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Article 1
Definitions

In these conditions are meant by boatsmen service(s), among other things: the fastening and unfastening of vessels; the shifting of vessels, the supplying of crew, including helmsmen to vessels, in order to shift these and/or for other purposes, the conveying or transporting of persons, including pilots, and goods from/to ships that may or may not be moored in midstream, the performing of pilot services, the assisting with the launching of (oil) barriers, the hiring out of boats with skilled crew for any activities, and in general all assistance (to be) rendered to vessels, all of this including all that is related to the abovementioned activities, actions and assistance.
By service provider is meant, in these conditions, the corporation of Montis Mooring & Boat service BV and/or her employees, or corporations or persons, either directly or indirectly employed by Montis Mooring & Boat service BV.
By principal is meant, in these conditions, those person(s) who are connected and/or liable toward the service provider in regard to the assignment meant in Article 3.

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Article 2
Applicability of conditions and legal definitions

1
These conditions are applicable to all legal relations between the service provider and the principal, both before execution of the agreement, and after completion or termination.

2
The applicability of the general conditions, as exercised by the principal, is on account of these conditions explicitly rejected.

3
The service provider will at all times be entitled to invoke or also invoke or stipulate to exclude or restrict the liabilities (including superannuation and such), which are included in agreements between the principal and third parties, or in those between the service provider and third parties, as well as legal stipulations, appropriate to such agreements, insofar as these conditions do not specifically oppose these.

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Article 3
Principal

1
Those who, for third parties besides the principal, whether or not explicitly in the name of the principal, instruct the service provider to render boatsmen services, commit themselves, jointly and per capita, to the service provider to meet all liabilities that result from the assignment and accept by and through the mere furnishing of the assignment to the service provider, their personal liability towards him for this fulfilment.

2
Next to and unabated by the personal obligation of he who acts for a third party, as described in the previous paragraph, all obligations resulting from the assignment to the service provider will remain binding, even if his identity was not known until some time after furnishing the assignment; this commitment is understood to be accepted, with and through the assignment, for and in name of the principal.

3
Those who, in the sense of the first paragraph, act for third parties besides the principal, vouch for their power to legally commit this principal on account of and closely following the second paragraph; with and through the mere furnishing of the assignment, they also make known that they have been given a free hand to establish an agreement based on the applicability of these conditions.

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Article 4
Tariffs; extra remuneration; claims; payment; advancement; collecting-charges

1
For the rendered or to be rendered boatsmen services, the most recently established tariffs, as filed with the Chamber of Commerce at Terneuzen apply, with the exception of those deviations or deviating conditions that have been agreed upon. These tariffs are considered to be part of the present conditions, unless the contrary has explicitly been laid down.

2
Whenever ships or other objects, through suffered damages or by any other cause, offer an increased risk, or require increased effort when or after rendering the boatsmen services, the tariffs will be increased by an extra remuneration, whether or not by arranging a special agreement.

3
The amounts due to the service provider, on account of the assignment and according to these conditions, are considered to be due at the moment of the assignment. The service provider is entitled to request payment in advance, either in cash or by means of an invoice, for boatsmen services to be rendered or as an advancement for (a) specifically commissioned assignment(s). As long as the principal has not satisfied any request for payment in advance, the service provider is entitled to postpone the fulfilment of his obligations.

4
Invoices made out by the service provider must be paid within 30 days from the date on that invoice in the way indicated by the service provider. Payment must be made effectively in the agreed currency and without any adjustments, discounts and/or suspension.

5
In case of delayed payment of any invoice, all other monetary liabilities by the principal become immediately claimable, whether or not the service provider has already invoiced the amounts. The same applies to all - invoiced or not - monetary liabilities by the principal in case of his bankruptcy, suspension of payment or any inability to pay.

6
In case of delayed payment, the principal is, without notice, indebted for the interest to the amount of the promissory bank rate of the Nederlandsche Bank NV, plus 2%, with a minimum of the statutory interest per year.

7
Extrajudicial collecting-charges will be charged to the principal in conformity with the collecting rate laid down by the Nederlandse Orde van Advocaten (the Dutch order of barristers-at-law).

8
Payments by or on behalf of the principal shall include any extrajudicial collecting-charges, any judicial charges, any interest due by him, followed by the sums due in order of maturity, irrespective of any indications otherwise by the principal.

