Law of Tug and Tow and Offshore Contracts, The

Simon Rainey

Document

Page 1159

Index

abandonment of the tow

1.78

4.293

8.72

absence of delay payments and free time

4.474

additional charges
Towcon 2008 4.101
additional equipment
Supplytime 2017, and 5.58–5.66
adjusters’ rules of practice
general average 13.19
adjustment of hire
Supplytime 2017, and 5.74, 5.110–5.112, 5.267
Admiralty Court
jurisdiction 1.80–1.81
admiralty jurisdiction
claims in nature of towage 14.30–14.34
features in respect of towage 14.7–14.36
historical background 14.1–14.4
jurisdiction in rem 14.7–14.8
no maritime lien 14.9–14.11
other available heads 14.35–14.36
present-day 14.5–14.6
towage in respect of ship 14.12–14.29
advance notices
Heavycon 2007 7.66–7.68
discharging 7.67
loading and discharging responsibilities 7.49–7.55
adverse weather see also delays
delays 10.113
deviation from original rate 4.148
agency
Heavycon 2007, and 7.105
aggregation of tug and tow for purposes of limitation fund 12.18 – 12.56
Alexander G. Tsavliris Ltd v OIL Ltd (The Herdentor)
text 1123 – 1157
allocation of responsibility
liability and indemnity 4.178
AMS clause for voyage charterparties
Heavyliftvoy 7.176–7.178
anti-deduction clause
Towhire 2021, and 4.72–4.79, 4.473
approval of transportation
Heavycon 2007, and 7.69–7.74
approval of vessels and condition of cargo 7.185, 7.214
Projectcon 7.185, 7.214
arbitration
Wreckhire 2010 10.72–10.74
area of operation
Supplytime 2017, and 5.81
assignment
Supplytime 2017, and 5.241–5.242
ASVtime form 5.363 – 5.364
charter period 5.370–5.372
employment of vessel by charterer 5.375–5.385
extended offshore operations 5.385–5.386
liabilities and indemnities 5.391–5.392
owner/charterer to provide and pay for 5.387–5.390
particulars 5.369–5.392
special aspects 5.365–5.368
structure 5.368
text 915 – 952
the vessel 5.373–5.374
audits and inspections
Supplytime 2017 5.68–5.73
authority of master
contract to be towed, to
on behalf of owners 1.46–1.52
on behalf of vessel’s cargo 1.53–1.54
take vessel in tow, to
master of tug 1.55
master of vessel not a tug 1.56–1.58

Page 1160

bailment
towage contract, and 1.12–1.30
ballast
Bargehire 2021
ballast engineer 6.120–6.122
ballast water management 6.5, 6.113, 6.116–6.117
barge engineer
ballasting, and 7.210–7.212
Projectcon, and 7.211
remuneration 7.185
services 7.212
Bargehire 2021
ballast engineer 6.120–6.122
ballast operations 6.113–6.122
ballast water management 6.5, 6.113, 6.116
cancelling 6.56–6.62
changes to barge 6.96–6.97
consequential loss 6.139
consumable oil and stores 6.76
definitions 6.25
delivery 6.32–6.43, 6.76–6.86
demobilisation 6.55
early redelivery 6.132
employment 6.63–6.64
excluded cargoes 6.63–6.64
excluded loss 6.139
force majeure 6.138
general provisions 6.7–6.24
genesis 6.1–6.6
hire 6.46–6.54
indemnity 6.140–6.142
inspection 6.87–6.89
insurance 6.123–6.131
inventories 6.76
late redelivery 6.132
limits on charterer’s employment of barge 6.63–6.75
maintenance and operation 6.90–6.102
maintenance and repair 6.9
mobilisation 6.55
non-lien 6.140–6.142
organisation 6.21–6.24
period of charterparty 6.26–6.31
position under “Bargehire 2008” 6.12–6.15
position under “Bargehire 2021” 6.16–6.20
redelivery 6.76–6.86, 6.132–6.137
repairs 6.103–6.112
restrictions on charterer’s use of barge 6.98–6.102
revision 6.1–6.6
species of demise charterparty 6.7–6.9
standard boilerplate provisions 6.143–6.147
structure 6.21–6.24
substitution 6.44
Supply of Goods and Services Act 1982, and 6.10–6.11
surveys 6.76–6.86
text 953 – 966
time for delivery 6.45
trading limits 6.63–6.64
best endeavours
Towcon 2008 and ,4.35–4.38
bill of lading
Heavycon 2007 7.97–7.100
Heavyliftvoy 7.171–7.174
Projectcon 7.232–7.233
BIMCO forms
genesis of Supplytime form 5.1–5.13
Heavyliftvoy see also Heavyliftvoy
background 7.1–7.19
Part I 7.115
Part II 7.116–7.178
structure 7.113–7.114
Supplytime 2005 5.4–5.5, 5.7–5.8
Supplytime 2017 see Supplytime 2017
structure 5.17–5.25
Towcon 2021
Part I 4.12–4.30
Part II 4.31–4.32
structure 4.11–4.32
BIMCO Forms Towcon 2021 and Towhire 2021 4.1–4.482
BIMCO ocean towage 1.35–1.42
bonus for prompt completion
Wreckhire 2010 10.53–10.54
both to blame omnibus time charter provisions
Supplytime 2005 5.255–5.256
brokerage
Heavycon 2007 7.106
bunker escalation
Heavycon 2007 7.82
bunker price adjustment
Heavyliftvoy 7.163–7.166
bunkers
Supplytime 2005 5.96–5.102
Supplytime 2017 5.103–5.107
Towhire 2021 4.475–4.480
Windtime 5.359
cancellation of charter
Heavycon 2007 7.59–7.65
cancellation in light of war
Supplytime 2017 5.245
cancelling
Bargehire 2021 6.56–6.62
Projectcon 7.59–7.65
cargo description
Heavyliftvoy 7.136

