MCML reverses the right to charge for laydays @ $2.00 per foot per day after work completion
MILLS CREEK MARINE LTD.
17 Mills Creek Road, Pembroke HM 05
Haullage & Storage Agreement
Terms & Conditions
An agreement made at this day BETWEEN MILLS CREEK MARINE LTD having its place of business at Mill Creek Road, Mills Creek, Pembroke Parish in the Islands of Bermuda (hereinafter referred to as “the Company”) and THE OWNER as shown on the reverse side of this contract form and (hereinafter referred to as “the Owner”) in all matters relating to the Owner’s Vessel as described and (hereinafter referred to as “the Vessel”). NOW IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. The Company shall haul, service, launch, moor, store and/or otherwise deal with the Vessel or equipment as the owner request, subject to the terms and conditions herein contained. 2. The price to be paid for the services provided by the Company hereunder shall be a fee plus labour charges and disbursements, calculated in manner as set out in the schedule attached hereto and forming part of this agreement. All fees, charges and disbursements under this Agreement shall be due and payable upon presentation of invoice and prior to the launching of the said vessel unless otherwise agreed between the Company and the Owner prior to the haulage or storage of the vessel and 7%per annum shall be charged together with a 5% per month Administration Charge on all outstanding accounts of more than thirty (30) days from date of invoice. 3. The Owner or his agent hereby agrees and acknowledges that the Company shall have the full right to launch, remove or otherwise dispose of the said vessel or equipment as the Company deems necessary when the account of the vessel is outstanding for a period of more than thirty (30) days from date of invoice. 4. The Company reserves the absolute right to require that the Owner or his agent shall pay prior to the haulage of the vessel the costs of the haulage, the haulage labour, the service charges for water and electricity and the storage costs for the period of the requested storage, together with, a refundable deposit equal to thirty (30) days storage charges of the said vessel. The deposit amount or that portion of this deposit amount not so extended at the time of launching or removal from the Company premises shall be refunded to the Owner or his agent immediately at the time of launching or removal or the vessel or equipment from the Company premises. 5. The Company reserves the right to require that either the Owner or his agent is present at the hauling and launching of the said vessel. 6. The Company does not make or give any representations or warranties, expressed or implied, nor are its employees, servants or agents authorized to make or give any representations or warranties as the quality or fitness for purpose of any materials, goods or products used or installed by the Company in respect of the services provided to the vessel or the vessel’s equipment and store. 7. The company and its employees, servants and agents shall not be liable under any circumstances for any loss, damage or destruction to the vessel, the vessel’s equipment and stores or other property personal or real to whomsoever belonging or for personal injury to or death of any person whatsoever arising from any cause whatsoever including negligence on the part of the Company or its employees, servants or agents. 8. The Company shall not be responsible for and does not guarantee the work and/or services of any independent contractor whether or not said independent contractor carries on his business from the Company premises and without limiting the generality of clause 7 hereinbefore contained, the Company shall not be liable under any circumstances for any loss, damage or destruction to any property real or personal to whomsoever being or for personal injury to or death of any person arising from any cause whatsoever including negligence on the part of the independent contract or his employees, servants or agents. The Company does not insure any vessel, the vessel’s equipment and stores or any other personal property to whomsoever belonging from any loss, damage or destruction including loss, damage or destruction by fire, windstorm, theft or vandalism unless instructed to do so in writing by the owner prior to haulage or storage commencement in which case such insurance shall be arranged by the Company at the cost of Owner but in no case shall the Company be precluded from the benefit of clause 7 hereinbefore contained. ALL ACCOUNTS ARE DUE AND PAYABLE UPON COMPLETION OF WORK AND/OR UPON PRESENTATION OF INVOICE AND PRIOR TO LAUNCHING.