Tug Assistance / Towage

Transcription

– Commercial Towage Contracts -
Capt. M. Grübler
Claims Manager
– Commercial Towage Contracts Today‘s Agenda:
1) First Contact in Case of Emergency
2) Collecting of Information
3) Investigating into Tug Assistance
4) Types and Constitution of Contracts
– Commercial Towage Contracts 1.) Contact Support in case of Emergency:
V HT
– Commercial Towage Contracts The master contacts the shipowner and reports the
situation on board including a brief description about
the present situation and what problems have occured:
- Engine Damage
- Rudder Damage
- Stranding
- Collision / Wateringress
- Immediate Danger to the Ship
– Commercial Towage Contracts Subsequently, the Owner / Superintendent inform the
Insurance Broker and /or the VHT directly
Telephone: VHT-Bremen during Office hours:
+49 – (0)421 – 59811-0
otherwise by means of the
VHT-Bremen Emergency Hotline:
+49 – (0)160 – 717 80 80
– Commercial Towage Contracts and in Hamburg please contact:
Telephone: VHT-Hamburg during office hours:
+49 – (0)40 – 301 009 - 0
otherwise by means of the
VHT-Hamburg Emergency Hotline:
+49 – (0)162 – 13 888 13
– Commercial Towage Contracts Sometimes the VHT also receives up-to-date
information about emergency cases from:
English Tug Brokers:
- MARINT
- SAMUEL STEWART
Both companies have close contacts to the British
Coast-Guard and continuously receive information
about conspicuous and extraordinary situations at any
time - day and night.
Emergency Situations – Chain of Contact
Ship
Underwriters
Owners
Broker
– Commercial Towage Contracts 2.) Collecting of Information:
– Commercial Towage Contracts Regrettably, too often the first messages we get are
rather incomplete and usually do not suffice for us
to get a clear picture about the emergency
situation on board.
Thus, the following information is of utmost
importance to us:
– Commercial Towage Contracts Name of own Vessel !
In collision cases: Name of other ship
Voyage from / to ?
Last position of the vessel (φ / λ)
Time of this position (UTC)
Cargo on board (Nature/Quantity)
– Commercial Towage Contracts Wind and Weather Conditions
Sea and Swell Conditions
Weather forecast (short / longer periods)
Drift (Direction and Speed)
Tide (particularly important near the coast)
Draft of the Vessel (forward / aft)
– Commercial Towage Contracts Rudder still functioning ?
Main Engine still working ?
Auxiliaries / Electricity on board available?
Mooring winches functioning ?
Communication Details required
Person in charge
(Capt. / Chief. Eng. / Superintendent)
– Commercial Towage Contracts Are Temporary Repairs on board possible ?
If yes, estimated Period of Repair ?
Is the Seaworthiness of vessel affected ?
Does the ship have any Leakages (i.e. after
Stranding) ?
And finally, the owners are requested to
answer the following fundamental question:
WHERE IS THE VESSEL TO BE
TOWED TO?
– Commercial Towage Contracts The preliminary information is now to be evaluated:
Entry of the respective position in the sea chart
Evaluation of the risk of a vessel‘s stranding
Checking the distances to the next ports
Are these ports accessible (Draft? Allowance?)
What size of tug is required?
- power (bhp) and bollard pull (bp)
– Commercial Towage Contracts Furthermore, the following information is obtained:
Detailed figures concerning own vessel
- Lloyd‘s Fairplay
http://www.ships-register.com
AIS – Infos (as far as possible and available)
http://www.aislive.com
– Commercial Towage Contracts Finally, of great importance are the :
Present Weather Conditions and Forecast
- Ocean Weather
http://www.oceanweather.com
- Wetter-Online
http://www.wetteronline.de
- Hurricane Centre
http://www.nhc.noaa.gov
- Severe Weather Information Centre
http://www.severe.worldweather.wmo.int
- Satellite Photos of the World‘s Oceans
http://www.imkhp2.physik.uni-karlsruhe.de
– Commercial Towage Contracts Information for the leading H+M Underwriter:
As soon as we have a general overview on how
this case may develop, preliminary, brief
information is given (usually by phone) to the
leading Underwriter of the H+M policy, who is
then integrated into the further decision
making process.
– Commercial Towage Contracts 3.) Obtaining Tug Assistance:
– Commercial Towage Contracts The first possibility of making contact is:
Direct Contact: VHT / Tug Company
This is convenient when tug assistance
„in one‘s own backyard“ is required and local
German tug companies can be approached,
i.e.:
Bugsier, Taucher Otto Wulf, URAG, etc.
– Commercial Towage Contracts The second possiblity of making contact is:
Contact via „Tug Broker“
Companies such as
or
MARINT
SAMUEL STEWART
have the best international connections and
professional experience in obtaining offers for
