TOWING AND OTHER SERVICES TERMS AND CONDITIONS NOTICE:

SAVE AS MAY OTHERWISE BE AGREED BETWEEN WITH YOU, THE SERVICES WE PROVIDE ARE ENTIRELY AT OUR CUSTOMER’S RISK AND YOU SHOULD ARRANGE YOUR OWN INSURANCE FOR ALL RISKS OF LOSS OR DAMAGE. OUR SERVICES ARE SUBJECT TO THE CONTRACTUAL CONDITIONS SET OUT BELOW, WHICH CONTRACTUAL CONDITIONS RELIEVE US OF ALL LIABILITY.
1. These contractual conditions govern all nature of services provided by us including but not limited to towage, charter of vessels, moorage, storage, berthing, unberthing, and/or vessel assistance.
2. We, our officers, directors, masters, crews, other servants, agents, and subcontractors, are not liable to our Customer, or to any party, for delay or non-performance of any contract or services, damage, expense, injury, death, or loss of any nature, sustained or incurred by our customer or any party, arising or resulting from any loss, damage or delay howsoever caused, including, by our negligence, gross negligence, and/or the unseaworthiness of any towing, carrying, mooring, berthing, unberthing, or assisting vessel.
3. We, our directors, officers, masters, crews, other servants, agents, and subcontractors shall be deemed to be the servants of our Customer. Our Customer shall indemnify us, our directors, officers, masters, crews, other servants, agents, and subcontractors, for any claims or actions brought against us by any third party by reason of an act or neglect of the customer and its directors, officers, barge master, employees, other servants, agents, and subcontractors, unless such claim or action arises also from our negligence or that of our directors, officers, masters, crews, other servants, agents, and subcontractors.
4. For the purposes of these terms and conditions, we are, or shall be deemed to be, acting as agent or trustee on behalf of and for the benefit of, all who are or might be our officers, directors, masters, crews, other servants, agents, or subcontractors and all such shall, to this extent, be deemed to be parties to all contracts.
5. Should the exclusions set out in these terms and conditions be found to be inapplicable or ineffective, then, in that event, our liability for all and any services, and as aforesaid, shall, and it is agreed, be limited to $1,000 per contract.
6. Our payment terms are net 30 days with interest at the rate of 2% per month compounded (effective annual rate is 26.8%) charged on all overdue accounts.