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cargo discrepancy
Heavyliftvoy 7.137–7.138
cargo notes
Projectcon 7.232–7.233
cargo requirements
Heavyliftvoy 7.125–7.135
certificates
Supplytime 2017 5.75
change of method of work and/or personnel, craft and equipment
Wreckhire 2010 10.33–10.37
charges
Heavycon 2007 7.57
Heavyliftvoy 7.159, 7.161–7.162
charter period
Supplytime 2017 5.370–5.372
clause paramount
Heavyliftvoy 7.176
collisions involving tug and tow
collision between tug and tow 11.43–11.44
collisions during towage which involve third vessel 11.45–11.68
control not necessarily decisive 11.58
doctrine of control 11.47–11.48
irrelevance of contract 11.45–11.46
effect of common ownership of tug and tow 11.63–11.68
general scheme for apportioning liability 11.14–11.15
liabilities between tug, tow and third party vessel 11.59–11.68
navigation 11.4–11.13
Collision Regulations, role of 11.6–11.13
navigation by tug and tow 11.16–11.42
application to water-borne objects 11.33–11.36
duties upon tow 11.19–11.21
duties upon tug 11.18
lights and shapes 11.23–11.29
navigational rules 11.4–11.5
sound signals 11.30–11.31
special aspects of Collision Regulations 11.22–11.42
towage contract, role of 11.16–11.17
tug and tow: how treated 11.37–11.42
special features 11.22–11.42
third party vessel also to blame 11.60–11.62
third party vessel not to blame 11.59
commencement of loading
Heavycon 2007 7.59–7.65
Projectcon 7.189, 7.207, 7.218–7.221
common European towage forms 1.43
common understanding in trade
UK Standard Conditions for Towage and Other Services 3.7–3.8
company representative
Wreckhire 2010 10.30–10.32
completion of service
obligations of the tug 2.53
compliance with ISPS and MTSA
Supplytime 2017 5.108–5.110
Towcon 2021 4.451–4.461
condition of cargo
Projectcon 7.195
condition of vessel
Heavycon 2007 7.33–7.42
Supplytime 2017 5.50–5.52
Windtime 5.354
confidentiality
Supplytime 2017 5.271–5.273
consequential damage
Heavycon 2007 7.94
Supplytime 2005 5.192
Supplytime 2017 5.190–5.192
consequential loss
Bargehire 2021 4.190, 6.139
BIMCO 1.77, 4.6, 4.181
Heavycon 2007 7.94
Supplytime 2005 5.192
Supplytime 2017 5.190–5.192
Towcon 2021 4.6
Wreckhire 2010 10.64
Wreckhire 99 10.64
construction of towage contracts 1.69–1.79
contracts of towage
Admiralty Court, effect of 1.80–1.81
bailment, and 1.14–1.30
BIMCO ocean towage 1.35–1.42
common European towage forms 1.43
construction
no special rules 1.69–1.79
Consumer Rights Act 2015 1.66
contract for services, as 1.12–1.13
exemption clauses 1.66–1.68
gratuitous towage 1.9–1.11
implied terms 1.44–1.45
jurisdiction of Admiralty Court 1.80–1.81
legislative control of exemption clauses 1.66–1.68
making of
authority of master to contract to be towed 1.46–1.54
authority of master to take vessel in tow 1.55–1.58
The Kingalock 1.59–1.65
pre-contractual disclosure 1.59 – 1.65
no special rules 1.69–1.79
offshore industry forms 1.35–1.42
pre-contractual disclosure 1.59–1.65

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relationship between towage and salvage 1.4–1.8
salvage and towage, relationship between 1.4–1.8
standard form contract, role of 1.31–1.45
towage arises from 1.3–1.11
UK Standard Conditions 1.34
Convention on Limitation 1976 see limitation of liability
co-operation
obligations of the tow 2.66–2.83
course of dealing
UK Standard Conditions for Towage and Other Services 3.7–3.8
crew
Salvcon 2005 9.62
Supplytime 2017 5.83–5.89, 5.336–5.337
Towcon 2021 4.124–4.130
Windtime form 5.356–5.357
damage to or caused by tug and tow
Towcon 2008 4.248–4.250
danger
salvage, and 8.14
dangerous cargo
Heavycon 2007 7.83
Supplytime 2017 5.76–5.81
death
Salvcon 2005 9.89–9.90
Towcon 2021 4.227–4.247
deck cargo
Heavyliftvoy 7.167–7.170
definitions
Bargehire 2021 6.25
Heavycon 2007 7.29–7.31
Heavyliftvoy 7.120–7.122
Projectcon 7.189
Salvcon 2005 9.42–9.45
Supplytime 2017 5.26–5.34
UK Standard Conditions for Towage and Other Services 3.6–3.41, 3.107–3.148
Windtime form 5.351–5.353
Wreckhire 2010 10.22–10.23
Wreckstage 2024 10.93–10.94
delay payments
Projectcon 7.226–7.229
Salvcon 2005 9.52–9.57
Towcon 2021 4.84–4.97
Towhire 2021 4.474
delays see also delay payments
Heavycon 2007 7.44–7.48
Projectcon 7.210
Wreckhire 2010 10.40–10.46
delivery
Bargehire 2021 6.32–6.43, 6.45, 6.76–6.86
Supplytime 2017 5.39–5.49, 5.53–5.54
Wreckhire 2010 10.49–10.50
Wreckstage 2010 10.49–10.50
demarcation of scope of work
Heavycon 2007 7.23–7.26
demobilisation
Bargehire 2021 6.55
Heavycon 2007 7.80
Supplytime 2017 5.35, 5.38, 5.48, 5.71
Towhire 2008 5.48
Towhire 2021 4.472
demurrage
Heavycon 2007 7.79
Heavyliftvoy 7.158
Towcon 2021 3.95, 4.96, 4.215, 7.81, 9.56
detention
Heavyliftvoy 7.158
deviation
Heavycon 2007 7.44–7.48
Projectcon 7.210
Towcon 2021
deviation from original route 4.148
impermissible deviations 4.154
liberties to deviate 4.149–4.153
necessary deviation 4.145–4.155
notification of deviations 4.155
Towhire 2021 4.482
discharging
Heavycon 2007 7.54
loading and discharging responsibilities 7.50–7.55
Heavyliftvoy
discharging of cargo and “free-in” and “liner-in-hook” options 7.155–7.156
Projectcon 7.213–7.216
disease
Supplytime 2017
infectious or contagious diseases clause 5.246, 5.254
ports and places affected by ice conditions and disease 5.246–5.254
disposal of vessel
Wreckhire 2010 10.49–10.50, 10.59
dispute resolution
BIMCO 4.29, 5.274, 7.16, 10.69, 10.73
Heavycon 7.16, 7.108
Salvcon 9.104
Supplytime 2017 4.29
Supplytime 89
Towcon 2021 4.461–4.466
Wreckhire 2010 10.69
double banking
Heavycon 2007 7.107
drugs and alcohol policy
Supplytime 2017 5.261

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employment
Bargehire 2021 6.63–6.74
Salvcon 2005 9.58–9.61
Supplytime 2017 5.74–5.80, 5.375–5.384
engaged services
salvage 8.111–8.130
entire agreement
Supplytime 2017 5.279–5.283
epidemic/fever
Supplytime 2005 5.246, 5.251
Supplytime 2017 5.246, 5.253
exemption clauses
legislative control 1.66–1.68
Supplytime 2017 5.175–5.184
towage contracts 1.66–1.68
Towcon 2021 4.251–4.274
UK Standard Conditions for Towage and Other Services 3.55–3.82
expenses
general average 13.11–13.19
expert evaluation
Wreckhire 2010 10.69–10.72
Wreckstage 2024 10.117–10.123
extension hire
Supplytime 2017 5.111
extension to cancelling date
Towcon 2021 4.98–4.101, 4.481
extra costs
of disposal of vessel 10.59
Salvcon 2005 9.83–9.84
Towcon 2021 4.102–4.107
Wreckhire 2010 10.56–10.59
Wreckstage 2010 10.85
financial security
Towcon 2021 4.437
fitness
of tow 2.69–2.77
of tug for towage service 2.17–2.28
force majeure
Bargehire 2021 6.138
Supplytime 2005 5.268–5.269, 5.292–5.293, 5.301, 5.305, 5.324
Supplytime 2017 5.146, 5.293, 5.301, 5.305
free-in
Heavyliftvoy
discharging of cargo and “free-in” and “liner-in-hook” options 7.155–7.156
“free-in” 7.141–7.145
loading of cargo and “free-in” and “liner-in-hook” options 7.139–7.140
provisions common to both “free-in” and “liner-in-hook” options 7.151, 7.157
free time
Heavycon 2007 7.79
Projectcon 7.226–7.229
Salvcon 2005 9.54–9.57
Towcon 2021 4.84–4.97
Towhire 2021 4.474
freight
Heavycon 2007 7.75–7.78
Heavyliftvoy 7.158
Projectcon 7.225
general average
as between tug and tow 5.255–5.257, 13.20–13.55
basis of contribution between respective interests 13.34
commonality of adventure 13.26–13.33, 13.52
commonality of maritime adventure 13.38–13.39
continuation of common adventure 13.48–13.50
disconnection an act of 13.48–13.50
fundamental requirements 13.20
importance of York-Antwerp rules 1994 and 2004 13.23–13.25
measure as to 13.40
position prior to 1994 Rules 13.26–13.34
practical importance for tug and tow 13.21–13.22
questions specific to tug and tow 13.10
recovery of towage expenses 13.11–13.19
adjusters’ rules of practice 13.19
leading cases 13.13–13.18
resort to port or place of refuge 13.55
special issues 13.1–13.10
Supplytime 2005 5.255–5.257
tow-line slipped to save vessel(s) 13.41–13.47, 13.53–13.54
York-Antwerp Rules 13.1–13.9
York-Antwerp Rules 1994/2004 Rule B 13.35–13.50
York-Antwerp Rules 2016 13.51–13.55
gratuitous towage 1.9 – 1.11
hazardous or noxious substances
Supplytime 2017 5.216–5.221
health and safety
Supplytime 2017 5.260–5.261
Heavycon 2007
advance notices 7.66–7.68
agency 7.105
Annex A 7.23–7.26
approval of transportation 7.70–7.74
background 7.1–7.14
bill of lading 7.97–7.100
boxes 7.22

