PORT INFOMRATION HANDBOOK
Mermaid Marine Supply Base
Dampier
PORT INFORMATION HANDBOOK
Rev
A
Date
May 2010
Author
SS
Approved
DR
PORT INFORMATION HANDBOOK
INDEX
ABBREVIATIONS
1.0 GENERAL
2.0 NAVIGATION
2.1 Location
2.2 Charts
2.3 Tides
2.4 Swell
2.5 Winds
2.6 Inclement weather
2.7 Cyclones
2.8 Additional weather data
3.0 ARRIVAL REQUIREMENTS
3.1 Shipping Agents
3.2 Notice of arrival
3.3 Anchorage
3.4 Arrival condition
3.5 Application to Berth
3.6 Entering MMSB Channel
3.7 Pilotage
3.7.1 Compulsory Pilotage
3.7.2 Pilot Boarding
3.8 Port security
3.9 Site inductions
4.0 MMSB TERMINAL INFORMATION
4.1 Channel and berth particulars
4.2 Leads, Channel buoys and Navigation lights
4.3 Swing basin
4.4 Underkeel clearance
4.5 Towage and line boat
4.6 Mooring lines and equipment
5.0 MMSB WHARF APPROACH
6.0 APPROACH TO LCT RO-RO RAMP, BARGE BERTH POCKET AND SLIPWAY
7.0 BERTHING OPERATIONS AND VESSEL CRITERIA
7.1 Vessel criteria
7.2 Unrestricted vessel entry/departure
7.3 Restricted vessel entry/departure
7.4 Vessels considered case by case
7.5 Wind parameters
PORT INFORMATION HANDBOOK
8.0 MMSB CRITICAL SAFETY AND OPERATIONAL INFORMATION
8.1 Personal Protective Equipment
8.2 Emergency Muster Procedures
8.3 MMSB Safety Management
8.3.1 Environmental Management
8.4 Lifting Operations
8.5 Work Permits
8.6 Isolation and Tagging
8.7 Tags used on Site
8.8 MMSB Vessel Traffic Management
9.0 SERVICES
9.1 Bunkering/Potable Water
9.1.1 Fuel
9.1.2 Potable water
9.2 Repair and Maintenance
9.3 Stores and Provisions
9.4 Crew Change and shore leave
10.0 SUPPLEMENTARY INFORMATION
10.1 Medical Facilities
10.1.1 Doctors
10.1.2 Dentists
10.1.3 Hospitals
10.2 Banking facilities
10.3 Crew Welfare
APPENDIX A – CONTACTS
APPENDIX B – BOARDING ARRANGEMENTS FOR PILOTS
APPENDIX C – MMSB BERTH APPLICATION
APPENDIX D – REQUEST FOR PILOT FORM
APPENDIX E – MMSB STANDARD TERMS AND CONDITIONS
PORT INFORMATION HANDBOOK
ABBREVIATIONS
HLOW
IALA
MMA
MMSB
PPE
UKC
UKL
CD
DPA
ACS
AQIS
HLV
Heavy Load Out Wharf
International Association of Lighthouse Authorities
Mermaid Marine Australia Ltd
Mermaid Marine Supply Base
Personal Protective Equipment
Under Keel Clearance
Under Keel Limitation
Chart Datum
Dampier Port Authority
Australian Customs Service
Australian Quarantine and Inspection Services
Heavy Load Vessel
PORT INFORMATION HANDBOOK
1.0 GENERAL
Mermaid Marine Australia Limited (MMA) operates a major Supply Base in King Bay,
Dampier. This base covers an area of 15 hectares and is primarily to service the
Offshore Oil and Gas Industry in the North West Australian area.
The Mermaid Marine Supply Base (MMSB) terminal is suitable to a wide number of
vessels of varying sizes and configurations including, but not limited to, harbour tugs,
tug and material/cargo barge combinations, offshore industry anchor handling tugs,
anchor handling towing supply vessels and platform supply vessels, crew and utility
vessels, seismic and oceanographic research vessels as well as a number of flexible
pipeline laying vessels, dredging and specialist backfill/stone dumping vessels, well
stimulation vessels, smaller pipelay and crane barges and transportation/heavy lift
vessels. The terminal also supports smaller general cargo vessels.
Vessels entering the MMSB terminal are subject to operational jurisdiction of the
Dampier Port Authority. Port legislation requires the compulsory use of pilots within
the Port of Dampier and this legislation likewise governs pilotage for vessels using
the MMSB terminal.
MMA requires vessels to maintain a minimum Under Keel Clearance of one metre at
all times whilst in or transiting the terminal.
Further details of Dampier Port Authority requirements can be found at
www.dpa.wa.gov.au.
PORT INFORMATION HANDBOOK
2.0 NAVIGATION
2.1 Location
MMSB is located in King Bay in the Port of Dampier. This is in the Pilbara Region on
the North West Shelf coastal region of Australia.
Position latitude 20° 38 ' south, longitude 116° 45' east.
2.2 Charts
Relevant charts required for approaches to Port of Dampier and MMSB are:
AUS 57
AUS 58
AUS 59
AUS 741
– Details the approaches to the Port
– Details the Port and the Channels
– Details the inner Port/Withnell Bay to King Bay
– Approaches
Mandatory charts required for approaches and entry to MMSB are:
AUS 58 – details the Port and the Channels
AUS 59 – Details the inner Port/Withnell Bay to King Bay
2.3 Tides
King Bay MHWS 4.5m MHWN 3.2m MLWS 0.9m MLWN 2.2m
(Refer - Tidal Prediction, Australian National Tide Tables.)