suitable tugs. They also have fundamental
knowledge in contractual law.
– Commercial Towage Contracts The third possibility of making contact is:
Appointment of local Averge Agents:
This option has the benefit of local knowledge and
good personal relationships with local tug companies
and local port authorities.
Additionally, fewer problems occur in
communicating as nearly all parties involved speak
the same native language.
World Wide Net of Agencies
is found under www.vht-online.de
VHT currently
maintains about 270
agents worldwide.
These agents act,
though independently,
on our behalf and are
willing and able to
provide assistance.
They can be
approached at any time
by the masters of ships,
which are insured in
our market.
4.) Types and Drafting of Contracts:
– Commercial Towage Contracts The best known and most commonly used contracts are:
Lloyd‘s Open Form (LOF 2000)
BIMCO “TOWCON“
BIMCO “TOWHIRE“
UK Standard Towing Conditions
BIMCO “SUPPLYTIME 89“
BIMCO “WRECKHIRE 99“
Various local Towage Contracts
– Commercial Towage Contracts Lloyds Open Form (LOF 2000)
Principal Basis = No cure – No pay
Arbitration in London
Salvage Remuneration according to Article 13
of the Salvage Convention payable only after
completion of a successful salvage operation.
SCOPIC (Special Compensation P and I Clause)
forms a part of the contract – however, it must
be explicitly „invoked“ in writing. It is, in
particular, in the concern of P&I Interests.
The LOF is always one of the most expensive solutions !!!
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– Commercial Towage Contracts BIMCO „TOWCON“ and BIMCO „TOWHIRE“:
Segmentation of the Contracts:
Part I: Part I contains 39, and, respectively, 43 „Boxes“, which
have to be filled in individually with details concerning the
vessel and the respective tug as well as payment terms, etc.
In these boxes, reference is also made to the numbered
printed clauses in Part II.
Part II: In both contracts there are 25 printed clauses, which, in
particular, refer to the characteristics of the ‚Lumpsum‘ or
‚daily hire‘ agreement.
In both cases, Additional Clauses can be agreed upon.
– Commercial Towage Contracts BIMCO „TOWCON“ and BIMCO „TOWHIRE“:
Considerable Advantages:
Clear contractual terms in the „small print“
and in particular
Liabilites are clearly defined: „Knock for knock“,
i.e. in case of damages, each party pays for its own
damages.
– Commercial Towage Contracts Principle Differences:
BIMCO „TOWCON“
BIMCO „TOWHIRE“:
A calculation is made by
the contractor who offers
a lumpsum price.
Compensation on a daily
hire basis and pro rata
basis, respectively.
A risk still remains that the
advance
calculation
is
somewhat higher than the
actual cost as the contractor
makes provisions for the
unforeseen.
A risk still remains that the
Tug-Captain may prolong the
voyage unduly (and, thus,
raise the towage price) by
„slow steaming“ or by alleging
heavy weather.
– Commercial Towage Contracts BIMCO „TOWCON“ and BIMCO “TOWHIRE“:
Additional Clauses in Both Contracts
Clause 26 (No Claim for Salvage):
It is clearly understood that there is to be no claim for
salvage by Tugowner, or their Managers, or their Master,
Officers or Crew of the tug or any other person on board
the tug and/or any other party associated with the
Tugowner against the Hirer or the tow or cargo, bunkers,
stores or freight on board the tow and the Tugowner
hereby indemnifies the Hirer and the Owners of all the
above property against such claims for salvage.
Clause 27 (Towage Approval):
A Towage Approval Certificate is to be issued by the Verein
Hanseatischer Transportversicherer e.V. (VHT) on behalf of the Hull
Underwriters of the tow, whose recommendations are legally binding
for the Hirer as well as for the Tugowner, or their Managers, or their
Master, Officers or Crew of the tug or any other person on board the
tug and/or any other party associated with the Tugowner.
(Continue next page)
Clause 27 (Towage Approval) - (continued) :
Notwithstanding any provisions of this Agreement to the contrary,
the Tugowner will indemnify the Hirer in respect of any loss caused
to the tow or cargo, bunkers, stores or freight on board the tow by
breach of or non-compliance with one or more recommendations
stipulated in the Towage Approval Certificate, provided always that
such breach of or non-compliance with one or more
recommendations is due to negligence or any other fault of the
Tugowner, or their Managers, or their Master, Officers or Crew of
the tug or any other person on board the tug and/or any other party
associated with the Tugowner.
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– Commercial Towage Contracts The contractual liability according to Clause 4 is very
