Singapore Pilot General Operating Conditions
Singapore Pilot General Operating Conditions
CONTENTS
C. PRICE LIST
1 DEFINITION
(a) “Company” means PSA Marine (Pte) Ltd or any subsidiary of PSA
Marine (Pte) Ltd;
(c) “Hirer” means any person at whose request for services has been
granted by the Company or on whose behalf the Company provides
a service; or the owner of the vessel or their authorised agent or
representative. The term “Hirer” has the same meaning as the term
“Customer” referred to in the General Conditions for Services and
Facilities provided by PSA Corporation Limited;
(e) “Price List” means the document titled as such and setting out the
charges payable to the Company from time to time for the Services
provided by the Company the current edition of which has been
made available to the Hirer (which the Hirer hereby acknowledges
as having read and agreed to)
(f) “Vessel” means any vessel, ship or craft in respect of which the
Company agrees to provide Services;
(g) “Service” means any service that the Company may provide at the
Hirer’s request.
1.1 These Conditions shall inure to the benefit of any subsidiary of the
Company and shall be binding upon such entity without the need for and
express assignment.
1.2 Words importing the singular number shall include the plural number and
vice versa. Words importing the masculine gender shall include the
feminine or neuter gender.
(i) The Hirer warrants that he is either the owner, master or the
authorised agent of the owner and/or the master of the vessel and
that he is authorised to accept and is accepting these Conditions
not only for himself as an agent but also for and on behalf of the
owner and/or master of the vessel and that the ordering of a
Service constitutes an acceptance of these General Operating
Conditions.
(ii) The Hirer shall give the following instructions to the Company
upon a request for Service in the manner as prescribed by the
Company:
3 TUG SERVICES
3.1 The company shall provide Tug Services to the Hirer and the Hirer
hereby accepts the Company providing Tug Services subject to the
terms and conditions as set out in the UK Standard Conditions for
Towage and other Services (Revised 1986) (hereinafter referred to as
the “UK Standard Conditions”) as set out in Section B of these
Conditions. The terms “Tugowner” and “Hirer” in the UK Standard
conditions shall refer to the Company and the Hirer respectively as
defined in Clause 1 herein.
4 PILOTAGE SERVICES
“The duration of the pilotage service” shall cover the period commencing
when the Pilot starts to board the Hirer’s vessel and ending when the
Pilot has disembarked from the vessel after completion of the pilotage
service.
The Company shall not in any event be responsible or liable for delays of
any description or for loss or damage occasioned or caused by force
majeure, which shall include but not be limited to acts of God, action of
elements, war, strikes, lock-outs, labour disturbances, riots, civil
commotion (whether or not it is a party thereto) acts of the public enemy,
rules or regulations of any governmental authority having jurisdiction or
control in the area of operation, compliance with which makes
continuance of operation impossible, or any other cause beyond the
reasonable control of the Company and the consequences thereof
whether or not the Pilot, the Company, its servants or agents shall have
been negligent.
The Company and/or the Pilot is/are entitled without being liable for any
loss or damage of whatsoever nature, to interrupt the pilotage service in
order to go to the assistance of vessels in distress.
(ii) Any sum which may be payable by the Hirer under these Conditions
in respect of such loss or damage personal injury or loss of life shall
be treated as a debt and not as indemnity. No sum so payable shall
be deemed to have been paid or diminished by reason or any sum
having been recovered by the Company from its insurers and the
Hirer shall not be entitled to be subrogated to any rights of the
Company against its insurers or any party legally liable in the
circumstances of the case.
5 OTHER SERVICES
5.1 The Company provides inter alia services such as supply of water by
water boat, marine advisory service and marine consultancy. These
services are provided subject to the Company’s terms and conditions
which would be notified to the Hirer/Customer at the time when such
services are requested from the Company. The Hirer shall be bound by
such terms and conditions as well as these Conditions herein.
6.2 Any service which is not provided for in the Price List shall be charged at
the rate fixed by the Company at the time of providing such service.
6.3 The Hirer shall pay to the Company, in cash or as otherwise agreed, all
sums immediately when due without deduction or deferment on account
of any claim, counterclaims or set-off. On all and any amounts overdue
to the Company, the Company shall be entitled to impose interest at the
rate notified to the Hirer from time to time.
7 MISCELLANEOUS
7.1 The Hirer shall defend, indemnify and hold harmless the Company
against all liability, loss, damage, costs and expenses arising out of the
Company acting in accordance with the Hirer’s instructions or arising
from a breach of warranty or obligation by the Hirer or arising from the
negligence of the Hirer.