Page 1164

brokerage 7.106
bunker escalation 7.82
canal transit 7.81
cancellation of charter 7.59–7.65
cancelling date 7.59–7.65
cargo receipt 7.97–7.100
charges 7.57
commencement of laydays 7.59–7.65
commencement of loading 7.59–7.65
condition of cargo 7.70–7.74
condition of vessel and cargo 7.70–7.74
consequential damages 7.94
dangerous cargo 7.83
definitions 7.29–7.31
delays 7.44–7.48
demarcation of scope of work 7.23–7.26
demobilisation 7.80
demurrage 7.79
deviation 7.44–7.48
discharging 7.54
double banking 7.107
duties 7.57
free time 7.79
freight 7.75–7.78
Himalaya clause 7.103
indemnities 7.87–7.93
insurance 7.101–7.102
knock for knock 7.87, 7.89, 7.91, 7.94, 7.96, 7.100, 7.101, 7.107
liabilities 7.87–7.93
lien 7.84
limitation of liability 7.104
loading and discharging responsibilities 7.49–7.55
marine surveyor 7.70–7.74
mobilisation 6.55
notice of readiness 7.69
obligation as to seaworthiness of vessel 7.33–7.42
obligation of despatch 7.43
obligation to transport cargo 7.32
Part I 7.22
Part II 7.27–7.107
part cargo 7.44–7.48
permits 7.56
pollution 7.95–7.96
purpose of revision 7.15
quarantine 7.58
structure 7.20–7.21
substitution 7.85
taxes 7.57
termination 7.86
text 981 – 997
the transportation 7.70–7.74
voyage 7.32–7.43
Heavyconbill 2007
text 1027 – 1028
Heavyconreceipt 2007
text 1029 – 1030
Heavyliftvoy
AMS clause for voyage charter parties 7.177–7.183
background 7.108
bills of lading 7.171–7.174
BIMCO clause for special US Customs requirements 7.177–7.178
BIMCO US Customs advance notifications 7.177–7.178
boxes 7.115
bunker price adjustment 7.163–7.166
cargo description 7.136
cargo discrepancy 7.137–7.138
cargo requirements 7.125–7.135
carrier’s right to indemnity 7.131–7.134
defence of insufficiency of packing 7.135
requirements 7.126–7.130
charges 7.159, 7.161–7.162
clause paramount 7.176
deck cargo 7.167–7.170
definitions 7.120–7.122
demurrage 7.158
detention 7.158
discharging of cargo and “free-in” and “liner-in-hook” options 7.155–7.156
dues 7.161–7.162
“free-in” 7.141–7.145
“free-in” option 7.139–7.140, 7.151, 7.155–7.157
freight 7.158
Gencon form, and 7.111, 7.140, 7.142, 7.146, 7.161, 7.171–7.172
“liner in hook” option 7.139–7.140, 7.151, 7.155–7.157
loading of cargo 7.139–7.140
merchant’s option to terminate 7.175
Part I 7.115
Part II 7.116–7.178
part cargoes 7.160
port congestion 7.153–7.154
provisions common to both “free-in” and “liner-in-hook” options 7.151, 7.157
purpose 7.108
scope of voyage 7.123–7.124
standard of sea fastening 7.152
structure 7.113–7.114
swell 7.153–7.154
taxes 7.161–7.162
terminal charges 7.159
text 999 – 1016
time waiting to berth 7.153–7.154

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Heavyliftvoybill
text 1031 – 1032
Himalaya clause
Heavycon 2007 7.103
Supplytime 2017 5.215
Towcon 2021 4.411–4.416
UK Standard Conditions for Towage and Other Services 3.195–3.198
Wreckhire 2010 10.68
hire
Bargehire 2021 6.46–6.54
Supplytime 2017 5.111–5.133
adjustment of hire 5.111
Towhire 2021 4.472–4.474
daily rate of hire excluding bunkers 4.475
daily rate of hire including bunkers 4.475
Wreckhire 2010 10.55, 10.69–10.72
hirer’s representative
Salvcon 2005 9.76
hirer’s right to cancel
Towcon 2021 4.98–4.101
hirer’s warranty of authority
UK Standard Conditions for Towage and Other Services 3.42, 3.149–3.152
ice clause
Supplytime 2017 5.247–5.250
Towcon 2021 4.156–4.160
implied terms
obligations of the tow 2.66–2.83 see also obligations of the tow
obligations of the tug 2.2–2.65 see also obligations of the tug
towage and allied contracts 1.44–1.45
incorporation
UK Standard Conditions for Towage and Other Services 3.7–3.8
indemnities
Bargehire 2021 6.140–6.142
Heavycon 2007 7.87–7.93
Projectcon
mutual 7.230–7.231
Towcon 2021
mutual 4.176–4.274
Supplytime 5.391–5.392
Windtime form
mutual 5.360–5.361
insurance
Bargehire 2021
Heavycon 2007
Salvcon 2005
Supplytime 2017
Wreckhire 2010
interest
Salvcon 2005 9.82
Towcon 2021 4.108–4.112
interruptions in course of towage
obligations of the tug 2.54–2.58
ISPS, compliance with
Supplytime 2017 5.108–5.110
Towcon 2021 4.451–4.461
ISU 9.7
standard forms for sub-contract 9.10–9.18
Julia, The
obligations of the tow 2.66–2.68
obligations of the tug 2.5–2.11
jurisdiction see also Admiralty jurisdiction
Admiralty Court 1.80–1.81
UK Standard Conditions for Towage and Other Services 3.98, 3.199–3.203
jurisdiction of Admiralty Court 1.80 – 1.81
in rem 14.7–14.8
towage contracts 1.76–1.78
Kingalock, The 1.59–1.65
knock for knock
Bargehire 2021 6.60
Heavycon 2007 7.100–7.101
Projectcon 7.230–7.231
Supplytime 2017 5.160–5.174
“group” coverage of knock for knock 5.164–5.166
main changes to knock-for-knock regime 5.160–5.163
Towcon 2021 4.191–4.193
Windtime form 5.360–5.361
Wreckhire 2010 10.76–10.78
late payment, termination for non or
Salvcon 2005 9.53
laydays, commencement of
Heavycon 2007 7.59–7.65
liability and indemnity
ASVtime form 5.391–5.392
Heavycon 2007 7.87–7.93
Supplytime 2017 5.160–5.221
Projectcon 7.230
Towcon 2021 4.176–4.274
allocation of responsibility 4.176, 4.181, 4.216, 4.221, 4.257
commercial common sense 4.204, 4.207
contra proferentem, and 4.198, 4.206–4.208, 4.211–4.213, 4.215–4.216, 4.218
contractual remedies 4.208
correct approach to construction 4.194–4.224

