Stevedore Damage Clause Samples
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Stevedore Damage. Tampa Electric shall be responsible for damage (beyond ordinary wear and tear) to any part of the vessel caused by stevedores, employees of Tampa Electric or its independent contractors at Big Bend Terminal or at a loading facility other than the UBT Terminal. Tampa Electric, however, shall not be responsible for damage resulting from insufficient cargo hold strength or insufficient plate thickness, which damage could not reasonably be expected to be avoided by a prudent operator of a front-end loader, clam-shell or continuous bucket unloader. Such damage shall be notified, in writing, as soon as reasonably possible by the Master to Tampa Electric or their agents and to their stevedores (and no later than the time of the vessel’s departure from the berth), failing which, Tampa Electric shall not be responsible for the cost of repair or any other expenses. The Master shall endeavor to obtain the stevedores’ written acknowledgement of responsibility. Tampa Electric is obliged to pay for the reasonable costs of repairing such damage and all additional expenses reasonably incurred by United that result from such damage and any time lost shall count as used Laytime added to the used Laytime for the vessel’s call at Big Bend Terminal during which the damage occurred. United shall give ample notice to Tampa Electric of the time and place of the vessel repairs so that Tampa Electric can have its representative present during the repairs. Repairs to the vessel will occur at the berth at Big Bend Terminal only if the vessel cannot safely be moved, as confirmed by the Class surveyor or as mutually agreed by Tampa Electric and United. If repairs do occur at the berth at Big Bend Terminal, United agrees to accomplish the repairs as quickly as possible. United’s rights under this paragraph shall be its sole and exclusive remedy for damage to the vessel caused by stevedores, employees of Tampa Electric or its independent contractor at Big Bend Terminal or at a loading facility other than the UBT Terminal.
Stevedore Damage. Notwithstanding anything contained herein to the contrary, Charterers are to pay for any and all damages to the vessel caused by stevedores provided the Master has notified the Charterers and/or their Agents in writing as soon as practical but not later than 48 (forty-eight) hours after any damage is discovered. Such notice to specify the damage in detail and to invite Charterers to appoint surveyor to assess the extent of such damage.
(a) Any and all damage(s) affecting the vessel’s seaworthiness and/or class and/or the safety of the crew and/or affecting the trading capabilities of the vessel, are to be repaired immediately by Charterers and the vessel is to remain on hire until such repairs are completed and if required passed by vessel’s classification society.
(b) Any and all damage(s) not affecting the vessel’s seaworthiness or class or the safety of the crew or the trading capabilities of the vessel, are to be repaired at Charterers’ option, before or after redelivery concurrently with Owners’ work. In such case no hire and/or expenses will be paid to Owners except insofar as the time and/or expenses required for the repairs for which Charterers are responsible exceeds the time and/or expenses necessary to carry out Owners’ work.
Stevedore Damage. Charterers are not responsible for stevedore or other damage to the vessel unless the Charterers or their agents are notified in writing by the captain or owners’ agents within 48 hours of occurrence of damage or latest by vessel’s sailing port where damage occurred, except in case of hidden damage which to be notified as soon as practicable after discovered prior to redelivery. Should a stevedore damage is caused captain is obliged to try to let stevedore repair the damage and to try to settle the matter directly with them in the first stage locally. Failing this, captain will try to obtain signed acknowledgement of the damage and liability for the same of the stevedore. Any stevedore damage affecting seaworthiness/class and cargo gear worthiness/trading worthiness/crew safety to be repaired at the Charterers’ expense and time at port of occurrence. The owners to have the option to accept redelivery without Charterers repairing any minor stevedore damages and in such case the Charterers to pay for cost and time, estimated by joint off-hire surveyor, of repairing such stevedore damages Owners shall be liable for any delay in quarantine arising from the master, officers or crew having communication with the shore at any infected area without the written consent of Charterers or their agents, also for any loss of time through detention by customs or other authorities caused by smuggling or other infractions of local law on the part of the master, officers or crew. Any time lost by such causes may be deducted as off-hire.