7.2 The Hirer shall be liable for and shall defend, indemnify and hold
harmless the Company in respect of all duties, taxes, imposts, levies,
deposits and outlays of whatsoever nature levied by any governmental
authority and all payments, fines, costs, expenses, loss and damage
whatsoever incurred or sustained by the Company in connection
therewith.
7.3 Advice and information, in whatever form as may be given, are provided
by the Company for the Hirer only and the Hirer shall defend, indemnify
and hold harmless the Company for all liability, loss, damage, costs and
expenses arising out of any other person relying on such advice or
information.
7.4 The Company shall be entitled, except insofar as has been otherwise
agreed in writing, to enter into contracts on behalf of itself or the Hirer
and without notice to the Hirer for the performance of its own obligations,
and to do such acts as in the sole opinion of the Company may be
necessary or incidental to the performance of the Company’s obligations
7.5 The Company shall at any time comply with the orders, advice or
instructions given by any governmental authority constituted under the
Laws of Singapore.
7.6 The Company shall not be liable for any loss or damage whatsoever
arising from:
(i) the act or omission of the Hirer or any person acting on their
behalf;
(ii) compliance with the instructions given to the Company by the
Hirer or any other person entitled to give them;
7.7 The provisions contained in these conditions shall remain in force at all
times notwithstanding any deviation or interruption or failure in the
performance of the Service or in the rendering of assistance of
whatsoever nature at the request of the Hirer either express or implied.
8 LIMITATION OF LIABILITY
10 APPLICABLE LAW
10.1 These Conditions and any claim or dispute arising out of or in connection
with the services of the Company shall be subject to Singapore Law and
the exclusive jurisdiction of the Singapore Courts.
End – Section A
1(a) The agreement between the Tugowner and the Hirer is and shall at all
times be subject to and include each and all of the conditions hereinafter
set out.
(iv) The expression `whilst towing' shall cover the period commencing
when the tug or tender is in a position to receive orders direct from
the Hirer's vessel to commence holding, pushing, pulling, moving,
escorting, guiding or standing by the vessel or to pick up ropes,
wires or lines, or when the towing line has been passed to or by
the tug or tender, whichever is the sooner, and ending when the
final orders from the Hirer's vessel to cease holding, pushing,
pulling, moving, escorting, guiding or standing by the vessel or to
cast off ropes, wires or lines has been carried out, or the towing
line has been finally slipped, whichever is the later, and the tug or
tender is safely clear of the vessel.
(vi) The word 'tug' shall include 'tugs', the word 'tender' shall include
`tenders', the word 'vessel' shall include 'vessels', the word
'Tugowner' shall include 'Tugowners', and the word 'Hirer' shall
include 'Hirers'.
(vii) The expression 'tugowner' shall include any person or body (other
than the Hirer or the owner of the vessel on whose behalf the
Hirer contracts as provided in Clause 2 hereof) who is a party to
this agreement whether or not he in fact owns any tug or tender,
and the expression 'other Tugowner' contained in Clause 5 hereof
shall be construed likewise.
(a) The Tugowner shall not (except as provided in Clauses 4 (c) and
(e) hereof be responsible for or be liable for
or
or
(iii) any claim by a person not a party to this agreement for loss
or damage of any description whatsoever; arising from any
cause whatsoever, including (without prejudice to the
generality of the foregoing) negligence at any time of the
Tugowner his servants or agents, unseaworthiness,
unfitness or breakdown of the tug or tender, its machinery,
boilers, towing gear, equipment, lines, ropes or wires, lack
of fuel, stores, speed or otherwise and
(b) The Hirer shall (except as provided in Clauses 4(c) and (e)) be
responsible for, pay for and indemnify the Tugowner against and
in respect of any loss or damage and any claims of whatsoever
nature or howsoever arising or caused, whether covered by the
provisions of Clause 4(a) hereof or not suffered by or made
against the Tugowner and which shall include, without prejudice to
the generality of the foregoing any loss of or damage to the tug or
tender or any property of the Tugowner even if the same arises
from or is caused by the negligence of the Tugowner his servants
or agents.
(c) The provisions of Clauses 4(a) and 4(b) hereof shall not be
applicable in respect of any claims which arise in any of the
following circumstances:-
(i) All claims which the Hirer shall prove to have resulted
directly and solely from the personal failure of the
Tugowner to exercise reasonable care to make the tug or
tender seaworthy for navigation at the commencement of
the towing or other service. For the purpose of this Clause
the Tugowner's personal responsibility for exercising
reasonable care shall be construed as relating only to the
person or persons having the ultimate control and chief
management of the Tugowner's business and to any
servant (excluding the officers and crew of any tug or
tender) to whom the Tugowner has specifically delegated
the particular duty of exercising reasonable care and shall
not include any other servant of the Tugowner or any agent
or independent contractor employed by the Tugowner.
