Safe Berth Availability and Charges Sample Clauses
The Safe Berth Availability and Charges clause ensures that a vessel is provided with a berth that is safe for docking and loading or unloading operations. It typically requires the charterer or port authority to designate a berth that is free from hazards and suitable for the vessel’s size and draft, and it may specify who is responsible for any costs or delays if a safe berth is not available. This clause is essential for allocating responsibility for berth safety and related charges, thereby minimizing risks to the vessel and clarifying financial obligations in case of unsafe or unavailable berths.
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Safe Berth Availability and Charges. (A) The Terminal Operator shall exercise due diligence to provide a safe berth to which the Vessel may proceed to or depart from, and where the Vessel can always lie safely afloat. However, if the Vessel cannot, in the Terminal Operator’s sole opinion, maintain its mooring safely at the dock, then the Terminal Operator may, in its sole discretion, order hold- in tugs, and the cost of such tugs shall be for Buyer’s account. The Terminal Operator shall provide a safe berth for the Vessel free of wharfage fees for normal Cargo transfer. The Vessel shall vacate the berth promptly after hoses are disconnected. A wharfage fee may be charged to Buyer for discharge extended beyond 36 hours or if the Vessel remains at the berth after hoses are disconnected. Dockage and service fees, including mooring, booming, fresh water, steam and oily slops receipts will be charged to Buyer. In addition, all duties and other charges on the Vessel, including those incurred for tugs, pilots, and other port costs shall be for Buyer’s account.
(B) Notwithstanding anything contained in this “Safe Berth Availability and Charges” provision, Seller shall not warrant the safety nor draft of public channels, fairways, approaches thereto, anchorages or other publicly- maintained areas either inside or outside the port area where the Vessel may be directed.
Safe Berth Availability and Charges. (a) Terminal Operator shall exercise due diligence to provide a safe berth at the Terminal to which a Vessel may proceed to and depart from, and where the Vessel can always lie safely afloat. If a Vessel cannot, in Terminal Operator’s sole discretion, maintain her moorings safely at the Dock, then Terminal Operator may order hold-in tugs in its sole discretion, and any risk and expenses related to such tugs shall be for Customer’s account. The Vessel shall vacate her berth promptly after hoses are disconnected.
(b) Notwithstanding anything contained in these Marine Regulations to the contrary, Terminal Operator does not warrant the safety or suitability of any berth, Dock, or other place nor the safety or draft of any public channels, fairways, approaches thereto, anchorages or other publicly-maintained areas either inside or outside the port area where the Vessel may be directed, and Terminal Operator shall have no liability in respect thereof or therefor.
(c) All fees and charges assessed by any other governmental authority pursuant to any state regulations, including pilotage and state and/or federal coastal protection, and other port costs shall be for Customer’s account.
(d) Customer shall procure line handling services required for mooring, unmooring and shifting of the Vessels, it being agreed and acknowledged that such services are not part of the services provided by Terminal Operator and Terminal Operator shall have no responsibility therefor. The fees and charges for such line handling services will be directly invoiced to Customer by such service provider.