Crescent Towing - Mobile: Service Terms and Conditions
1. Definitions:
A. "Crescent" shall mean Crescent Towing & Salvage Co., Inc., its employees, officers, directors, agents, parent, subsidiary, and affiliated companies, successors and assigns.
B. "Customer” means individually and collectively the person or entity ordering Services, the Tow (as defined below), and the Tow’s owners, operators, agents, charterers and managers.
C. “Services” means the tug services ordered by or on behalf of Customer pursuant to this tariff or pursuant to a rate schedule or contract incorporating Crescent’s tariff.
2. Force Majeure: Crescent will not be responsible for delays, failures or omissions hereunder due to strikes, lockouts, labor disturbances, riots, fire, earth quakes, storm, lightning, fog, epidemics, war, acts of government, acts of God, or other causes beyond its control. Crescent will not have any liability for bodily injury, death, property damage, delay in performance, inability to perform, or any consequential damages arising out of or caused by an actual or alleged act of war, invasion, hostility, riot, strike, civil commotion, act of terrorism, acts of God, or for acts or events in any way related with such events.
3. Pilotage: When any pilot boards a vessel, it is understood and agreed that such pilot becomes the servant of that vessel and her owners/charterers as to all acts and omissions while onboard such vessel. Whenever any person otherwise employed by Crescent goes onboard the vessel towed or assisted ("Tow") to provide any service, then it is agreed he becomes the borrowed servant of the Tow. Neither Crescent, nor any of its assisting tugs or employees, shall be liable for damage or expense suffered by the Tow as a result of compliance with any directions (or omissions) of the pilot, master, or crew of the Tow. The Tow and its owner and operator will indemnify, hold harmless and defend Crescent and any assisting tug and its owners, agents, charterers, operators and managers with respect to loss, damage, personal injury or death, liability, and expense that may be suffered or incurred as a result of any act, omissions, negligence or fault of the tow, its crew, or Pilot.
4. Subcontract: Crescent reserves the right to subcontract all or part of the Services without any notice to Customer. Customer agrees that such subcontractor shall have the benefit of all defenses, exemptions and limitations available to Crescent. In performance of any such subcontract, the subcontractor shall be an independent contractor working under the direction of the Tow, her crew, and Pilot and shall not be an agent, servant or employee of Crescent.
5. Maritime Lien: A maritime lien is reserved on the Tow for all charges which may accrue hereunder whether or not such charges may be billed to Customer.
6. Tower's Release Clause: All towage will be performed solely at the risk of the Tow and its cargo, including the risk of negligence of the master, pilot and crew of the towing craft and Crescent's employees, agents and representatives, all of whom in respects to the towage shall become and be the servants of the Tow and its owners and operators. Neither Crescent nor towing craft nor its operators or employees shall be liable, and Customer, the Tow and its owners and operators shall hold Crescent and the towing craft and its operators and employees, harmless from any liability, for any loss or damage to the Tow and its cargo from any cause whatsoever, including loss or damage caused by negligence of the master, pilot, and crew of the towing craft and Crescent's employees, agents, and representatives, except for the sole gross negligence of the master, pilot or crew of the towing craft. If the preceding sentence should be declared or adjudged to be invalid, Customer agrees that Crescent, the towing craft, their operators, employees, and agents, shall, in no instance, be liable for more than two-hundred thousand dollars ($200,000.00) for all claims, demands, causes of action, liability, damages, and costs (Including attorneys' fees) arising out of or resulting from the Services, nor will Crescent, the towing craft, their operators, employees, and agents be liable for any lost profits or delay, special, punitive, indirect or consequential damages.
7. Notice of Damage or Claim: Should any damage or injury be claimed due to the Services, notice must be given to Crescent within 48 hours and with a reasonable opportunity to inspect and survey any such damages before repairs are begun. Written notice of intent to make a claim as a result of such damage or injury must be made within 30 days of such occurrence. Any action brought as a result of such damage or injury must be brought within one year of the date of occurrence. Failure to meet the requirements of this clause constitutes a waiver of right to bring an action as a result of such occurrence.
8. Insurance. Customer warrants that it possesses sufficient and adequate insurance on the Tow including, without limitation, hull and machinery, P&I, cargo, and pollution coverage, to comply with applicable laws, to satisfy its obligations under this tariff, and to respond for any losses arising out of or connected in any way with the Services to be provided hereunder, with all rights of subrogation for losses under said insurances waived as to Crescent and with Crescent included within the policies as additional insureds, as applicable.
9. Hawser: Customer assumes all risk of any and all loss or damage sustained by it or other vessels, property or persons resulting from the parting of any hawser or other line, by whomsoever furnished and whether the parting was due to insufficiency, negligence, wear or other cause.
10. Vessel or Barges: Crescent reserves the right to tow all vessels singly or with other craft and to change craft towed from one to another tow. Crescent may substitute tugs at any time. Acceptance of Services by any vessel owned or used by Crescent shall be conclusive evidence of acceptance of all these conditions. Furthermore, no representations are made as to the adequacy of the power furnished, and before accepting the tug or tugs, the Customer must fully satisfy itself as to the adequacy of the power furnished, and such Customer shall indemnify and hold harmless Crescent and the towing vessels and its owners, charterers, operators, managers, masters, and crew thereof, from any liability arising by virtue of the power furnished proving inadequate. This applies to dead or live vessels or barges.
11. Notice: Advance notice of 2 hours is needed for Mobile and Chickasaw, 4 hours is needed for Theodore.
12. Taxes: All taxes properly assessable are in addition to the rates as listed in this schedule.
13. No Warranty: No warranty of any kind, including any implied warranty of workmanlike performance, is extended by this tariff or by providing services.
14. Service: Crescent reserves the right to decline any order for Service.
15. Holidays: New Year’s Day, Mardi Gras, M.L. King Birthday, All President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, All Saint's Day, Veteran's Day, Thanksgiving Day and Christmas Day. When a holiday falls on a Saturday or Sunday, it shall be observed on the preceding Friday or the following Monday.