The tidal streams experienced are generally of small magnitude and at their peaks
they are in line with the orientation of the dredged channel. Movement is therefore
predominantly east-west with tidal floods flowing to the east and ebbs to the west.
2.4 Swell
The swell is generally minimal, except after cyclones, then from the north.
2.5 Winds
Prevailing winds are:
• west south westerly during summer months, (October to March) reaching
strengths up to, but not limited to, 25 knots; and
• easterly during winter months (April to October) reaching strengths up to but
not limited 30 knots, except during cyclonic conditions.
2.6 Inclement weather
Under no circumstances is a vessel permitted to berth/unberth at the MMSB terminal
when a gale/strong wind is in force or anticipated to come into force during the
expected stay alongside the wharf, groyne or landing ramps.
PORT INFORMATION HANDBOOK
2.7 Cyclones
During the summer months, Dampier and the surrounding areas may be affected by
tropical cyclones. The official cyclone season is from November to April. During
periods of regional cyclonic activity, the storms can be intense, with wind speeds in
excess of 200 kilometres per hour.
In the event of an approaching cyclone, the DPA Harbour Master advises vessels
through Dampier Port Communications of the port operational status. Dampier Port
Communications advises vessels when the port will be closed for traffic and normal
operations (in which case all berths at the MMSB terminal must be cleared). The
DPA Harbour Master will advise vessels when the port has reopened. MMA may
advise vessels berthed at MMSB terminal of earlier closure of the MMSB terminal
and vessels will be required to depart the MMSB berths accordingly. MMA will advise
when the MMSB terminal has reopened.
2.8 Additional Weather Data
Additional weather data can be found online at www.bom.gov.au/weather/wa.
3.0 ARRIVAL REQUIREMENTS
3.1 Shipping Agents
MMA encourages the use of a local shipping agent for vessels utilising the MMSB
terminal and requires all vessels arriving from an international location to appoint a
suitable accredited shipping agent.
3.2 Notice of Arrival
If arriving from overseas, all vessels arriving at Dampier must comply with Australian
Customs Service (ACS) and Australian Quarantine and Inspection Service (AQIS) on
arrival at Dampier.
ACS general enquiries
AQIS General enquiries
+61 8 9144 3500
+61 8 9185 2865
The Master or vessel agent is required to provide notice of arrival in accordance with
Dampier Port Authority's requirements prior to entering the Port of Dampier.
Refer to www.dpa.wa.gov.au for full details.
3.3 Anchorage
If required to anchor, vessels should seek guidance from their owners/agent for an
anchorage position and coordinates.
On arrival at the Port of Dampier, vessels must contact Dampier Port Control on VHF
Channel 11.
PORT INFORMATION HANDBOOK
3.4 Arrival Condition
24 hours prior to arrival at the MMSB terminal all vessels must provide written
notification to the Mermaid Marine Operations Scheduler, either directly or through
their appointed agent, of the following details:
-
Estimated Time of Arrival
Length Overall
Beam
Max Draft
Pilot exemption status
Tug assistance requirements
Any mechanical or navigation equipment deficiencies
Security status
3.5 Application to Berth
The Master, Agent or Owner of the vessel must ensure that the vessel does not enter
the MMSB approach channel or moor at any of the MMSB terminal berths or
moorings unless a completed Application to Berth has been submitted to and
accepted by the MMA Operations Scheduler. An essential term of the Application to
Berth and as condition of the acceptance of the berth application, the vessel's master
and owner or charterer must agree to accept MMSB’s Standard Terms and
Conditions as per Appendix E and the incorporation of the Port Authorities Act 1999
(WA) (including any statutory modification or re-enactment thereof), unless otherwise
agreed prior in writing by the parties.
3.6 Entering or departing MMSB Channel
Prior to entering or departing MMSB Channel, contact must be made with the
Mermaid Marine Operations Scheduler (phone number as listed in General Contacts
under Appendix A) and obtain clearance from Dampier Port Communications (VHF
Channel 11) to confirm clear access either inwards or outwards.
Under no circumstances is more than one vessel permitted to transit the MMSB
Channel at one time. Channel transiting is strictly restricted to one vessel at a time. A
breach of this condition may result in the offending vessel and or owner/charterer
being banned from the MMSB terminal.
3.7 Pilotage
The Master and Owners of a vessel are not relieved of any obligation or liability
under the Port legislation while the vessel is under the guidance of a MMA Pilot.
While, MMSB may agree to provide a pilot, it does not under any circumstances
agree to provide pilotage services.
Pilotage is compulsory to and from the MMSB terminal. Exceptions to this rule may
be considered if the relevant Master of the vessel holds a current Dampier Port
Pilotage Exemption and has completed greater than three entries and departures to
the MMA terminal.
Each exception will be determined by the Mermaid Marine Port Captain in his
absolute discretion on a case by case basis. All exceptions are solely at the
discretion of MMA and may be retracted in the event the Master or Owner fails to
PORT INFORMATION HANDBOOK
meet the minimum standards of operations in the terminal or breach terminal rules or
requirements.
A “Request for Pilot Form” found in Appendix D must be completed and submitted
to the MMSB Pilot. MMSB Pilot will acknowledge the request prior to confirming Pilot
availability.
3.7.1 Compulsory Pilotage
Pilotage is compulsory for the following vessels entering or departing the MMSB
terminal:
•
Any vessel without a Dampier Port Pilot Exempt Master
• Any vessel with or without a Dampier Port Pilot Exempt Master who has not
logged 3 entry/departures within a 6 month period to/from the MMSB terminal
• Any vessel with or without a Dampier Port Pilot Exempt Master where the
vessel’s overall length exceeds 80m or beam exceeds 18m.
• Any vessel that requires tug assistance.
• Any non self propelled vessels.