9
The principal may only raise objections to an invoice if done so within fourteen days from the date on the invoice.

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Article 5
Security

1
Both before and after the completion of the assignment, security or, if already designated, additional security, may be demanded for the settlement of what is owed by the principal to the service provider according to these conditions.

2
As long as the principal has not complied with this, the service provider is entitled to postpone the fulfilment of his obligations.

3
If the principal has not complied to the request as indicated in the first paragraph, within five days and in writing of the applicable petition, his monetary liabilities will be immediately claimable, whether or not the amounts have been invoiced.

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Article 6
Scheduling of activities

1
The boatsmen services are in principle rendered in order of the assignments given, but the service provider is entitled to keep to any other sequence he sees fit, if and whenever he deems the circumstances give rise to such.

2
If the relevant ship is not present on the agreed location at the agreed time, or if it is not seaworthy or, according to qualified opinion not properly made seaworthy, or if the relevant ship has not arrived, or will not arrive at all, or if the principal causes delay for, or hampers, obstructs or prevents, the boatsmen services in any way, the principal is because of this fact, considered to make default and is under obligation to make compensations to the service provider according to the most recent tariffs.

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Article 7
Execution of activities and services

1
The service provider commits himself to act conducively to the safely reaching of the destination, however without giving any concrete guarantee to such extent.

2
The service provider is not obliged to render boatsmen services if and when, to his own opinion or the opinion of the harbour master, the weather of other circumstances entail too much danger or otherwise make the execution of the services inadvisable.

3
The service provider, at all times and completely according to his own judgement makes decisions regarding the employment of manpower and material for the execution of his boatsmen services.

4
The execution of the boatsmen services starts at the moment the personnel and/or material dedicated to the fulfilling of the assignment, leave for the job, and ends at the moment of return of personnel and/or material at the starting location, or, if for any reason another location was reached, for any purpose, whether or not to await (the execution of) a next assignment, or the point halfway the geographical distance between the present job and an immediately following assignment, is crossed.

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Article 8
Liability

1
The service provider only accepts liability for damages caused by proven intent, or by gross fault of managing subordinates when acting contrary to these conditions.

2
The service provider never accepts liability to damages caused by intent or fault of his members and/or subordinates and of third parties employed by him, and their subordinates.

3
The service provider never accepts responsibility for any delay - in whatever form or caused by whatever reason or whatever person - in, or at the onset of, execution of the boatsmen services.

4
The service provider never accepts liability for loss of time, or the consequences thereof, nor for any other consequential damages and/or indirect damages, such as loss of profit, the missing or cancellation of a charter or any other agreement, the failure to obtain or keep a loading offer, or the becoming indebted to contractual penalties or damages.

5
The principal shall accept liability for all damages, including death, injury and loss, in whatever way and by whomever inflicted or caused, to the personnel and/or material employed by the service provider.

6
If and insofar as the clauses sub (2) - (5) remain without application or effect for any reason, the service provider never accepts liability for damages, loss, injury, death, delay or any other harm, for an amount larger than the invoiced amount for the applicable boatsmen service.

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Article 9
Conditions concerning third parties

The stipulations concerning exclusion and limitation of liability, contained in these conditions, as well as the applicable protection of the service provider and lapse of claim rights, apply, in the same way as the clause in Article 8 sub (5), also for and on behalf of subjects, members, organs, or professional or trade organisations representing the service provider, as well as in any way called in third parties and their subordinates.

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Article 10
Protection

The principal will protect the service provider against claims from third parties regarding damages, including death, injury and loss, for which he would not have been responsible, had these third parties been principals themselves.

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Article 11
Lapse of claim rights

Each claim right toward the service provider will lapse, merely by the passing of twelve months from the moment the cause for the claim arose.

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Article 12
Applicable law and jurisdiction

The Dutch law is applicable to any instructions given to or accepted by the service provider. All differences will in the first instance be tried by the authorised judge of Middelburg, notwithstanding the power of the provider to present claims toward his own person to the authorised judge of the residence of the principal.

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Article 13
Concluding stipulations

These conditions, which are filed with the Chamber of Commerce in Terneuzen, are open to inspection and will be sent immediately to parties interested. This also applies to the tariffs mentioned in Article 4 sub (1). The service provider is entitled to make alterations in these conditions, which are then applicable from any moment of notification or announcement.

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