BERTHS Sample Clauses
The BERTHS clause defines the obligations and procedures related to the allocation and use of berths at a port for a vessel. It typically specifies how berths are assigned, who is responsible for providing a safe and accessible berth, and what happens if a berth is unavailable or unsuitable. For example, the clause may state whether the charterer or the port authority must ensure a berth is ready upon the vessel's arrival, and address delays or costs arising from berth unavailability. Its core function is to clarify responsibility for berth arrangements, thereby minimizing disputes and delays related to vessel docking and cargo operations.
BERTHS. The vessel shall be loaded and discharged in any safe anchorage or at any safe berth or safe place that the charterers or their agents may direct, provided the vessel can safely enter, lie and depart always afloat.
BERTHS. 17.1 Access to the Marina does not imply the provision of a berth to the Owner. The Company reserves the right to refuse the provision of a berth for any reason and subject to the Company’s sole discretion.
17.2 Nothing in this Agreement shall entitle the Owner to the exclusive use of a particular Berth but shall use any such Berth as is from time to time allocated to the Owner by the Company. If at any time during the period of this Agreement the Berth previously allocated by the Company to the Owner is not being used by the Owner for mooring the Yacht, then the Company shall be entitled to moor or permit a third party to moor a Yacht at such Berth and the Company shall be entitled to all income (if any) arising. Upon the Owner returning his Yacht to the Marina, the Company shall use all reasonable endeavours as soon as practicable to make such Berth or any alternative berth available to the Owner. The Owner shall give to the Company not less than 24 hours prior notice of the intention to return his Yacht to the Marina.
BERTHS. 13.1 Access to the Port Area does not imply the provision of a berth to the Client. The Supplier reserves the right to refuse the provision of a berth for any reason and subject to the Supplier’s sole discretion.
BERTHS. To enable maximum use of the Staithe for residents, the Parish Council reserves the right. If necessary, to ask a licensee to vacate to a different but suitable mooring. If you are unhappy in your present mooring, we will endeavour to find you a better mooring when one becomes available.
BERTHS. 1.1 The tenancy of the berths is granted for a period of one year (15/04 – 14/04), 1 summer season, (15/04 – 14/10), 1 winter season (15/10 – 14/04), one month or per day.
1.2 If, by the end of the stated period, no payment for renewal of the agreement has been received according to article 1.3 of the present regulation, the daily rate will be applicable for failing to vacate the berth. This does not preclude WM’s right to remove the boat at the risk of the renters. Applications for yearly berth rental agreements will have priority over applications for a winter or summer season.
1.3 Applications for a berth rental must be submitted in writing and must mention the exact details of the boat and of her owner(s). If the boat is the property of a firm, a copy of the latter’s constitution must be attached, as well as a copy of the identification card of the directors or manager. Any change in these matters shall be notified in writing to WM. On receipt of the application form and, subject to WM’s agreement, an invoice will be mailed to the prospective renters which shall be settled at the due date. The rental agreement takes effect only after full and timely settlement of the invoice. In case of overdue or incomplete account, WM reserves the right to hire out the berth to other applicants. The rental agreements mentioned in 1.1 are not tacitly renewed at their expiry date. For the renewal of an annual rental agreement, an application in writing must be submitted to WM before the 1st of December. Subject to its agreement (WM has no obligation to agree), WM will mail to the applicant an invoice for this new rental period. This invoice shall be settled by the indicated deadline. In the event of overdue or incomplete payment, WM reserves the right to hire out the berth again. Even for boats of smaller length, 12 m long gangways may be available for rent at an adapted rate.
1.4 A connection to an electrical marina power outlet is allowed only with the authorisation of WM. If the electric consumption is higher than the deposit (see article 2.6), an intermediate payment may be requested. In case of overdue payment, the connection may be cancelled.
1.5 The berth is rented for a specific boat, not to the owner. WM nominates the berths and may change their allocation later.
1.6 WM shall be at liberty at any time to require the renters to vacate their assigned berth and to take up another berth within the marina. If the boat has not been moved by the stated date, WM or it...
BERTHS. (A) The loading and discharging berths shall be such terminal, wharf or other place or alongside such vessel or craft designated by Charterer and accessible and ready when the Vessel arrives. All wharfage and charges for use of berth shall be paid by Charterer. Any time lost by the Vessel because of inaccessibility or non-readiness of berth shall count as used laytime or time on demurrage.
(B) Charterer agrees to use due diligence to furnish the Vessel with a safe berth at loading and unloading points. Charterer shall not be liable for any loss or damage caused by any unsafe condition at any berth to the extent that such loss or damage could have been avoided by the exercise of due diligence by Owner or by the Master or other person in charge of the Vessel, nor shall Charterer be liable for the consequences of errors in navigation or management of the Vessel or any other acts, neglect, fault, default, or barratry of the captain, pilots, mariners or other employees or representatives of Owner, nor for the consequence of any unsafe condition not resulting from failure of Charterer to use due care in the selection of the berth.
(C) If shifting between berths (not from anchorage to first berth) for loading and discharging is required by Charterer, through no fault or neglect of Owner, the Vessel, its officers, crew or other employees or independent contractors of Owner all time used in shifting [****] Confidential Treatment Requested 11 shall count as used laytime or time on demurrage. In addition, in the event of such a shift, Charterer shall reimburse Owner for expenses for additional tugboats (and/or pilotage if any) incurred by reason of using more than one berth, unless the shift is necessitated by the fault or neglect of Owners, the Vessel, the officers, crew, other employees or the independent contractors of Owner, excluding any pilotage charges otherwise provided for in Article 46.