• Vessels with poor manoeuvring capability such as general cargo vessels,
HLV’s and RO-RO vessels berthing/unberthing at the port.
3.7.2 Pilot Boarding Ground
For offshore supply vessels, the pilot will board to the west of the channel in position
20° 38' south, 116° 44' east.
For vessels other than offshore supply vessels and highly manoeuvrable vessels,
e.g. heavy lift ships and cargo ships, the pilot will board at the designated Dampier
Pilot Boarding Ground. This should allow the pilot sufficient time to familiarise himself
with the vessel and to complete the Pilot/Master exchange of information including
Passage and Berthing Plans, UKC, number of tugs, state of tide, wind, weather and
swell expected.
The pilot will be conveyed to the vessel at the Pilot Boarding Ground via the pilot
boat. When the pilot is boarding, the vessel must make a suitable lee.
The pilot ladder must be prepared to meet IMO and IMPA requirements. (Refer to
Appendix B). Adequate lighting must be provided at night.
Prior to the vessel proceeding into the channel, the pilot will consult with the Master
of the intended passage plan including berthing and mooring arrangements.
PORT INFORMATION HANDBOOK
3.8 Port Security
The Dampier Port, including the MMSB terminal, falls under a national Australian
maritime security regime and is subject to the Maritime Transport and Offshore
Security Act 2003 and its associated regulations.
Some restriction of movement and activities may occur as a result of this regime,
particularly in relation to personnel.
Should anyone observe any suspicious acts, behaviours or persons, please
immediately contact the Supply Base Security Attendant on +61 8 9183 6677.
3.9 Site Inductions
Site inductions are compulsory in order to travel through the MMSB unescorted. Taxi
drivers and personnel transfer service drivers have been inducted and can provide
escort services as required. Site inductions are not required for vessel crew provided
they do not transit the wharf or supply base.
4.0 MERMAID MARINE SUPPLY BASE TERMINAL INFORMATION
4.1 Channel and Berth Particulars
The MMSB Channel is 1,500 metres long, 48m wide and dredged to approximately
5.4 metres below chart datum (CD) with a sandy, mud bottom.
Berths 1 and 2 are dredged to 7.0m (CD), berth 3 – 6.0m (CD). Berths 4, 5 and 6 are
dredged to 5.5m (CD). Information regarding the most recent Hydrographic Survey
can be obtained by contacting the Duty Pilot.
Please note that depth of channel and berth are subject to change due to silting.
4.2 Leads, Channel Buoys, Navigation Lights
Two channel approach leads are positioned to the eastern end of the Channel. The
two Steel spars are white in colour, with the forward lead having a day glow orange
triangle. Leads bearing 090° true.
The entrance to the MMSB terminal approach channel is marked with port and
starboard lateral buoys. The buoyage pattern is as per the IALA System A
conventional direction of buoyage.
PORT INFORMATION HANDBOOK
4.3 Swing Basin
The MMSB terminal swing basin encompasses an area bound by a line from the
north-east corner of the channel to the north-west end of the MMSB wharf and a line
from the south-east corner of the channel to a point perpendicular with the south-east
corner of the MMSB wharf.
4.4 Under Keel Clearance
The Master of a vessel must always consider the required UKL when determining
berthing times at the MMSB terminal. A minimum of one metre UKC below the vessel
squat is compulsory.
Vessels requesting to transit the MMSB approach channel with an UKC of less than
one metre will be considered by MMA on a case by case basis. Permission to transit
at less than one metre UKC must be obtained in writing from MMA or the MMSB
Duty Pilot.
4.5 Towage and Line Boat
Tug assistance may be required as deemed necessary by the MMSB Pilot.
Any vessel <80m LOA, <18m Beam, with a twin main engine and bow thruster fitted,
with the prevailing winds being <25 knots may not require tug assistance.
Any vessel operating outside the above parameters shall require the number of tugs
as determined by the MMSB Pilot or as directed by the DPA Harbour Master.
The Master of the vessel must ensure all equipment is tested and fully operational
prior to entry into the MMSB approach channel. In the event the vessel is not fully
functional, the entry of the vessel into the MMSB approach channel is subject to the
MMSB Pilot's approval and may require assistance.
Towage assistance for vessels destined for the MMSB terminal must be provided by
MMA as per the schedule of rates obtainable from the MMSB Pilots or Scheduler.
PORT INFORMATION HANDBOOK
MMA towage vessels are subject to availability and may affect the timing of
movements of vessels. All towage services are provided as per the UK Standard
Conditions for Towage and Other Services (1974 revision).
4.6 Mooring Lines and Equipment
•
•
•
•
Winches must be fully operational and in good condition.
Mooring lines should be in good condition and suitable for securing the vessel
in the prevailing winds/weather
Mooring lines should be adjusted appropriately and when necessary to
accommodate changes in the tide and other port conditions.
A mooring watch must be maintained while the vessel is along side.
5.0 MMSB WHARF APPROACH
The approach channel to the MMSB terminal, HLO Wharf, Swing Basin, RORO
Barge Ramp facilities and Slipway are marked in accordance with IALA System A
Buoyage.
The minimum recommended visibility for approach is three miles to ensure that
vessels approaching are able to identify the main channel leads.
Approach speeds within the channel are recommended to be not more than five
knots but may be less depending on the type, size and manoeuvrability
characteristics of the vessel.
PORT INFORMATION HANDBOOK
The entrance to the MMSB approach channel is marked by two lateral pillar buoys
with appropriate top marks. The channel is further marked with lateral buoys from
the channel entrance to the entrance to the Swing Basin. The Swing Basin entrance
is marked by a pair of lateral buoys and thence port hand lateral buoys on the
northern side of the basin leading to the main Loadout Wharf and starboard hand
lateral buoys mark the southern side of the channel leading to MMA's RORO, barge
and Slipway facilities.
