no licenses, transfers and/or assignments granted under these Terms and Conditions, whether express or implied. Customer agrees that the Agent’s trade secrets and intellectual property may not be disclosed, shared or used for any purpose, including but not limited to statistical analysis, other than settlement of a particular voyage disbursement account, without the express written permission of the Agent. Customer further agrees to give notice of these Terms and Conditions to all of its service providers, agents, servants and contractors, and to guarantee that they will be bound hereby.
  12. Third Party Communications: The Agents will make reasonable efforts to secure communications when transmitting and sharing Customer information. The Agent does not guarantee third parties will do the same.
  13. Cash to Master: The Agent is not responsible or liable in any way, and shall be defended, indemnified, and held harmless by the Customer, for any delays, non-transfer or non-delivery of cash or funds sent by bank wire or other means intended for delivery to the master or the vessel no matter what the cause, even if due to the negligence, fault, act or omission of the Agent or the Agent’s bank.
  14. Termination of Services: The Agent is entitled to terminate the provision of Services with immediate effect and without liability by giving written notice to the Customer if:
    1. the Customer fails to comply with these Terms and Conditions, including, without limitation, if the Customer fails to remit funds in a timely manner as requested by the Agent; or
    2. the Customer is declared bankrupt, becomes insolvent or is unable to pay debts as they fall due.

    If the Agreement is terminated in accordance with this provision, or otherwise, the Customer shall be liable to the Agent for any damages suffered by the Agent as a result of the termination and pay the Agent all Service Fees earned and recoverable costs, including Disbursements, incurred in respect of the Services performed up to the date of the termination together with any further reasonable costs and/or expenses incurred by the Agent as a result of the termination.

  1. Force Majeure: Neither the Agent or the Customer shall be liable to the other in damages for any failure to perform or delay in performance of its obligations if and in so far as and for so long as such performance is delayed or prevented by the other’s acts or omissions, or by circumstances beyond its reasonable control including but not limited to Government restrictions, Port Authorities and security restrictions in ports, strikes, lock-outs or labour disputes of any kind (whether relating to its own employees or others), Acts of God, fire, flood, explosion, natural catastrophe, military operations, blockade, sabotage, revolution, riot, civil commotion, insurrection, war or civil war, adverse weather conditions or prolonged power failure.
  2. Severability: In the event any paragraph(s) and/or portion(s) hereof is determined to be legally invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect and shall in no way affect or prejudice the enforceability of any other term or condition herein.
  3. Survival of Rights: All the rights, immunities and limitations of liability contained in these Terms and Conditions shall continue to have their full force and effect in all the circumstances notwithstanding any breach of any term or condition hereof or any collateral agreement and notwithstanding that the Services have been provided.
  4. Alterations or Variations: The Agent may, at any time and from time to time, modify, alter or vary these Terms and Conditions without notice to the Customer. No officer, employee, agent, contractor or sub-contractor of the Agent has the authority to waive, modify or vary these Terms and Conditions unless a Director of the Agent approves such waiver or variation in writing.
  5. Applicable Law: These Terms and Conditions and any separate agreement made between the Agent with the Customer shall be deemed to be made in the Province of British Columbia and shall be governed and construed in accordance with the laws of British Columbia and Canada as applicable therein.
  6. Dispute Resolution: Any dispute, controversy or claim arising out of, relating to or in connection with these Terms and Conditions or the provision of the Services, shall be referred to arbitration in Vancouver, Canada in accordance with the Rules of the Vancouver Maritime Arbitrators Association (on-line at http://www.vmaa.org). The seat of the arbitration shall be Vancouver, Canada. The language of the arbitration shall be English.