i-law

Law of Tug and Tow and Offshore Contracts, The

Law of Tug and Tow and Offshore Contracts, 5th edition (c) 2026

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Appendix 6

TOWHIRE 20081

A document titled“Appendix 6, Towhire 2008” is Part I of an“International Ocean Towage Agreement (Daily Hire)” form published by BIMCO. The form consists of 28 numbered fields arranged in boxes, designed to capture specific information. The fields request details about the date and place of the agreement, the Tugowner and Hirer, the tow (such as name, type, and tonnage), the tug, the nature of services, and the voyage, including the place of departure, destination, and contemplated route. The left margin contains publisher information and notes. The bottom of the page indicates that the form is continued.

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 A legal document titled TOWHIRE, INTERNATIONAL OCEAN TOWAGE AGREEMENT (DAILY HIRE), PART I. The form consists of a grid with numbered boxes from 29 to 44, detailing terms like mobilisation payment, daily hire rate, and termination fee. Below the grid is a paragraph of mutual agreement between the Tugowner and the Hirer, followed by two signature boxes for each party. A small-print disclaimer about the computer-generated form is at the bottom of the page.

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 A legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), presents clauses numbered 1 through 4, with corresponding line numbers 1 to 48 in the right margin. Section 1 provides definitions for terms such as Tugowner, Hirer, and Tow. Section 2 covers the Basis of the Agreement. Section 3, Price and Conditions of Payment, details the daily hire rate, payment schedules, and terms for events like loss of the tug. Section 4, Bunkers, explains how fuel costs are handled, including adjustments for bunker prices.

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 A legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), displays text with line numbers from 49 to 100 in the right margin. The clauses cover various operational conditions. Early sections detail responsibilities for bunkers, lubricants, and fuel quality. Clause 5, Extension to Cancelling Date, outlines options for delays. Clause 6, Ice Clause for Tug and Tow, specifies procedures for operating in icy conditions. Clause 7, Additional Charges and Extra Costs, begins by defining the Hirer’s appointment of agents.

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 A document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), displays legal text with line numbers from 101 to 146. The page lists expenses to be paid by the Hirer, such as port charges and insurance. This is followed by numbered sections. Clause 8 is the War Risk Escalation Clause. Clause 9 discusses interest on late payments. Clause 10 covers financial security. Clause 11 outlines the Place of Departure, and Clause 12 specifies the Place of Destination, with references to numbered boxes within the agreement.

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 A document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), contains legal clauses with line numbers from 147 to 196 in the right margin. The clauses are numbered 13 through 17. Clause 13, Riding crew, details personnel responsibilities. Clause 14, Towing Gear and Use of Tow’s Gear, outlines equipment use. Clause 15, Permits and Certification, covers documentation. Clause 16, Tow-worthiness of the Tow, and Clause 17, Seaworthiness of the Tug, define the required conditions of the vessels.

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 A document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), contains legal text with line numbers from 197 to 245 in the right margin. The clauses covered include 18. Substitution of Tugs, and 19. Salvage. Clause 20 addresses Termination by the Hirer, while Clause 21 outlines the grounds for Termination by the Tugowner, such as delays or non-payment. The final section, 22. Necessary Deviation, specifies conditions under which the Tug can alter the agreed-upon route during the towage service.

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 A document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), contains legal text with line numbers from 246 to 292 in the right margin. The page focuses on Clause 23,“Liability and Indemnity.” This clause outlines the responsibilities of the Tugowner and the Hirer. Sub-clause (a) specifies the conditions under which the Tugowner indemnifies the Hirer and the Hirer indemnifies the Tugowner for liabilities arising from injury or death. Sub-clause (b) details types of loss or damage that are for the sole account of the Tugowner.

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 A legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), displays text with line numbers from 293 to 338 in the right margin. The document details liabilities and indemnities between the Tugowner and Hirer. It features numbered sections, including Clause 24, Himalaya Clause, which extends contractual benefits like exemptions and immunities to sub-contractors, agents, and other associated parties. The document also includes the heading for Clause 25, War and Other risks.

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 A legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), presents text with line numbers from 339 to 390 in the right margin. The clauses define“War Risks,” including acts of war and piracy, and“Other Risks,” such as riots and epidemics. The text outlines conditions for a tug avoiding risky areas, provisions for war risks insurance and crew bonuses, and the tug’s liberty to comply with orders from governments, underwriters, and the United Nations Security Council.

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 A legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), displays text with line numbers from 391 to 442 in the right margin. The document details various sub-clauses concerning route changes and hazardous conditions. It then presents two main numbered sections. Clause 26, Lien, outlines the Tugowner’s right to take possession of the Tow to secure payments. Clause 27, Warranty of Authority, confirms that the Hirer has the authority to enter into the agreement on behalf of the Tow’s owner.

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 A page from a legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate). Clause 28, General, states that invalid terms do not affect the rest of the agreement and clarifies the use of singular and plural terms. Clause 29, Time for Suit, specifies that claims must be notified within 6 months and suits brought within one year. Clause 30, BIMCO ISPS/MTSA Clause 2005, outlines security duties: the Tugowner must comply with security codes and provide certificates, while the Hirer must provide contact details and bears liability for their non-compliance. This clause also covers security-related costs and indemnification. The title for Clause 31, BIMCO Dispute Resolution Clause, is visible at the bottom of the page.

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 A legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate), has line numbers from 495 to 545 in the right margin. The text outlines dispute resolution procedures. Clause (a) specifies arbitration in London under English law. Clause (b) provides an alternative of arbitration in New York under United States law. Clause (c) allows for a mutually agreed upon location. Clause (d) details an optional mediation process, with sub-clauses (i) through (v) explaining the steps for initiating mediation, appointing a mediator, and managing the process.

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 A page from a legal document titled Appendix 3, Part II, TOWHIRE 2008 (Daily Rate). The text concludes a clause on mediation with sub-clauses (vi), which states each party bears its own costs and shares the mediator’s costs, and (vii), which states the process is confidential. A note clarifies that mediation may not interrupt time limits. Clause 32, Security for Claims, allows either party to bring proceedings ’in rem’ to obtain security for claims against any vessel or property. Clause 33, BIMCO Notices Clause, specifies in sub-clause (a) that all notices must be in writing. Sub-clause (b) defines ’in writing’ as any legible communication, including cable, telex, fax, email, registered or recorded mail, or personal service.