A pair of leading marks exist beyond the eastern end of the dredged channel south of
the Slipway.
An aerial view of Mermaid Marine’s LCT Ramp (left), RORO and Barge Berth
(centre) and Slipway (right).
6.0 APPROACH TO LCT RORO RAMP, BARGE BERTH POCKET AND SLIPWAY
MMSB operates two LCT ramps, barge berth and Slipway facility located at the
eastern end of the MMSB accommodating vessels up to a Draft of 5.5 metres and to
a displacement of 2500 tonnes onto the Slipway.
The LCT Ramps and barge berth facilities are located to the east of the jetty and
west of the Slipway.
The Slipway, LCT Ramps and barge berth are approached via a four metre (CD)
deep channel extending beyond the extremity of the MMSB main approach channel
east of the wharf. The channel is marked by standard starboard lateral navigational
buoys.
PORT INFORMATION HANDBOOK
7.0. BERTHING OPERATIONS AND VESSEL CRITERIA
Vessels operating in and out of the MMSB terminal may be restricted to daylight
operations only or permitted to operate day and night depending on the criteria of the
vessel and restrictions will be determined by MMA on a case by case basis.
7.1 Vessel Criteria
In considering whether or not a vessel is suitable to berth at the MMSB terminal the
four major limiting criteria that will be taken into account will be the draft, beam,
length and manoeuvrability. The environmental constraints imposed by wind direction
and speed together with tidal stream will also be taken into account. It is noted from
data collated over time that the tidal streams are of small magnitude and at their
peaks they are in line with the East/West orientation of the dredged channel. It is
further noted from this data that yearly wind direction/strength diagram that the
strongest winds likely prevail from the West and Easterly directions which is also
aligned with the MMSB approach channel. However, there is opportunity for cross
channel winds and safe passage for larger vessels through the dredged channel
areas will likely be affected by cross winds with strengths above 15 knots.
7.2 Unrestricted vessel entry/departure
Unless otherwise determined by MMA on a case by case basis, day/night non
restricted entry/departure vessels shall be restricted to highly manoeuvrability
vessels being vessels with a length overall not greater than 80m and/or beam not
greater than 18m, twin screw propulsion, bow thrusters, stern thrusters, and able to
maintain a minimum 1m UKC.
Vessel movement on the MMSB terminal area will always be subject to the other
requirements within these guidelines and any other matters that MMA considers
appropriate on a case by case basis.
7.3 Restricted Vessel entry/departure
Unless otherwise determined by MMA on a case by case basis, daylight restricted
entry/departure will be restricted to less manoeuvrable vessels or vessels with a
length overall that exceeds 80m and/or beam exceeds 18m. This will also include
any tug assisted vessels and tug assisted non propelled vessels.
Highly manoeuvrable vessels such as Dynamic Positioning AHTS and project
vessels of length no greater than 120m and beam no greater than 24m may be
appropriate to safely transit the MMSB terminal for berthing and unberthing subject
always to review by MMSB Pilot in his sole discretion on a case by case basis and
weather criteria.
7.4 Vessels considered case by case
Unless otherwise determined by MMA on a case by case basis, vessels with poor
manoeuvring capability such as general cargo vessels, HLV’s, single screw
propulsion vessels and vessels not equipped with bow thrusters are restricted to
daylight entry and departure only with tug assistance as specified by the MMA Pilot.
Combinations that fall outside specified limits will be restricted to daylight entry and
departure and further considered on a case by case basis.
PORT INFORMATION HANDBOOK
7.5 Wind Parameters
For vessels other than those classed by MMA as highly manoeuvrable vessels,
including cargo ships, heavy lift vessels and tug assisted vessels the maximum wind
strengths for transiting the MMSB Channel, berthing and unberthing shall be up to a
maximum of 15 knots, any direction.
Anything greater than 15 knots will be subject to review by the MMSB Pilot on a case
by case basis.
8.0 MMSB CRITICAL SAFETY AND OPERATIONAL INFORMATION
8.1 Personal Protective Equipment
MMA minimum PPE requirements for the MMSB are as follows
– High visibility clothing
– Steel toe work boots
– Safety glasses
– Long sleeves
– Long trousers
Further area specific PPE requirements are indicated using signage (e.g. hard hats
on wharf and slipway):
– Hard hat areas
– Face shield
– Ear protection
THESE REQUIREMENTS ARE TO BE FOLLOWED AT ALL TIMES.
8.2 Emergency Muster Procedures
There are two types of emergency musters on the MMSB:
•
•
External muster
Internal muster
•
All clear
- Constant siren
- Pulsating siren (long blast followed
by a short blast), repeated.
- Three short sharp blasts
Should anyone be on site and hear a continuous siren, they should move to the
nearest outside muster point and await instructions from the area warden.
Should anyone be on a vessel, they should undertake a vessel muster and determine
whether there are any personnel missing and contact the MMA Wharf Coordinator.
If anyone hears the internal muster siren (pulsating siren, long blast followed by a
short blast, repeated), it indicates a possible ammonia release in the area and
requires immediately movement to the nearest safe room as outlined in the MMSB
site induction and all instructions from the room warden must be followed.
PORT INFORMATION HANDBOOK
Should anyone be on a vessel when hearing an ammonia release warning siren they
should congregate on the bridge of the vessel and seal the room, ceasing it to
ventilate with fresh air, and contact MMA's Wharf Coordinator.
It is a requirement that all individuals on site and vessels alongside participate
in any emergency response exercises undertaken by MMA.