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damage to or caused by tug and tow 4.247–4.250
death of those engaged in towage 4.227–4.247
exclusion/exemption 4.251–4.274
generally 4.176–4.183
gross negligence 4.184–4.190
injury to those engaged in towage 4.227–4.247
knock-for-knock 4.191–4.193
loss of or caused by tug and tow 4.247–4.250
mutual nature 4.197
wilful misconduct 4.184–4.190
licences
Heavycon 2007 7.56
Supplytime 2017 5.75
lien
Admiralty jurisdiction 14.9–14.11
Heavycon 2007 7.84
Supplytime 2017 5.241
Towcon 2021 4.408–4.410
Wreckhire 2010 10.68
lights and shapes
collisions involving tug and tow 11.23–11.29
limitation of liability
aggregation of tug and tow for purposes of limitation fund 12.18–12.56
The Bramley Moore 12.31–12.36
Canadian and American cases 12.46–12.49
cases before Merchant Shipping Act 1958 12.21–12.29
cases following Merchant Shipping Act 1958 12.30–12.49
flotilla issues 12.18–12.20
Merchant Shipping Act 1995 and 1976 Limitation Convention 12.50–12.54
question of aggregation 12.18–12.20
The Sir Joseph Rawlinson 12.37–12.44
special problem of flotilla’s physical structure 12.55–12.56
summary of law before Merchant Shipping Act 1979 12.45
wording of 1894 Act as amended 12.21–12.22, 12.30
application of Limitation Convention between tug and tow 12.62–12.81
how the question arises 12.62
position under 1976 Convention 12.63–12.76
Smit v Mobius, decision in 12.77–12.81
application of Limitation Convention to ships 12.15–12.17
“arising on any distinct occasion” 12.57–12.61
English approach 12.4
framework of 1976 Convention and Merchant Shipping Act 1995 12.13
general principles 12.1–12.14
Heavycon 2007 7.104
historical background 12.1–12.12
Merchant Shipping Act 1894 12.5–12.8
Merchant Shipping Act 1979 12.9–12.12
Merchant Shipping Act 1995 12.9–12.13
new regime 12.9–12.12
policy, question of 12.1–12.13
section 503
Merchant Shipping Act 1894 12.5–12.8
special questions arising in relation to tug and tow 12.14
Supplytime 2017 5.215
limitation fund
aggregation of tug and tow for purpose of 12.18–12.56
limits, trading
Bargehire 2008 6.22
Supplytime 2017 5.18
“liner in hook” option
Heavyliftvoy 7.139–7.140, 7.151, 7.155–7.156
loading
Heavycon 2007
commencement of 7.41
loading and discharging responsibilities 7.50–7.55
Heavyliftvoy
loading of cargo 7.139–7.140
Projectcon 7.213–7.216
commencement of loading 7.216
Supplytime 2017
of fuel 5.103–5.107
Lloyd’s Open Form (LOF) 1.62 , 8.7, 9.3 , 9.67 , 9.100
loss
Bargehire 2021
excluded 6.139
Salvcon 2005
liabilities
loss of or damage caused to or by vessels involved 9.90–9.91
other losses and statutory limitations 9.92
Supplytime 2017
liabilities
excluded losses 5.190–5.191
heads of excluded loss and damage 5.185–5.189

Page 1167

scope of losses excluded 5.193–5.205, 5.211–5.213
Towcon 2021
The A Turtle 4.300–4.371
loss of or caused by tug and tow 5.247–4.248
Wreckhire 2010
expert evaluation of 10.69–10.72
lump sum
Salvcon 2005 9.48–9.51
Supplytime 2017
lump sum mobilisation charge 5.18, 5.48
Towcon 2021
earning of lump sum 4.72–4.79
lump sum 4.66–4.71
marine surveyor
Heavycon 2007 7.70–7.74
marine warranty surveyor
Projectcon 7.223–7.224
master
authority of
towage contracts 1.46–1.58
of tug 1.55
of vessel not tug 1.56–1.58
master and crew
Salvcon 2005 9.62
Supplytime 2017 5.83–5.89
Windtime form 5.356–5.357
mediation
Wreckhire 2010 10.73–10.74
Merchant Shipping Act 1894, section 503 12.5 – 12.8
Merchant Shipping Act 1958
cases before 12.21–12.29
cases following 12.30–12.49
Merchant Shipping Act 1979 12.9 – 12.12
summary of law before 12.45
Merchant Shipping Act 1995
framework of 1976 Convention and Merchan Shipping Act 1995 12.13
Merchant Shipping Act 1995 and 1976 Limitation Convention 12.50–12.54
Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989 11.5
Rule 24
text 1113 – 1114
Rule 35
text 1114 – 1115
Minnehaha, The
obligations of the tug 2.5–2.11
salvage 8.25–8.26
mobilisation
Bargehire 2021 6.55
Heavycon 2007 7.80
Supplytime 2017 5.48
MTSA, compliance with
Supplytime 2017 5.108–5.110
Towcon 2021 4.451–4.461
mutual waiver of recourse
Supplytime 2017 5.4, 5.22–5.23
named tug
contract for 2.29–2.41
navigation
by tug and tow 11.16–11.42
rules 11.4–11.5, 11.32–11.42
negligence, gross
Towcon 2021 4.184–4.190
Netherlands Tug Owners Conditions 1951
text 1117 – 1120
New Jason clause
Supplytime 2005 5.255–5.257
non-lien
Bargehire 2021 6.140–6.142
non-suit clause
UK Standard Conditions for Towage and Other Services 3.97
non-waiver clause
Towcon 2021 4.119
notice of readiness
Heavycon 2007 7.69
Projectcon 7.222
notices
Heavycon 2007 7.66–7.68
Projectcon 7.222
Supplytime 2017 5.275–5.276
Towcon 2021 4.462–4.466
Wreckhire 2010 10.68
noxious or hazardous substances
Supplytime 2017 5.216–5.221
obligations of the tow
duty of co-operation 2.82–2.83
fitness for towage service 2.69–2.77
The Julia 2.66–2.68
proper seamanship during towage service 2.78–2.81
obligations of the tug
abandonment of towage 2.59–2.65
completion of service 2.53
contract for named tug 2.29–2.42
control, question of 2.51–2.52
fitness of tug for towage service 2.17–2.28
identifying which vessel is in control 2.50
interruptions in course of towage 2.54–2.58