(ii) All claims which arise when the tug or tender, although
towing or rendering some service other than towing, is not
in a position of proximity or risk to or from the Hirer's vessel
or any other craft attending the Hirer's vessel and is
detached from and safely clear of any ropes lines, wire
cables or moorings associated with the Hirer's vessel.
Provided always that, notwithstanding the foregoing, the
provisions of Clauses 4(a) and 4(b) shall be fully applicable
in respect of all claims which arise at any time when the tug
or tender is at the request, whether express or implied, of
the Hirer, his servants or his agents, carrying persons or
property of whatsoever description (in addition to the
Officers and crew and usual equipment of the tug or
tender) and which are wholly or partly caused by or arise
out of the presence on board of such persons or property
or which arise at anytime when the tug or tender is
proceeding to or from the Hirer's vessel in hazardous
conditions or circumstances.
5 The Tugowner shall at any time be entitled to substitute one or more tugs
or tenders for any other tug or tender or tugs or tenders. The Tugowner
shall at any time (whether before or after the making of this agreement
between him and the Hirer) be entitled to contract with any other
Tugowner (hereinafter referred to as 'the other tugowner) to hire the
other Tugowner's tug or tender and in any such event it is hereby agreed
that the Tugowner is acting (or is deemed to have acted) as the agent for
the Hirer, notwithstanding that the Tugowner may in addition, if
authorised whether expressly or impliedly by or on behalf of the other
Tugowner, act as agent for the other Tugowner at any time and for any
purpose including the making of any agreement with the Hirer. In any
event should the Tugowner as agent for the Hirer contract with the other
7 The Tugowner will not in any event be responsible or liable for the
consequences of war, riots, civil commotions, acts of terrorism or
sabotage, strikes, lockouts, disputes, stoppages or labour disturbances
(whether he be a party thereto or not) or anything done in contemplation
or furtherance thereof or delays of any description howsoever caused or
arising, including by the negligence of the Tugowner or his servants or
agents.
9(a) The agreement between the Tugowner and the Hirer is and shall be
governed by English Law and the Tugowner and the Hirer hereby accept
subject to the proviso contained in sub-clause (b) hereof the exclusive
jurisdiction of the English Courts (save where the registered office of the
Tugowner is situated in Scotland when the agreement is and shall be
governed by Scottish Law and the Tugowner and the Hirer hereby shall
accept the exclusive jurisdiction of the Scottish Courts).
9(b) No suit shall be brought in any jurisdiction other than that provided in
subclause (a) hereof save that either the Tugowner or the hirer shall
have the option to bring proceedings in rem to obtain the arrest of or
other similar remedy against any vessel or property owned by the other
party hereto in any jurisdiction where such vessel or property may be
found.
End – Section B
C. PRICE LIST
This Price List sets out the charges payable to the Company from time to time
for the use of Services including those referred to in the General Operating
Conditions of the Company.
1.1 Definition
“LOA” means the length of a Vessel measured from the extreme point
forward of the Vessel to the extreme point aft of the Vessel.
The Company will levy GST on its goods and Services provided in
accordance with the Goods & Services Tax Act.
The Company may require the Hirer to open a credit account and/or
furnish security for settlement of amounts due to the Company before
rendering any Services or granting of discounts/rebates in connection
with the charges specified in these General Operating Conditions.
PILOTAGE RATES
(EFFECTIVE 1ST JAN 2015)
FOR EVERY
FOR THE SUBSEQUENT
1ST HOUR 1/2 HOUR
OR PART OR PART
THEREOF THEREOF
To be vetted by MPA
PILOTAGE RATES
(EFFECTIVE 1ST JAN 2016)
FOR EVERY
FOR THE SUBSEQUENT
1ST HOUR 1/2 HOUR
OR PART OR PART
THEREOF THEREOF
and up to 80,000 GT
To be vetted by MPA
Where the Service of a PSA Marine (Pte) Ltd’s pilot is ordered and
such order is subsequently cancelled or amended at the request of the
Master/Owner/Agent of the Vessel, the following amendment/
cancellation charges shall be payable in addition to item 2.1.
