General Terms & Conditions for the hire of TOTOKA VA

Owner refers to Totoka Islands Ltd, owner and operator of the barge TOTOKA VA. Charterer is the customer hiring the barge. Hire Period is the period specified in the charter agreement. Manifest is the Charterer’s cargo, time plan and loading responsibilities document. Gross Negligence is an intentional or reckless disregard of reasonable care.

These General Terms & Conditions apply to all hire agreements for TOTOKA VA unless otherwise agreed in writing.

The hire rate and payment schedule are as specified in the charter agreement. Late payments may incur additional charges as outlined there.

TOTOKA VA is operated solely by the Owner’s crew. The Charterer provides the Manifest. If actual cargo exceeds declared weight or includes undeclared cargo, the Owner may reject or offload it at the Charterer’s expense.

The Owner is not liable for loss, damage, delay or expenses except in cases of the Owner’s gross negligence or intentional misconduct. Liability shall not exceed total hire charges paid for the hire period.

The Charterer indemnifies the Owner against claims arising from the cargo or its handling, except where caused by the Owner’s gross negligence or intentional misconduct.

• Mechanical breakdowns or delays from unforeseen technical issues
• Idle time of cargo or vehicles during repairs
• Acts of God, government actions, strikes, or events beyond the Owner’s control

The Charterer must provide a detailed Manifest and ensure cargo is suitable, documented and compliant. The landing site must be safe and free of obstructions. If it is not, the Owner may withdraw until it is secured; waiting time until the next high tide is charged at the agreed rate.

Force majeure may suspend or terminate the hire without Owner liability. The Owner insures the barge and crew; the Charterer insures cargo. The Owner may terminate for breach or unsafe cargo. These terms are governed by the laws of the Republic of Fiji, with exclusive jurisdiction of the Fijian courts.

By hiring TOTOKA VA the Charterer accepts these General Terms & Conditions (edition 06 October 2024).