extensive, and the ship owner runs a high risk. If
something happens to the tug, then he has to pay …... up
to the total value of the tug!
– Commercial Towage Contracts In such cases, the German Hull Clauses (DTV
Kaskoklausel 34.2) generally provide coverage to the
shipowner under the hull policy. However, one should
bear in mind, that this „Third Party Liability“ (i.e. the
total loss of the tug) is restricted to the insured value of
his own vessel.
Under certain circumstances, e.g. when high tug values
are at risk, it may be advisable (also for the H&M
Underwriters) to insure that particular „contractual
towage liability“ separately.
– Commercial Towage Contracts BIMCO „SUPPLYTIME 89“ :
This contract is most convenient and is used when an offshore vessel
or an anchor handling tug is „chartered“. Thus, in the offshore
shipping industry, this kind of contract is very common and,
therefore, the contents and clauses are often more familiar to the tug
owners than other contracts would be.
Segmentation of this contract is similar to all other BIMCO contracts:
Part I: consists of 36 „Boxes“ in which the general conditions of the
chartered vessel are given - such as period of hire,
mobilisation-/demobilisation costs and payment terms etc.
In contrast to TOWCON / TOWHIRE, the details and the
description of the vessel to be towed are not mentioned.
– Commercial Towage Contracts BIMCO „SUPPLYTIME 89“ :
Part II: consists of 36 Clauses and is considerably more extensive.
Further to this contract, there are 3 Annexes attached:
ANNEX „A“: Vessel Specification
ANNEX „B“: Insurance
ANNEX „C“: Agreement on mutual Indemnity and
Waiver of Recourse
Also here – similar to other contracts: Additional Clauses are possible
– Commercial Towage Contracts BIMCO „WRECKHIRE 99“ :
This type of contract is not really suitable for normal tug
assistance as it normally occurs, but rather it is a possible
contractual agreement in the case of wreck removal. This type of
contract is structured according to the following:
Part I: consists of only 15 „Boxes“.
Part II: consists of 18 Clauses and Annex I and II including
separate lists stating
- „Personnel, Craft and Equipment to be used“
and
- „Method of Work and Estimated Time Schedule“.
You can find „Draft Copies“ of all types of
contracts which might be of relevance on
the CD which is attached to your seminar
documents. You will have the opportunity
to study these papers yourself in more
detail.
– Commercial Towage Contracts ….and finally a towage contract is established as follows:
The VHT receives (i.e.
from MARINT) an
offer by email or fax:
It contains a brief
description of the
vessel which is to be
towed or salvaged and
the intended port of
destination:
– Commercial Towage Contracts ….next, you will find a description of one or more of the tugs
offered and available:
Also of
t e n c on
ta
brief d
escriptio ins a
n of the
tug(s)
– Commercial Towage Contracts These offers are then forwarded to the Owners and are
then scrutinised in detail jointly between VHT and the
Onwer‘s superintendency – particularly in respect to:
- Arrival time / on-site Availability
- Bollard pull / Tug‘s engine power
- Price
Recommendations of the VHT concerning the reputation
of tug companies, past experience, etc. flow into the
decision-making process before a final decision is made.
– Commercial Towage Contracts Finally – and jointly with the Owners – a decision is made,
as to which tug will be contracted and, in general, this final
decision - which is also approved by the leading
Underwriter - will be forwarded by the VHT to i.e.
MARINT.
It is of paramount importance to note that by all means:
the Owner is the Contractor when such a towage
contract is agreed
NOT the VHT and NOT the Underwriters !!!
– Commercial Towage Contracts In general, a prompt confirmation follows from
e.g. MARINT in form of a „RECAP“, which is
distributed by email/fax to:
- the VHT
- the Owners
Such a „RECAP“ looks just about like this:
– Commercial Towage Contracts Concurrently, Owners are requested to scrutinise and
check this „RECAP“ in detail and, upon careful
examination, to sign it and to send it back by fax or
(scanned with signature) by email to MARINT.
….herewith, a valid, legally binding towage contract is
established!
Remark: Afterwards, the towage contract is duly issued on the
regular printed BIMCO forms, which finally are sent by
regular mail to the contractual parties for signature / counter
signature. In many cases, this is done via the VHT.
– Commercial Towage Contracts …and „mostly“ tug and tow arrive at their
destination...
– Commercial Towage Contracts That‘s it for now …..
Many thanks for
your attention !!

Tug Assistance / Towage

Transcription

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