(EFFECTIVE
1ST JAN 2015)
PER
CANCELLATION/
AMENDMENT
(a) If cancelled or amended at least 4 hours before NIL
Confirmed Service Time
Where the Service of a PSA Marine (Pte) Ltd’s pilot is ordered and
such order is subsequently cancelled or amended at the request of the
Master/Owner/Agent of the Vessel, the following amendment/
cancellation charges shall be payable in addition to item 2.1.
(EFFECTIVE
1ST JAN 2016)
PER
CANCELLATION/
AMENDMENT
(a) If cancelled or amended at least 4 hours before NIL
Confirmed Service Time
TOWAGE RATES
(EFFECTIVE OCT 1997)
(x) Oil rig, flat top and dumb barges $1,260.00 $630.00
above 6,000 GT and vessel of
unusual characteristics regardless of
its tonnage
rescue services
Charges for the use of tugs for all operations shall be computed from
the time the tug leaves its base to the time it returns to the base. The
travel duration shall be based on the Company’s standard travel time
from base to each job location and return to base.
Charges for item (a) are based on the prevailing water tariff and the
Company reserves the right to revise the charges in the event of a
water tariff revision.
For the supply of water, the Company shall accumulate the water
orders placed by each Vessel for the same day.
All orders should be placed in blocks of 50,000 litres and the Company
reserves the right to limit the sale of water to any Vessel.
(B) in the area marked ‘B’ on the map – $700 per waterboat
operation
(C) in the area marked ‘C’ on the map – $1200 per waterboat
operation
(a) Per hour of part thereof for the 1st 2 hours of operation - $100
(b) Per subsequent ¼ hours or part thereof after the first 2 hours of
operation - $50
PORTNET
PORTNET Officers
Tel: 6771 7711 / 6321 1173
e-mail address: [email protected]
2.1 The Company may require the Customer to open a credit account
and/or furnish security for settlement of amounts due to the Company
before rendering any Services or granting of discounts/rebates in
connection with the charges specified in these General Operating
Conditions.
2.2 The Customer shall pay all bills rendered by PSA within 30 days from
the date of the bills provided that the total value of such bills does not
exceed the credit limit. Any bills in excess of such credit limit must be
paid immediately.
2.3 The Customer shall identify and accompany payments with copies of the
original bill stubs. If the payments are not so identified, PSA reserves the
right to offset such unidentified payments against the Customer's earliest
bills without reference to the Customer.
3. Enquiries
3.1 The Customer shall direct any enquiries on any bill to the Accountant,
Finance Department, PSA Marine (Pte) Ltd, e-mail address
[email protected], not later than 14 calendar days from the
date of the bill, failing which the bill shall be deemed to be correct.
3.3 If any enquiries are settled in favour of the Customer, PSA’s liability to
the Customer is limited only to the refund of payments and PSA shall not
be obliged to pay to the Customer any interest charge whatsoever on all
such payments.
4. Interest
The Customer shall pay to PSA an interest charge at the rate notified to
the Customer from time to time on all bills which remain unpaid after the
period of 30 days from the date of the bills up to the date of payment in
full, without prejudice to the Customer’s obligation to settle all bills as
provided in clause 2.
5. Security
5.2 If PSA decides at any time hereafter that the security furnished pursuant
to clause 5.1 is inadequate, the Customer shall on demand, furnish
additional security to PSA and/or make immediate payment of the deficit
sum to PSA.
6. Suspension or closure
Notwithstanding clause 2.1, PSA may suspend or close the account and
demand immediate settlement either from the Customer or the
organisation providing the security set out in clause 5.
7. Changes
7.1 The Customer shall inform the Accountant (Credit Control) at least one
week in advance of:
(a) any expected increase in the volume of the activity (e.g. increase
in the number of vessel calls, tonnage handled)
7.2 Any change of or addition to these terms and conditions shall be binding
on the Customer upon notification by PSA.
8. Notice
9. General
9.2 All rights and remedies of PSA shall be cumulative and no exercise of
any such rights and remedies shall restrict or prejudice the exercise of
any other right or remedy under these terms and conditions or otherwise
available to the PSA under the law.
9.3 No waiver of any breach of any of these terms and conditions shall
constitute a waiver of any prior concurrent or subsequent breach of the
same or any other provision contained in these terms and conditions.
10 Other Conditions
(a) the General Conditions for Services and Facilities and the Specific
Conditions for Terminal Services and Facilities of PSA
Corporation Limited; and
10.2 The expressions used in these terms and conditions shall have the same
meaning as ascribed to them in the said General and Specific
Conditions, and the General Operating Conditions.
End – Section C