GENERAL TERMS & CONDITIONS FOR THE HIRE OF TOTOKA VA (ed. 06-Oct-2024)
1. Definitions
1.1 "Owner" refers to Totoka Islands Ltd, the owner and operator of the barge TOTOKA VA.
1.2 "Charterer" refers to the customer or company hiring the barge for the transport of cargo.
1.3 "Barge" refers to the barge TOTOKA VA, operated by the Owner’s crew, hired by the Charterer for the shipment of cargo.
1.4 "Hire Period" refers to the period during which the Charterer is entitled to use the barge for the transportation of cargo as specified in the charter agreement.
1.5 "Manifest" refers to the document provided by the Charterer detailing the cargo, time plan, and the responsibilities of the parties with respect to loading and offloading.
1.6 "Gross Negligence" refers to an intentional or reckless disregard of reasonable standards of care that results in damage or loss.
2. Application
2.1 These General Terms & Conditions (GTC) apply to all hire agreements related to the barge TOTOKA VA between the Owner and the Charterer, unless otherwise explicitly agreed in writing.
3. Hire Charges and Payment
3.1 The hire rate is as specified in the charter agreement.
3.2 Payments shall be made in accordance with the payment schedule outlined in the hire agreement.
3.3 Late payments may incur additional charges as outlined in the hire agreement.
4. Crew and Operations
4.1 The barge TOTOKA VA shall be operated solely by the Owner’s crew, who shall be responsible for the navigation, operation, and safety of the barge.
4.2 The Charterer shall provide the Manifest, detailing the cargo, time plan, and the responsibilities of the Owner and Charterer with respect to loading and offloading.
4.3 If the actual cargo loaded onto the barge exceeds the declared cargo weight or includes undeclared cargo not listed in the Manifest, the Owner reserves the right to reject or offload the undeclared cargo or overload at the Charterer’s expense.
5. Liabilities and Indemnities
5.1 The Owner shall not be liable for any loss, damage, delay, or expenses arising from the hire of the barge, except in cases of the Owner’s gross negligence or intentional misconduct.
5.2 The Owner’s liability for any claims arising under or in connection with the hire agreement shall in no case exceed the total hire charges paid by the Charterer for the hire period.
5.3 The Owner shall not be liable for:
- Mechanical breakdowns or delays caused by unforeseen technical issues with the barge.
- Idle time of cargo or vehicles during repairs or maintenance.
- Acts of God, government actions, strikes, or any other events beyond the control of the Owner. 5.4 The Charterer agrees to indemnify and hold the Owner harmless from any claims, liabilities, or damages arising from the cargo or its handling, except where caused by the Owner’s gross negligence or intentional misconduct.
6. Manifest, Cargo, and Landing Site Conditions
6.1 The Charterer shall provide a detailed Manifest outlining the cargo, the planned schedule (time plan), and the responsibilities of both the Owner and the Charterer in relation to loading and offloading.
6.2 The Owner will follow the time plan and responsibilities outlined in the Manifest, subject to weather conditions, operational safety, and regulatory requirements.
6.3 The Charterer is responsible for ensuring that the cargo is suitable for transport, properly documented, and in compliance with safety and regulatory standards.
6.4 The Charterer must ensure that the landing site is safe, free of obstructions, and does not pose any safety risks for the barge's crew or the operation of loading/unloading, including rope handling.
6.5 If there are any obstructions or unsafe conditions at the landing site, the Owner reserves the right to withdraw the barge from the site until it has been secured by the Charterer. Waiting time until the next high tide will be charged at the agreed rate.
7. Force Majeure
7.1 The Owner shall not be liable for any failure to perform or delays in performing its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, wars, government actions, strikes, and equipment failure that could not have been reasonably foreseen or avoided.
7.2 In the event of a force majeure, the hire period may be suspended or terminated without any liability on the part of the Owner.
8. Insurance
8.1 The Owner shall maintain insurance coverage for the barge and its crew.
8.2 The Charterer shall ensure that any cargo transported is adequately insured. The Owner shall not be liable for loss or damage to the cargo.
9. Termination
9.1 The Owner reserves the right to terminate the hire agreement with immediate effect if the Charterer breaches any terms of the hire agreement or if the cargo is found to be unsafe or non-compliant with regulations.
9.2 In the event of termination due to the Charterer’s breach, the Owner is entitled to retain any payments made and claim for any additional losses.
10. Governing Law and Jurisdiction
10.1 These General Terms & Conditions and any disputes arising under them shall be governed by and construed in accordance with the laws of the Republic of Fiji.
10.2 Any disputes that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of the Republic of Fiji.
Acceptance of Terms
By hiring the barge TOTOKA VA, the Charterer acknowledges and accepts these General Terms & Conditions.