INTERTANKO Terminal Conditions of Use Clause
(a) For the purposes of this clause, ‘Conditions of Use’ (COU) shall mean any agreement, terms or document that the Owner, or the Master on behalf of the Owner, is required to sign or otherwise accept in order for the Vessel to call, access or otherwise make use of a port, berth, terminal and/or terminal facilities.
(b) The Owner shall comply with any COU.
(c) The Owner has the right to review, negotiate and, if an agreement can be reached, to amend any COU and to resist demands to agree to COU terms that according to the Owner:
(i) may prejudice the Owner’s right to limit liability for damage to the terminal, other property and/or loss of life and personal injury.
(ii) may expose the Vessel to unsafe terminal practices.
(iii) may impose extra contractual liabilities on the Owner for which the Owner would not otherwise be responsible.
(d) If the Master is required or compelled to sign or otherwise accept, on behalf of the Owner, a COU containing provisions referred to in sub-clause 3 above, he shall have the right to issue a Statement or Protest. Any Statement or Protest issued in accordance with this clause shall be copied to the Charterers immediately.
(e) (to apply to voyage charters)
All time lost as a result of a refusal by or on behalf of the Owner to agree or sign to any COU shall count as laytime or (if the Vessel already on demurrage) as time on demurrage. Any additional port costs arising from such delay shall be for Charterers’ account.
(to apply to time charters)
Delay as a result of a refusal by or on behalf of the Owner to agree or sign any COU shall not be considered as time lost for the purpose of any off-hire provision. Any additional port costs arising from such delay shall be for Charterers’ account.
(f) Notwithstanding any other provision of this Charterparty, all liability, delay, costs and expenses (including legal costs) arising out of or relating to the COU in excess of the limits of cover available from the Owner’s P&I Club or other insurer shall be for Charterers’ account. Charterers shall indemnify, defend and hold harmless the Owner against any loss and/or damage whatsoever (including consequential loss and/or damage) and all other claims of whatsoever nature, in excess of the limits of liability under the LLMC 1976 (and any amendment thereto), or any other limitation of liability regime whatsoever which might apply to the Owner, arising from the COU.
(g) If any term of the COU falls outside or prejudices the Owner’s standard P&I Club cover, the Owner shall be entitled to place such additional insurance cover as it requires, and any reasonable and documented additional premiums or costs of such cover shall be for Charterers’ account.