Common use of Stevedore Damage Clause in Contracts

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.