8.3 MMSB Safety Management
8.3.1 Environmental Management
MMA operates in an environmentally sensitive area and as such aims to minimise the
environmental impact of its operations.
MMA has monitoring and control programs in place, in accordance with its
Environmental License and Ministerial Conditions, these include but are not limited
too:
– Sediment Quality Monitoring
– Water Quality Monitoring
– Mangrove Monitoring
Any environmental incidents are to be reported to the Supply Base Manager
immediately.
No waste is to be left on the wharf without permission provided by the Wharf
Coordinator and waste disposal services being pre-arranged.
MMA strives to maintain a working environment where employees, contractors and
clients exposure to hazards and the potential to endure harm is minimised as far as
reasonably practicable (ALARP).
While this is the case, everyone on site also has a responsibility to contribute to
these efforts by taking care and reporting hazards and incidents that occur on site or
have the potential to impact related operations. All hazards or concerns are to be
reported to MMA’s Safety Adviser.
Event reporting (or incident reporting) is a critical component of MMA’s safety
management. In the event an injury is endured on site or while alongside, please
ensure MMA’s Safety Adviser is notified as soon as reasonably possible and in
any event within 12 hours.
In the event of an Emergency, please contact MMA's Emergency Response
Number - 0417 915 566.
8.4 Lifting Operations
With lifting operations forming a major component of the operational activities
undertaken on site, it is imperative that the safe working measures outlined are
strictly adhered to.
Rigging Equipment (soft slings, chains, etc)
PORT INFORMATION HANDBOOK
In addition to periodic visual inspections, non-destructive testing and proof testing, all
rigging equipment is required to undergo a pre-use visual inspection. The inspection
must ensure that:
– Equipment is appropriate for proposed lift
– Equipment is in good condition
– Equipment is correctly labelled
– Rigging is marked with a (WLL) (SWL) and is suitable for the lift.
If these conditions are not met, the equipment must not be used and must be
subsequently tagged and quarantined.
If MMA considers any equipment to be lifted is not in good condition, marked
with a WLL and/or not appropriate for the proposed lift, MMA may refuse to lift
it and will tag out accordingly.
8.5 Work Permits
Work permits are designed to control high risk activities and their interaction with
other activities on site. MMA requires MMSB work permits to be obtained prior to the
following activities being undertaken:
–
–
–
–
–
–
–
Working aloft
Hot work
Diving operations
Confined space entry
Digging
Electrical access
Man cage work
Applications for work permits should be made to the MMSB Coordinator.
8.6 Isolation and Tagging
The accidental operation of machinery undergoing repair, construction, maintenance
or cleaning represents a severe danger to those personnel working on the
machinery. MMA wishes to ensure the safety of personnel undertaking such work
through the use of a comprehensive isolation and tagging procedure. The MMSB
system uses three tags:
•
Out of Service tag - used to signify that an item of plant is not to be
used. These should be placed on the devices that isolate the energy
source only when those devices are set in the OFF or SAFE position.
•
Personal Danger Tags - only used after an OUT OF SERVICE tag
has been affixed to the equipment. The presence of the DANGER tag
indicates to all that the individual is currently engaged in work on the
equipment.
•
Information Tags - used to communicate important information.
PORT INFORMATION HANDBOOK
8.7 Tags used on MMSB site
8.8 MMSB Vehicle Traffic Management
A high level of traffic is experienced at the MMSB, with both heavy and light traffic
constantly interacting. As such, to ensure the safety of all individuals on site, it is
important that everyone has an understanding and strictly adheres to the sites traffic
rules:
•
•
•
•
•
•
Site speed limit – 20 km/hr
10 km/hr around Slipway and on wharf causeway
5 km/hr on wharf
Mobile phones - can only be used when using a hands free kit
Seatbelts – to be worn at all times
Follow directions provided and signage on site
PROCEED WITH CAUTION AT ALL TIMES
9.0 SERVICES
9.1 Bunkering / Potable water
9.1.1 Fuel
Fuel is available on all berths on the main wharf facility. A permit to fuel must be
obtained from MMSB Operations Scheduler. Supply of fuel to be arranged through
Shell Dampier via the owner or agent.
Fuelling agent: Shell Dampier
T: +61 8 9185 6133
9.1.2 Potable water
Potable water is available on the main wharf facility, metered and chargeable, at
MMSB’s wharf berths.
PORT INFORMATION HANDBOOK
9.2 Repairs and Maintenance
Repair and maintenance services may be available on request at the MMSB through
the Mermaid Marine Slipway (MMSW). Services shall be subject to availability and it
is recommended that adequate prior notice is given as resources are limited.
9.3 Stores and Provisions
Stores and provisions should be arranged through vessels agents. Please ensure
adequate notice is given to the Mermaid Marine Operations Scheduler for stores
supplied across the wharf to arrange access and carnage.
9.4 Crew Changes and shore leave
Crew changes and personnel proceeding to and returning from shore leave can
present a significant hazard at the MMSB. While minimum PPE requirements on the
wharf is high visibility clothing, steel cap boots, hard hat and safety glasses, MMA
allows enclosed footwear and sunglasses during these periods, providing the safe
embarkation and disembarkation process below is followed.
Embarking a vessel:
–
–
–
Crew accessing a vessel are to be dropped of at the taxi stand at the
mouth of the wharf and to remain in the area.
A representative of the crew is to make contact with the Wharf
Coordinator or a Leading Hand to seek permission for the crew to
commence walking to the vessel gangway.
Once permission is granted, the crew are to walk along the edge of
the wharf and progress directly to the vessel in a timely manner.
Disembarking from vessel:
– Contact is to be made with the Wharf Coordinator or a Leading Hand
seeking permission for the crew change prior to leaving the vessel.
