Schedule 5
[By‑laws 52(3) and 57(4)]
Evaporites (Lake MacLeod) (Cape Cuvier Berth) By‑laws 1991
Conditions of towage
1.
For the purposes of these conditions —
hirer means the master, owner or agent of a vessel requiring towage services from the Company; and
the phrase whilst towing means the period commencing when the tug is in a position to receive orders directly from the vessel of the hirer to pick up ropes or lines or when the tow rope has been passed to or by the tug, whichever is the sooner, and ending when the final orders from that vessel to cast off ropes or lines have been carried out, or when the tow rope has been finally slipped, and the tug is safely clear of the vessel, whichever is the later, and towing includes any operation in connection with holding, pushing, pulling or moving the vessel.
2.
On the commencement of the use of the services of a tug, the master and crew thereof become the servants of the hirer or his servants or his agents and anyone on board the vessel of the hirer who is paid by or would or might but for these conditions be deemed to be employed by the Company shall be deemed to be the servant of the hirer.
3.
The Company or any person operating a tug at the request of the Company shall not be liable for any death or injury to any person, or loss of or damage to property —
occurring whilst towing; or
arising out of —
an act or omission related to the tug or the vessel of the hirer;
the negligence of the Company, its servants, agents or any other person operating any tug at the request of the Company;
the unseaworthiness, unfitness or breakdown of the tug or any of its equipment or the lack of fuel, stores or speed; or
any other cause whatsoever,
and the hirer shall bear the cost resulting from any death, injury, loss or damage of the kind specified in this condition which is suffered by the Company and shall in addition (to the extent if any to which this condition fails to relieve the Company from liability for any such death, injury, loss or damage) indemnify the Company and hold it harmless against that liability, but this condition shall not apply to any death, injury, loss or damage suffered by the hirer and caused by or arising from want of reasonable care on the part of the Company to make the tug seaworthy for its navigation whilst towing (the burden of proving such want of care being upon the hirer).
4.
The hirer shall not bear or be liable for any damage, injury, loss or expense of any description caused by or to the tug otherwise than whilst towing or for loss of life among or injury to the crew of the tug, but nothing contained in this condition shall prejudice any claim the Company may have in admiralty or at common law against the hirer.
5.
The Company may substitute one tug for another and may sub‑let or assign the work, wholly or in part, to other tug owners or other persons, who shall also have the benefit of and be bound by these conditions.
6.
Any object, whether afloat or not, in respect of which the services of a tug are sought, will, for the purpose of these conditions, be deemed to be a vessel.
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