Page 1168

The Julia 2.5–2.14
The Minnehaha 2.5–2.14
nature of 2.18–2.28
performance of service 2.43–2.52
preparation for towage 2.15–2.16
Supply of Goods and Services Act 1982 2.2–2.14
tug in control of service 2.51–2.52
offshore industry forms
towage contracts 1.35–1.42
offshore unit, meaning
Windtime form 5.352
order of precedence
Supplytime 2017 5.24
overpayments
Salvcon 2005 9.52
passage through canals
Towcon 2021 4.88
payment
Projectcon
delay payment 7.226–7.229
Salvcon 2005
free time and delay payments 9.54–9.57
price and conditions of payment 9.48–9.53
delay payments 9.52
lump sum 9.48–9.50
overpayments 9.52
termination for non or late payment 9.53
time for payment and interest 9.82
Supplytime 2017 5.111–5.133
Towcon 2021
delay payments 4.94–4.97
free time/delay payments 4.84–4.97
price and conditions of payment 4.66–4.79
Towhire 2021
absence of delay payments and free time 4.474
anti-deduction clause 4.473
hire 4.472–4.474
price and payment clause 4.472–4.474
Wreckhire 2010
price and conditions of payment 10.51–10.52
Wreckstage 2010 10.84
performance of service
obligation of the tow 2.43–2.52
permits
Heavycon 2007 7.56
Salvcon 2005 9.77
Towcon 2021 4.120–4.123
Wreckhire 2010 10.39
Wreckstage 2024 10.109–10.110
place of departure
Towcon 2021 4.50–4.63
Towhire 2021 4.469, 4.472
place of destination
Towcon 2021 4.64–4.65
pollution
Heavycon 2007 7.95–7.96
Supplytime 2017 5.222–5.225
Wreckhire 2010 10.76–10.78
port congestion
Heavyliftvoy 7.153–7.154
pre-contractual disclosure 1.59 – 1.65
preparation for towage
obligations of the tug 2.15–2.16
price
Heavyliftvoy
bunker price adjustment 7.163–7.166
Salvcon 2005
price and conditions of payment 9.48–9.53
Towcon 2021
bunker price adjustment clause 4.80–4.83
price and conditions of payment 4.66–4.79
Towhire 2021
price and payment clause 4.472–4.474
Wreckhire 2021
price and conditions of payment 10.51
Wreckstage 2010
price and conditions of payment 10.84
Projectcon
advance notices 7.222
approval of cargo and vessels 7.223–7.224
bills of lading 7.232–7.233
boxes 7.185
cancelling 7.218–7.221
cargo notes 7.232–7.233
commencement of loading 7.218–7.221
contractual voyage 7.190
definitions 7.189
delays 7.210
delay payments 7.226–7.229
delivery 7.218–7.221
deviation 7.210
discharging 7.213–7.216
free time 7.226–7.229
freight 7.225
knock for knock 7.230–7.231
loading 7.213–7.216, 7.218–7.221
lying aground 7.191–7.193
marine warranty surveyor 7.223–7.224
mutual indemnities 7.230–7.231
notes 7.232–7.233
notice of readiness 7.222
obligation of due despatch 7.209

Page 1169

obligation as to seaworthiness of vessels 7.194–7.208
Part I 7.185
Part II 7.186–7.233
parties’ responsibilities for ballasting of barge for cargo operations 7.211–7.212
parties’ responsibilities for loading and discharging 7.213–7.216
period within which barge is to be delivered 7.218–7.221
readiness 7.222
receipts 7.232–7.233
rights to cancel 7.218–7.221
structure 7.184
taxes 7.217
proper seamanship during towage service 2.78 – 2.81
control, question of 2.79
tow in control 2.80
tug in control 2.81
protection of environment
Salvcon 2005 9.66–9.69
provide and pay for clauses
Supplytime 2017 5.90–5.94
charterers to provide 5.93–5.94
owners to provide 5.92
quarantine
Heavycon 2007 7.58
readiness for departure
Towcon 2021 4.58–4.63
redelivery
Bargehire 2021 6.76–6.86, 6.108–6.111, 6.132–6.137
Supplytime 2017 5.39–5.49
reduced daily rate of hire for late completion
Wreckhire 2010 10.55
removal, wreck
cost of 10.1
importance of 10.1
Supplytime 2017 5.226
repudiatory breach
Supplytime 2017
termination for, and accumulated off hire 5.302–5.304
reservation of special rights
UK Standard Conditions for Towage and Other Services 3.92–3.93, 3.191
restricted waters
Towcon 2021 4.88–4.91
riding crew
towage contracts 4.124–4.130
rotation and replacement of craft, equipment and personnel
Wreckhire 2010 10.79
salvage see also Salvcon 2005 see also Salvhire 2005
burden of proof 8.64–8.69
danger 8.37–8.55
effect of conversion into salvage upon towage contract 8.70–8.75
engaged services 8.111–8.130
Salvage Convention 1989, and 8.119–8.130
essential criteria for 8.9–8.10
from towage service to salvage service 8.22–8.110
historical relationship with towage 8.1–8.4
issues and questions arising 8.23–8.24
The Minnehaha 8.25–8.26
misconduct of tug, effect of 8.101–8.110
early authorities 8.102–8.104
modern approach 8.105–8.110
nature of 8.5–8.7
principal feature 8.7
relationship under common forms of contract 8.76–8.88
relationship with towage 8.1–8.4
Salvage Convention 1989 8.8–8.21
service or services outside scope of contract 8.56–8.63
services rendered under existing contracts 8.35
standard of proof 8.64–8.69
sub-contracting of tugs 8.95–8.100
subject of 8.11–8.13
success 8.18–8.21
Supplytime 2017 5.235–5.240
liberty to perform 5.237–5.238
rendered to charterer’s property 5.239–5.240
text as expressed in Salvage Convention 8.18
towage contracts providing for “no salvage charges” 8.89–8.94
effect upon rights of tug crew 8.94
Towcon 2021 4.161–4.166
tug and tow, of 8.131–8.133
unforeseen circumstances putting tow in danger 8.37–8.55
circumstances creaive of danger for tow 8.46–8.51
danger to tow no of itself sufficient 8.52–8.54
no need for danger to tug 8.55
unforeseen circumstances 8.38–8.45
voluntariness 8.15–8.17