– Once permission is granted, the crew are to walk along the edge of
the wharf and progress directly to the taxi stand area in a timely
manner.
It is requested that crews regress from the vessel with plenty of time prior to the
arrival of their transport as operations may need to cease to provide safe regress.
11.0 SUPPLEMENTARY INFORMATION
This information is supplied for reference purposes only and may be subject to
change without prior notice. Any person relying on this information does so at their
own risk and MMA takes no responsibility therefore.
PORT INFORMATION HANDBOOK
11.1 Medical Facilities
11.1.1 Doctors
Dampier Medical Centre
1 Huon Street
Dampier
T: +61 8 9183 1333
Karratha Medical Centre
Karratha Village, 5 Sharpe Avenue
Karratha
T: +61 8 9185 3555
11.1.2 Dentists
Nickol Bay Dental Clinic
Shop 7, 18 Hedland Place
Telephone: 9144 1470
Karratha Dental Centre
Shop 18, Karratha Shopping Centre
Telephone: 9185 3331
11.1.3 Hospitals
Nickol Bay Hospital
Millstream Road
Karratha
T: +61 8 9143 2333
Roebourne Hospital
Roebourne
T: +61 8 9182 0200
11.2 Banking Facilities
Major Australian banks are represented in Karratha. All are located in Hedland Place,
Karratha Township.
ANZ Bank
Bankwest
Commonwealth bank of Australia
National Australia Bank
+61 8 9185 5576
13 17 18
+61 8 9185 1622
13 22 65
11.3 Crew Welfare
The Dampier Seafarers Chaplain is located at The Dampier Seafarers Centre located
on the Esplanade, Dampier on the hill behind the Dampier Yacht Club.
PORT INFORMATION HANDBOOK
APPENDIX A
CONTACTS
General Contacts
PORT CAPTAIN
0418 916 385
OPERATIONS SCHEDULER
0409 114 753
PILOT DUTY NUMBER
0457 888 341
BASE SUPERINTENDENT
0400 235 686
WHARF SCHEDULER
0438 411 259
MANAGER SLIPWAY
0417 984 801
REPAIRS SUPERVISOR
0438 978 137
Emergency Contacts
These contacts should be used strictly for the purpose of notifying genuine
emergency situations when utilising the facilities of Mermaid Marine within the
confines of the Mermaid Supply Base; in order of priority.
1 EMERGENCY RESPONSE
0417 915 566
2 SUPPLY BASE MANAGER
0417 938 351
3 BASE SUPERINTENDENT
0400 235 686
4 SAFETY ADVISER
0437 664 271
5 OPERATIONS SCHEDULER
0409 114 753
Contact and VHF Radio Communications
Dampier Port Communications Tower VHF Channel 16 and or 11
PORT INFORMATION HANDBOOK
APPENDIX B
Boarding arrangements for Pilots
PORT INFORMATION HANDBOOK
APPENDIX C
MMSB BERTH APPLICATION
PORT INFORMATION HANDBOOK
APPENDIX D
REQUEST FOR PILOT FORM
PORT INFORMATION HANDBOOK
APPENDIX E
MMSB STANDARD TERMS AND CONDITIONS
Page 2 of 18
AGREEMENT
(DD/MM/YY)
DATE
PARTIES
MERMAID SUPPLY BASE PTY LTD (ACN 009 200 640) of
Eagle Jetty, 20 Mews Road, Fremantle, Western Australia 6160.
(the 'Company')
AND
(Client Name)
(Client Address)
(Street)
(Suburb)
(Town/City)
(State &/or Country)
(ABN/ACN)
(the 'Client')
(Collectively the 'Parties')
General
1. The Client requires the Company to provide the Services (set out in Box 3).
2. This Agreement sets out the terms and conditions on which the Company will provide the Services to the Client.
3. In consideration of the provision of the Services by the Company, Client agrees to pay Company such amounts as may
become payable under the terms of this Agreement and in the manner prescribed in this Agreement.
4. In consideration of the payments to be made by the Client to Company under this Agreement, Company agrees to provide
the Services in conformity with the terms of this Agreement.
Agreement
The following Contract Documents comprise the Agreement between the Company and the Client.
1.
Terms and Conditions for Supply of Services.
2.
Contract Details.
3.
Schedule A - Supply Base Rates and Special Conditions of Use*
4.
Schedule B - Licence of Storage area and Special Conditions of Use*
*(Delete whichever is not applicable)
The Contract Documents forming the Agreement are to be taken as mutually explanatory of one another.
If there is any conflict between the Contract Documents or any inconsistency, ambiguity or discrepancy in the
Contract Documents they will rank in order of precedence set out above.
The Agreement contains the entire agreement between the Company and the Client.
Executed as an Agreement
Date:
________________________
Signed by or on behalf of the Client
(The signatory warrants that it has authority to execute this Agreement on behalf of the Client)
Signature:
______________________
Name:
______________________
Designation:
______________________
Signed by or on behalf of Company
(The signatory warrants that it has authority to execute this Agreement on behalf of the Company)
Signature
_______________________
Name:
_______________________
Designation:
_______________________
Services Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/07/2009
Page 3 of 18
CONTRACT DETAILS
Box 1
Company Representative (Clause 1.1)
Box 10
Interest on overdue amounts (Clauses 7.1(c) to
7.1(e))
%per annum ..........................................................
.......................................................................
(unless otherwise stated, interest will be charged at 10%.
Box 2
Client Representative (Clause 1.1)
Box 11
Delay Costs (Clause 7.1(g))
.......................................................................
Box 3
Services (Clause 2.1)
...........................................................................