Stevedore Damage. Vessel is guaranteed suitable for grab discharge. Deeptanks, tunnels and all other provisions within vessel’s holds are to be adequately protected against damage by stevedores’ grabs. The Master to obtain repairs from stevedores themselves and will settle matter directly with them, but Charterers are liable to the extent should Master fail to obtain repairs from stevedores. Master to report immediately to Charterers and their agents when damage caused. Furthermore, Master will take care that the party causing damage acknowledges same in writing, failing which Master with Charterers’ agents have to arrange, survey to value estimated amount of damages and time lost, otherwise Charterers cannot be held responsible for damages. All damages, which are to be repaired by Charterers and which do not refer to fair wear and tear or which are recoverable from third parties and do not affect the ship’s seaworthiness or working capacity, to remain for occasional repairs or when the ship is to dock for Owners’ account so that the Charterers pay the actual cost of repairs but not for the time used, provided time occupied in repairing stevedores’ damages does not exceed time necessary for Owners to carry out their own works/repairs.
Stevedore Damage. Stevedores to be appointed and paid by the Charterers but to work under the supervision of the Master. Should any damage be caused to the Vessel or her fittings by the Stevedores, the Master shall try to arrange for Stevedores to repair such damage and try to settle the matter directly with them however, the Charterers shall remain liable to the Owners for stevedore damage whether or not payment has been made by stevedores to the Charterers in respect of the stevedore damage. The Charterers shall not be responsible for any damage caused by Stevedores unless the Master notifies the Charterers or their Agents of such damage within 48 hours from occurrence, except for hidden damages which to be reported within 48 hours after discovery but always prior redelivery. The Master shall also endeavor to obtain written acknowledgement of the damage and liability from the concerned Stevedores on occurrence. Any and all damage(s) affecting the Vessel's seaworthiness and/or class and/or safety of the crew and/or affecting the trading capabilities of the Vessel are to be repaired immediately by Owners at Charterers cost and the Vessel is to remain on hire until such repairs are completed and if required passes by Vessel's classification society. The Charterers shall have the liberty to redeliver the Vessel without repairing the damages for which the Charterers are responsible, as long as the damages do not affect the Vessel's seaworthiness and/or class and/or safety of the crew and/or affecting the trading capabilities of the Vessel, but the Charterers undertake to reimburse costs of repair against production of repair bills by repairers of dockyard unless otherwise agreed, but time used for repairs not to count as hire.
Stevedore Damage. Stevedores at discharge shall be in the service of the Buyer and all stevedoring and related discharge costs shall be for the Buyer’s account. Damage caused to a vessel by stevedores and/or lighters nominated and/or appointed by the Buyer shall be settled directly between such stevedores and the relevant vessel’s owner. If the stevedores and the vessel’s owner are unable to settle, the Buyer shall cooperate for immediate settlement of such damage.
Stevedore Damage. Should any damage be caused to the vessel or her fittings by the Charterers or their stevedores the Master is to
a) Give written notice to the Charterers as soon as practicable after occurrence of particulars available of the damage caused and name of the party allegedly responsible for the damage.
b) Promptly, but latest within 24 hours, give written notice to the party allegedly responsible, giving particulars available of the damage and its alleged cause and where possible try to obtain the written acknowledgement of liability from such party, or failing that, try to obtain the acknowledgement of receipt of such notice.
c) As soon as practicable arrange, in conjunction with Charterers’ Agents, for the damage to be surveyed and an estimate of the repair costs given. Failing the aforementioned the Charterers are not to be responsible for such damage and/or loss of time, except for hidden damage which must be attended to as per the above procedure as soon as discovered, but latest upon completion of the voyage in question. Charterers shall have the liberty to redeliver the vessel without repairing the damages for which Charterers are responsible as long as same does not affect the vessel’s sea and cargo worthiness, but Charterers undertake to reimburse costs of repairs against production of repair ▇▇▇▇ by repairers and/or dockyard, unless otherwise mutually agreed. Stevedore damages affecting the vessel’s sea and cargo worthiness for which Charterers are liable to be made good to the satisfaction of the class surveyor immediately at Charterers’ time and expense.
Stevedore Damage. Notwithstanding any other provision of this Charter to the contrary, Charterers shall not be liable for damage caused by stevedores to the vessel or its fittings or equipment unless (a)
Stevedore Damage. 12.1 The master or owner of the vessel shall use stevedores nominated and paid by Buyer at the discharge port who shall be servants of the owner of the vessel and shall work under the supervision of the master of the vessel.
12.2 In case of any damage to the vessel caused by the stevedores at the discharge port, such damage shall be settled directly between the stevedores and master of the vessel.
12.3 In case of any damage to vessel caused by stevedores at the discharge port, such damage and consequences thereof shall be for Buyer’s account and responsibility.
12.4 Time required to complete repairs of damage, if any, for which the vessel is not responsible, shall count as Laytime used.