Page 1170

Salvcon 2005 9.1 – 9.9
box 4 9.23–9.25
box 3 and 5 9.26
boxes 6–8 9.27–9.28
box 9 9.29–9.31
boxes 10–16 9.32
box 17 9.33
commentary on Part II 9.40–9.104
definitions 9.42–9.45
employment and area of operations 9.58–9.61
extra costs 9.83–9.84
free time and delay payments 9.54–9.57
general provisions 9.93–9.99
genesis 9.10–9.18
hirer’s representative 9.76
insurance 9.85–9.87
law and arbitration procedure 9.100–9.104
liabilities 9.88–9.92
injury to or death of those involved in service 9.90
loss of or damage caused to or by vessels involved 9.91
other losses and statutory limitations 9.92
master and crew 9.62
nature of 9.19–9.20
nature of services to be provided by owner 9.46–9.47
organisation 9.21–9.39
owner’s obligations 9.63–9.75
no claims for salvage 9.70–9.75
protection of environment 9.66–9.68
Part I 9.22–9.33
Part II 9.34–9.104
permits 9.77
price and conditions of payment 9.48–9.53
delay payments 9.52
lump sum 9.48–9.51
overpayments 9.52
termination for non or late payment 9.53
seaworthiness of vessel 9.79
security 9.85–9.87
structure 9.21–9.39
substitution of vessel 9.80
termination 9.81
text 1033 – 1040
time for payment and interest 9.82
towing gear and equipment 9.78
Salvhire 2005 9.105
genesis 9.10–9.18
nature of 9.19–9.20
text 1041 – 1048
saving of life
Supplytime 2017 5.235–5.240
Scandinavian Tugowners Standard Conditions 1959 revised
text 1121–1123
seamanship during towage 2.78 – 2.81
control, question of 2.79
tow in control 2.80
tug in control 2.81
seaworthiness
Heavycon 2007
obligation as to seaworthiness of vessel 7.33–7.42
Projectcon
obligations as to seaworthiness of vessel 7.194–7.208
Salvcon 2005
seaworthiness of vessel 9.79
Supplytime 2017
description, class and seaworthiness as at delivery 5.53–5.54
seaworthiness and class during service 5.55–5.58
Towcon 2021
seaworthiness of tug 4.131–4.133
UK Standard Conditions for Towage and Other Services
personal fault of tug owner as to seaworthiness 3.68–3.70
security
Salvcon 2005 9.85–9.87
Towcon 2021
financial 4.437
for claims 4.462–4.466
Wreckhire 2010 10.60
severability
Supplytime 2017
boilerplate severability clause 5.278
shapes
collisions involving tug and tow 11.23–11.29
sound signals
collisions involving tug and tow 11.30–11.31
space
Supplytime 2017 5.76–5.77
standard form contract
role of 1.31–1.45
structural alterations
Supplytime 2017 5.59–5.67
sub-contracting
salvage 4.165, 8.95–8.100, 9.5, 9.7–9.10
wreck removal 10.43–10.46
sublet
Supplytime 2017 5.242
substitution
Bargehire 2021 6.44
Heavycon 2007 7.85

Page 1171

Salvcon 2005 9.80
Towcon 2021 4.143–4.144
UK Standard Conditions for Towage and Other Services 3.83–3.91, 3.189–3.190
success
salvage 8.18–8.21
Supply of Goods and Services Act 1982
Bargehire 2008 6.10–6.11
obligations of the tug 2.2–2.4
Supplytime 2005
both-to-blame omnibus time charter provisions 5.255–5.257
bunkers 5.95–5.107
charterer’s right of termination 5.296–5.297
consequential damages 5.190–5.191
early termination 5.291–5.295
epidemic/fever 5.246, 5.252
events giving rise to right to terminate 5.314–5.329
breakdown 5.316–5.321, 5.323
force majeure 5.324
loss of vessel 5.315
repudiatory breach 5.314, 5.325–5.329
general average 5.255–5.257
New Jason clause 5.255–5.257
procedure for termination for cause 5.306–5.313
survey 5.68–5.73
termination by either party for cause 5.305
text 873 – 888
Supplytime 2017
additional equipment 5.59–5.67
adjustment of hire 5.112
Annexes 5.330–5.343
charterers’ personnel (passengers) 5.340
crane operations 5.339
crew qualification 5.336–5.337
dynamic positioning 5.341–5.342
extended offshore support 5.335
helicopter and helideck operations 5.334
walk to work 5.338
area of operation 5.74–5.82
assignment 5.242
audits and inspections 5.69–5.73
banking days 5.31
BIMCO anti-corruption clause for time charter parties 5.262
BIMCO designated entities clause for time charter parties 5.265
BIMCO dispute resolution clause 2016 5.274
BIMCO sanctions clause for time charter parties 5.264–5.265
boilerplate severability clause 5.278
both-to-blame omnibus time charter provisions 5.255–5.257
bunkers 5.95–5.107
cancellation in light of war 5.245
cancelling clause 5.45
cargo and services 5.39–5.49
certificates 5.75
charter period 5.370–5.372
charterer’s right of termination 5.296–5.297
cleanliness on delivery 5.41
CMID 5.73
condition of vessel 5.50–5.58
confidentiality 5.271–5.273
consent to proposed change or alteration 5.61
consequential damages 5.190–5.191
contractual definitions 5.26–5.34
delivery 5.39–5.49
demobilisation 5.38
description, class and seaworthiness as at delivery 5.53–5.54
description of parties to contract 5.35
disease 5.251–5.254
drugs and alcohol policy 5.261
drydocking 5.152–5.153, 5.158
early termination 5.291–5.329
employment 5.74–5.82
entire agreement 5.279–5.284
epidemic/fever 5.246, 5.252
explosives and dangerous cargo 5.78
extension hire 5.111–5.133
force majeure 5.146, 5.268–5.269, 5.300–5.301, 5.324
fuel 5.96–5.102
general average 5.255–5.257
general provisions 4.467–4.468
genesis 5.1–5.13
“Group” coverage of knock for knock 5.164–5.166
“Groups,” concepts of 5.27
hazardous or noxious substances 5.216–5.221
headings 5.277
health and safety 5.260
hire 5.111–5.133
hull and machinery 5.53, 5.57
ice clause 5.246–5.247, 5.249
ice conditions 5.246–5.250
identity and name of vessel chartered 5.35
infectious or contagious diseases clause 5.246, 5.254, 5.268
insurance 5.227–5.234
invoicing 5.111–5.133
ISPS, compliance with 5.108–5.110
knock for knock

Page 1172

charterers 5.167–5.170
“Group” coverage 5.164–5.166
main changes to regime 5.160–5.163
more limited form 5.167–5.174
owners 5.167–5.169, 5.171
lay up 5.82, 5.289–5.290
lay-up clause 5.82
liabilities
consequential damages 5.190–5.209
excluded losses 5.190–5.191, 5.210–5.214
“Group” coverage of knock-for-knock 5.164–5.166
hazardous and noxious substances 5.216–5.221
heads of excluded loss and damage 5.185–5.189
Himalaya clause 5.215
knock-for-knock 5.167–5.174
limitation of 5.215
main changes to knock-for-knock regime 5.160–5.163
scope of exemption/indemnity 5.175–5.184
scope of losses excluded 5.193–5.205
liberty to deviate 5.236
liberty to perform salvage 5.237–5.238
licences 5.75, 5.384
lien 5.241
loading of fuel 5.103–5.107
lump sum mobilisation charge 5.18, 5.48
main changes to knock-for-knock regime 5.160–5.163
maintenance 5.152–5.159
master and crew 5.83–5.89
compliance with orders 5.84–5.8
ordinary features 5.83
MLC 2006 5.263
mobilisation 5.48–5.49
mutual waiver of recourse 5.22–5.23
New Jason 5.255–5.257
notices 5.275
off hire 5.302–5.304
maintenance and dry-docking 5.152–5.159
offshore units 5.32, 5.186, 5.188
omnibus provisions 5.255–5.285
order of precedence 5.24
organisation 5.17–5.25
“original condition” 5.64–5.65
OVID 5.73
payment for fuel 5.103–5.107
payments 5.111–5.133
period 5.35–5.38
permission 5.75, 5.384
ports and places affected by ice conditions and disease 5.246–5.250
principal change to Supplytime 2005 5.19
provide and pay for clauses 5.90–5.94
charterers to provide 5.93–5.94
owners to provide 5.92
redelivery 5.39–5.49
repudiatory breach 5.302–5.304
requirements for services 5.74
salvage 5.239–5.240
salvage rendered to charterer’s property 5.239–5.240
saving of life 5.239–5.240
scope of each party’s group 5.29
scope of exemption/indemnity 5.175–5.184
seaworthiness and class during service 5.55–5.58
singular/plural 5.285
species of time charterparty 5.14–5.16
standard BIMCO time charter provisions 5.258–5.285
structural alterations 5.59–5.67
structure 5.17–5.25
sublet 5.242
substitute vessel 5.243
survey 5.69–5.73
suspension and termination 5.111–5.133
taxes 5.266
termination by either party “for cause” 5.298–5.301
bankruptcy 5.300
for cause 5.298
confiscation 5.300
events giving rise to termination under 5.305–5.329
force majeure 5.300–5.301
insurance 5.300
loss of vessel 5.300–5.301
procedure 5.306–5.313
requisition 5.300
termination for repudiatory breach and accumulated off hire 5.302–5.304
text 873 – 888
United States MTSA legislation, compliance with 5.108–5.110
use with Supplytime 89 and 5.343
vessel’s space 5.76–5.77
war cancellation clause 5.245
war risks 5.244
wreck removal 5.226
survey
Bargehire 2021 6.76–6.86
Supplytime 2005 5.68
Supplytime 2017 5.69–5.73
Windtime 5.355