Box 12
Insurance Requirements (Clause 12)
* Supply Base Services - Terms and
Conditions and Schedule A
Class of
Insurance
Required
Limit
Extensions
* Licence or Storage Area - Terms and
Conditions and Schedule B
Public and
Product
Liability
Yes
$10m
•
Including waiver
of subrogation in
favour of
Company
•
Including a cross
liability clause
Statutory
Minimum
amount as
required
under state
or federal law
•
Including an
Indemnity in
favour of
Company
•
Common Law
extension
Replacement
Value
•
Including a waiver
of subrogation in
favour of
Company.
•
Including a cross
liability clause
(*tick whichever is applicable)
Description of Services (Scope of Work)
................................................................
Specific Exclusions from Services
Employers
Liability or
Workmen's
Compensation
Yes
................................................................
Special Conditions relevant to execution of
Services
Client's Plant
and Equipment
Yes
................................................................
Box 4
Site (Clause 2.1)
Box 13
.............................................................................
.......................................................................
Box 5
Date for Commencement of Services
(Clause 2.3)
Box 14
.......................................................................
Box 6
Date for Completion of Services (Clause
2.3)
Storage Area (Schedule B Clause 1.1(g))
Licence Commencement Date (Schedule B
Clause 1.3)
..............................................................................
Box 15
Monthly Licence Fee (Schedule B Clause 1.6)
..............................................................................
.......................................................................
Box 7
Administration Fee for Third Party
Services (Clause 4)
..................................................................
Box 8
Service Fee (Clause 7.1(a)) (Specify
whether for lump sum or calculated at the
rates set out in Schedule(s) A and/or B)
Box 16
Lump Sum Fee (If any) (Box 8)
…………………………………………………………………..
…………………………………………………………………..
..................................................................
(If lump sum, please provide details of each
lump sum fee in Box 16)
Box 9
Payment of Service Fee and Intervals of
Payment (Clause 7.1)
…………………………………………………………………..
…………………………………………………………………..
..................................................................
…………………………………………………………………..
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
Page 4 of 18
OPERATIVE PROVISIONS
Definitions
The following definitions apply in this Agreement.
Business Day means a day other than a Saturday,
Sunday or public holiday in Western Australia.
Claim includes any action, suit, proceeding,
application or demand of any kind.
Client means the entity named in the Instrument of
Agreement and includes employees, agents, servants,
subsidiaries, subcontractors and or affiliates and when
used in relation to a Vessel, means and includes not
only the owner or owners, but also the charterers and /
or the Master of the Vessel and / or any other person
or persons who, as agent of the owner, charterer or
Master. The term also includes the holder of any share
or interest in the Vessel whether held beneficially or
otherwise.
Client Equipment means any equipment owned or
leased by the Client, or any substituted equipment,
which is provided at any time by the Client to the
Company for the purposes of the Agreement.
Client Representative means the officer nominated in
writing by and representing the Client for the purposes
of the Agreement from time to time, the first being the
person described in Box 2.
Client's Vessel(s) means any Vessel owned,
operated or chartered by Client.
Commencement Date means the date the Contract
commences, as set out in Box 5.
Company Environmental, Health and Safety
Standards means:
(a) all of Company's environment, health or safety
guidelines, standards, policies, regulations,
manuals, procedures or other references;
(b) any other document referred to by the guidelines,
standards,
policies,
regulations,
manuals,
procedures or other references; and
(c) any new, replaced, amended or revised
guidelines, standards, policies, regulations,
manuals, procedures or other references notified
by Company to the Client.
Company Equipment means any equipment that is
not Client Equipment that is owned or leased by
Company, or any substituted equipment, which is
provided at any time by Company to the Client for the
purposes of performing the Company's obligations
under the Agreement.
Company Representative means the officer
nominated in writing by and representing the Company
for the purposes of the Agreement from time to time,
the first being the person described in Box 1.
Completion Date means the date the Contract
completes, as set out in Box 6.
Confidential Information means any information (in
whatever form) or documentation of a confidential
nature (or which the recipient or its Personnel ought
reasonably expect to be confidential) that relates to the
business, affairs or activities of the disclosing Party.
Contamination means the presence of a substance
in, on or under water or land at a concentration above
the concentration at which the substance is normally
present in the same locality, being a concentration that
presents, or has the potential to present, a risk of harm
to human health or the Environment.
Corporations Act means the Corporations Act 2001
(Cth).
Default means a breach of any term or condition of the
Agreement.
Environment means living things, their physical and
social surroundings and interactions between all of
these.
Environmental Harm means any serious or material
harm, damage or detriment to the Environment which is
not Pollution or Contamination.
Force Majeure Event means any occurrence which
delays or prevents a Party performing its obligations
under this Agreement including but not limited to:
(a) acts of God;
(b) extremes of weather, floods, lightning strikes,
earthquakes,
landslides
or
other
natural
phenomenon;
(c) wars, hostilities (declared or not declared), civil or
military insurrection, acts of foreign enemies,
terrorist acts, blockades and embargoes;
(d) acts or orders or directives, requirements or
injunctions of governments or governmental
authorities;
(e) boycotts, strikes, lockouts, labour stoppages or goslows, labour disturbances or other industrial
action;
(f) fire, explosion of materials including power,
electricity and fuel;
(g) epidemic or quarantine;
(h) accidents to or closing at railroads, harbours,
docks, canals, channels or other assistances to or
adjuncts of transport, shipping or navigation,
which are beyond the reasonable control on the part of
the Party affected and which, by the exercise of
reasonable diligence, the affected Party is unable to
reasonably prevent or provide against PROVIDED
THAT an inability by a Party to pay any money due
under the Agreement cannot of itself constitute a Force
Majeure Event.