Page 1173

suspension or termination
Wreckhire 2010 10.47–10.48
Wreckstage 2010 10.82
swell
Heavyliftvoy 7.153–7.154
taxes
Heavycon 2007 7.57
Heavyliftvoy 7.161–7.162
Projectcon 7.217
tender
UK Standard Conditions for Towage and Other Services 3.9
terminal charges
Heavyliftvoy 7.159
termination
Heavycon 2007 7.86
Salvcon 2005 9.81
for non or late payment 9.53
Supplytime 2005
charterer’s right of 5.296–5.297
early termination 5.291–5.329
by either party for cause 5.305
events giving rise to right 5.314–5.329
procedure for termination for cause 5.306–5.313
Supplytime 2017
charterer’s rights to termination 5.298–5.301
early termination 5.286, 5.291–5.329
by either party for cause 5.298–5.301
for repudiatory breach and accumulated off hire 5.302–5.304
Towcon 2021
by hirer 4.167–4.169
by tugowner 4.170–4.175
in whole 4.428–4.429
Windtime form
early termination 5.362
Wreckhire 2010
suspension or termination 10.47–10.48
Wreckstage 2010
suspension or termination 10.82
time charterparty
Supplytime 2017 5.14–5.16
time waiting to berth
Heavyliftvoy 7.153–7.154
towage
definition 1.1–1.2
towage contracts
Admiralty Court, effect of general equitable jurisdiction of 1.80–1.81
bailment, and 1.14–1.30
BIMCO ocean towage 1.35–1.42
common Europe towage forms 1.43
construction
no special rules 1.69–1.79
Consumer Rights Act 2015 1.66
contract for services, as 1.12–1.13
exemption clauses 1.66–1.68
gratuitous towage 1.9–1.11
implied terms 1.44–1.45
jurisdiction of Admiralty Court 1.80–1.81
making of
authority of master to contract to be towed 1.46–1.54
authority of master to take vessel in tow 1.55–1.58
The Kingalock 1.59–1.65
pre-contractual disclosure 1.59–1.65
offshore industry forms 1.35–1.42
pre-contractual disclosure 1.59–1.65
relationship between towage and salvage 1.4–1.8
standard form contract, role of 1.31–1.45
towage arises from 1.3
UK Standard Conditions 1.34
Towcon 2008 4.2
genesis 4.1
Part I 4.12–4.30
Annex A 4.16–4.20
boxes 4 to 12 4.13
boxes 13 to 21 4.14–4.15
boxes 18 to 21 4.21–4.224
boxes 22 to 24 4.25
boxes 25 to 30 4.26–4.18
box 38 4.29
boxes 39 and 40 4.30
text 787 – 806
Towcon 2021 4.3 – 4.6
additional charges and extra costs 4.102–4.107
additional costs 4.433
anti-deduction clause 4.72–4.79
The A Turtle, decision in 4.275–4.392
causes of excluded losses 4.353–5.356
circumstances of application 4.372–4.392
development of definition of heads of loss 4.236–4.352
heads of excluded loss and damage 4.300–4.323, 4.357–4.371
other (financial) losses 4.324–4.325
bunker price adjustment clause 4.80–4.83
cancelling date and hirer’s right to cancel 4.98–4.101
dispute resolution 4.462–4.466
due fulfilment 4.433
earning of lump sum 4.72–4.79
free time and delay payments 4.84–4.97
bunkering 4.92

Page 1174

connection/disconnection 4.85–4.87
legal nature of “delay payment” 4.94–4.97
restricted waters 4.88–4.91
when payment is due 4.93
general provisions 4.467–4.468
genesis 4.1
heads of excluded loss and damage 4.300–4.323
Himalaya clause 4.411–4.416
hirer’s group 4.39
ice clause 4.156–4.160
insurance 4.393–4.407, 4.433
interest 4.108–4.112
ISPS, compliance with 4.451–4.461
liabilities and mutual indemnities 4.176–4.274
construction of clause 4.194–4.224
contractual indemnities 4.225–4.226
generally 4.176–4.183
gross negligence 4.184–4.190
hybrid knock-for-knock clauses 4.191–4.193
injury to or death of those engaged in towage 4.227–4.247
loss of or damage to or caused by tug and tow 4.248–4.250
scope of exclusion/exemption 4.251–4.274
wilful misconduct 4.184–4.190
liberty to deviate 4.432
lien 4.408–4.410
lump sum 4.66–4.79
nature of 4.7–4.10
necessary deviation or slow steaming 4.145–4.155
deviation from original route 4.148
generally 4.145–4.147
impermissible deviations 4.154
liberties to deviate 4.149–4.153
notification of deviations 4.155
non-towage specific BIMCO standard charterparty clauses 4.434–4.436
organisation 4.11–4.32
Part I 4.12–4.30
Annex A 4.16–4.20
boxes 4 to 12 4.13
boxes 13 to 21 4.14–4.15
boxes 18 to 21 4.21–4.224
boxes 22 to 24 4.25
boxes 25 to 30 4.26–4.18
box 38 4.29
boxes 39 and 40 4.30
Part II 4.31–4.274
permits and certification 4.120–4.123
place of connection 4.39, 4.50–4.63
place of departure 4.39, 4.50–4.63
place of disconnection 4.39, 4.64–4.65
place of destination 4.39, 4.64–4.65
price and conditions of payment 4.66–4.79
readiness of tow for departure 4.58–4.61
reasonable judgment 4.423–4.427
restricted warriors 4.39
riding crew 4.124–4.130
salvage 4.161–4.166
security 4.437, 4.462–4.466
services 4.42–4.49
short or alternative performance 4.430
structure 4.11–4.32
substitution of tugs 4.143–4.144
taking of route longer than contemplated route 4.431–4.468
termination by hirer 4.167–4.169
termination by tug owner 4.170–4.175
termination in whole or refusal to perform in part 4.428–4.429
text 767 – 786
time bar provisions 4.447–4.450
the tow 4.39–4.41
towing gear and use of tow’s gear 4.134–4.142
tow-worthiness of the tow 4.113–4.119
certificate of tow-worthiness 4.117–4.118
fitness of tow 4.113–4.116
non-waiver clause 4.119
tug 4.39
tugowner’s group 4.39
tug’s seaworthiness 4.131–4.133
US MTSA legislation, compliance with 4.451–4.461
war and other risks and difficulties 4.417–4.422
warranty of authority 4.438–4.446
Towhire 2008
absence of delay payments and free time 4.474
anti-deduction clause 4.473
bunkers and allied matters 4.475–4.480
cancelling date 4.481
deviation during charterparty 4.482
hire 4.472
price and payment clause 4.472–4.474
Towhire 2021 4.3 – 4.6
genesis 4.1
nature of 4.7–4.10
organisation 4.469–4.471
structure 4.469–4.471

Page 1175

towing
UK Standard Conditions for Towage and Other Services
cesser of towing 3.34–3.41
service other than towing 3.44
‘whilst towing’: meaning 3.11–3.16
towing gear
Salvcon 2005 9.78
Towcon 2021 4.134–4.142
tow-worthiness of tow
Towcon 2021 4.113–4.119
certificate of tow-worthiness 4.117–4.118
fitness of tow 4.113–4.116
non-waiver clause 4.119
transportation
Heavycon 2007 7.70–7.74
tug
obligations of the
contract for named tug 2.29–2.41
fitness of tug for towage service 2.17–2.28
tug in control of service 2.51–2.52
tug and tow
aggregation for tug and tow for purposes of limitation fund 12.18–12.54
application of Limitation Convention between tug and tow 12.15–12.17
as between tug and tow 3.45–3.54
collisions 11.1–11.68 see also collisions involving tug and tow
effect of common ownership of tug and tow 11.63–11.68
navigation by tug and tow 11.16–11.42
practical importance for tug and tow 13.21–13.22
questions specific to tug and tow 13.10
salvage
tug and tow, of 8.131–8.133
special questions arising in relation to tug and tow 12.14
Towcon 2021
damage to or caused by tug and tow 4.248–4.250
loss of or caused by tug and tow 4.248–4.250
tug and tow: how treated 11.37–11.42
UK Standard Conditions for Towage and Other Services
effect as between tug and tow 3.45–3.46
effect as between tug and tow and third parties 3.47–3.54
tugowner
Netherlands Tug Owners Conditions 1951
text 1117 – 1121
Scandinavian Tugowners Standard Conditions 1959 revised
text 1121 – 1123
Towcon 2021
termination by tugowner 4.170–4.175
UK Standard Conditions for Towage and Other Services
personal fault of tug owner as to seaworthiness 3.68–3.70
UK Standard Conditions 1.34
UK Standard Conditions for Towage and Other Services 3.1 – 3.5
cesser of towing 3.34–3.35, 3.133–3.135
commencement of service 3.137–3.138
commencement of towing 3.17–3.32, 3.121–3.132
end of service 3.139–3.141
exemption clause 3.55–3.82, 3.158–3.188
further exemption clause 3.94–3.96, 3.192–3.195
genesis and rationale 3.99–3.106
Himalaya clause 3.196–3.198
hirer’s warranty of authority 3.42, 3.149–3.152
introductory and definitions 3.6–3.40, 3.107–3.148
involvement of more than one tug 3.33
law and jurisdiction clause 3.98, 3.199–3.203
non-suit clause 3.97, 3.196–3.198
personal fault of tug owner as to seaworthiness 3.68–3.70
reservation of special rights 3.92–3.93, 3.191
substitution of tug 3.83–3.91, 3.189–3.190
text
revised 1986 765 – 766
revised 2024 763 – 764
tug not in position of proximity or risk 3.71–3.73
vicarious liability of tow for tug 3.43–3.54, 3.153–3.157
whilst towing 3.11–3.35
US Customs
Heavyliftvoy
BIMCO clause for special US Customs requirements 7.177–7.178
BIMCO U.S. Customs advance notifications 7.177–7.178
vessel
UK Standard Conditions for Towage and Other Services 3.26

Page 1176

vessel, condition of
Supplytime 2017 5.50–5.58
Windtime form 5.354
vessel, loss of
Salvcon 2005 9.91–9.92
vessel specification
Towcon 2021 4.16–4.20
vessel substitute
Supplytime 2017 5.243
vessel, third party
collisions involving tug and tow
effect of common ownership of tug and tow 11.63–11.68
liabilities between tug, tow and third party vessel 11.59–11.68
third party vessel also to blame 11.60–11.62
third party vessel not to blame 11.59
vessel’s space
Supplytime 2017 5.76–5.77
vicarious liability of tow for tug 3.43 – 3.54
voluntariness 8.15 – 8.17
voyage
Heavycon 2007 7.32–7.43
Heavyliftvoy 7.123–7.124
Projectcon 7.190
war cancellation clause 5.245
war risk escalation clause 4.108
war risks
Supplytime 2017 5.244
Towcon 2021 4.417–4.422
warranty of authority
Towcon 2021 4.438–4.446
UK Standard Conditions for Towage and Other Services
hirer’s warranty of authority 3.42, 3.153–3.157
‘whilst towing’ meaning of term in UK Standards Conditions 3.11–3.16
Windtime
text 889 – 914
Windtime form
bunkers 5.359
condition of vessel 5.354
conduct 5.358
definitions 5.352–5.353
early termination 5.362
knock-for-knock 5.360–5.361
master and crew 5.356–5.357
mutual indemnities 5.360–5.361
offshore unit, meaning 5.352
special aspects 5.349–5.351
time charterparty for special offshore service 5.344–5.348
vessel audit and survey 5.355
wreck removal
cost of 10.56–10.59
importance of 10.1
Supplytime 2017 5.226
Wreckcon 10.2 – 10.6 , 10.61 – 10.62 , 10.125
Wreckfixed 2010
general description 10.125–10.128
text 1101 – 1112
Wreckstage 2010, and 10.129
Wreckhire 2010
Annexes 10.21
arbitration and mediation 10.73–10.74
bonus for prompt completion by contractor 10.53–10.54
change of work method and/or personnel, craft and equipment 10.33–10.37
company representative 10.30–10.32
definitions 10.22–10.23
delays 10.40–10.46
delivery or disposal of vessel by contractor 10.49–10.50
expert evaluation of alteration of rates of hire and losses of time 10.69–10.72
extra costs incurred in disposing of vessel 10.59
extra costs incurred in relation to services 10.56–10.58
general provisions 10.80
Himalaya clause 10.68
hire, rates of 10.69–10.72
insurance 10.75
knock-for-knock 10.76–10.78
liabilities 10.61–10.67
lien 10.68
losses of time 10.69–10.72
miscellaneous responsibilities of parties 10.38
notices 10.68
Part I 10.16–10.20
Part II 10.22–10.80
permits 10.39
pollution 10.76–10.78
price and conditions of payment 10.51
rates of hire 10.69–10.72
reduced daily rate of hire for late completion 10.55
rotation and replacement of craft, equipment and personnel 10.79
security 10.60

Page 1177

services 10.24–10.29
standard provisions 10.68
structure 10.15
suspension or termination 10.47–10.48
text 1049 – 1062
time, losses of 10.69–10.72
time for suit 10.68
Wreckstage 2010 10.81
delivery and/or disposal 10.83
extra costs 10.85
price and conditions of payment 10.84
suspension or termination 10.82
Wreckstage 2024
Annexes 10.91
change of method and project changes 10.107–10.108
company representative 10.99
definitions 10.93–10.94
delays 10.111–10.113
expert evaluation 10.117–10.123
genesis 10.86–10.88
liabilities 10.115
miscellaneous and permits 10.109–10.110
Part I 10.89–10.90
Part II 10.92–10.124
permits 10.109–10.110
risk allocation procedure 10.100–10.106
services 10.95–10.98

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