Government Agency means any federal, state or local
government or any ministry, department, court,
commission, board, agency, institution or similar entity
of that government.
Government Authorisations means all approvals,
consents, authorisations, permits, clearances, licences
or other requirements that are required from any
Government Agency for the Company to perform its
obligations under the Agreement.
Government Notice means any notice, direction,
order, demand or other requirement to take any action
or refrain from taking any action from any Government
Agency, whether written, oral or otherwise.
Group means:
(a) any related body corporate of Company; and
(b) any unincorporated joint venture in which
Company or any related body corporate of
Company has a participating interest of not less
than 50%.
GST means Goods and Services Tax, as defined in the
GST Act, and includes:
(a) an amount an entity is notionally liable to pay as
Goods and Services Tax or an amount which is
treated as Goods and Services Tax under the GST
Act; and
(b) any replacement or subsequently introduced
similar tax.
GST Act means A New Tax System (Goods and
Services Tax) Act 1999 (Cth).
Hazardous Substance means any substance with
potential to cause harm to persons, property or the
Environment because of the chemical, physical and/or
biological properties of the substance.
Insolvency Event means:
(a) a receiver, manager, receiver and manager,
trustee, administrator, Controller or similar officer is
appointed in respect of a person or any asset of a
person;
(b) a liquidator or provisional liquidator is appointed in
respect of a corporation;
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
1
1.1
Terms and Conditions for
Supply of Services
Page 5 of 18
(c) a court grants a petition, or an order is made, for
the bankruptcy of an individual or his estate under
any Insolvency Provision;
(e) a moratorium of any debts of a person, or an
official assignment, or a composition, or an
arrangement (formal or informal) with a person's
creditors, or any similar proceeding or
arrangement by which the assets of a person are
subjected conditionally or unconditionally to the
control of that person's creditors or a trustee, is
ordered, declared, or agreed to; or
(f) a person becomes, or admits in writing that it is, is
declared to be, or is deemed under any applicable
law to be, insolvent or unable to pay its debts.
Insolvency Provision means any law relating to
insolvency, sequestration, liquidation or bankruptcy
(including any law relating to the avoidance of
conveyances in fraud of creditors or of preferences,
and any law under which a liquidator or trustee in
bankruptcy may set aside or avoid transactions), and
any provision of any agreement, arrangement or
scheme, formal or informal, relating to the
administration of any of the assets of any person.
Liabilities means damages, Claims, losses, liabilities,
costs and expenses of any kind.
Native Vegetation means aquatic and/or terrestrial
vegetation that is indigenous to the region in which it is
located.
Personnel means:
(a) in relation to the Company, any of its employees,
Subcontractors, agents and representatives
involved either directly or indirectly in the provision
of the Services under the Agreement;
(b) in relation to the Client, any of its employees,
Subcontractors, agents and representatives; and
(c) in relation to a Subcontractor, any of its
employees, agents or representatives involved
either directly or indirectly in the provision of the
Services under the Agreement.
Party or Parties as the context requires means a
Party or Parties to this Agreement. Third Party means
a party other than the Parties.
Pollution means any alteration of the Environment
which involves the release of any substance, the
discharge of waste, an emission of noise, odour or
electromagnetic radiation or the transmission of
electromagnetic radiation.
Remedial Work means any work to remediate land or
sea affected by Pollution, Contamination or
Environmental Harm, including to:
(a) remove, destroy or reduce;
(b) dispose of or disperse;
(c) contain or encapsulate;
(d) treat;
(e) manage (including restrict or prohibit access to or
use of the affected land); or
(f) abate or control,
any Pollution, Contamination or Environmental Harm
and to remove or minimise any risk or potential risk it
presents to human health or the Environment.
Remediation Date means the earlier of:
(a) the date the Agreement expires in accordance
with the Contract Details; or
(b) 60 days after the date the Agreement is
terminated.
Scope of Services means the scope of services as
specified in Box 3.
Service Fee means the amount payable to the
Company by the Client (per units of time or other
measure) for the provision of the Services as identified
in Box 8.
Services mean the activities that Company shall
perform or cause to be performed and set out in Box 3.
Site means the site or sites specified in Box 4.
Subcontractor means any person engaged or
employed by the Company to perform any of its
obligations under the Agreement.
Term means the term of the Agreement commencing
on the Commencement Date and ending on the earlier
of:
(a) the date the Agreement is terminated; and
(b) the date the Agreement expires in accordance with
the Completion Date.
Vessel means a craft capable of being used, in
navigation by water.
Interpretation
In this Agreement, unless the context otherwise
requires:
(a) references to days mean calendar days
(b) references to a person include an individual, firm
or a body, corporate or unincorporate and the
successors and permitted assigns of any of those
entities.
(c) time for doing any act or thing under the
Agreement which is of a purely administrative
nature will, if it ends on a Saturday, Sunday or
Statutory Public Holiday, be deemed to end on the
day next following which is not a Saturday, Sunday
or Public Holiday'
(d) clause headings and subclause headings do not
for part of, and will not be used in the interpretation
of the Agreement;
(e) words in the singular include the plural and words
in the plural include the singular, according to the
requirements of the context;
(f) words importing a gender include every gender;
(g) communications between the Company, the
Company Representative and the Client will be in
the English language;
(h) measurements of physical quantities will be in
legal units of measurement in Western Australia;
(i) unless otherwise provided, prices are Australian
dollars and payments will be made in that currency
at Perth, unless otherwise agreed;
(j) the words 'include', 'includes' and 'including' are
not to be construed as words of limitation;
(k) reference to a thing (including a right or obligation)
includes a part of that thing;
(l) reference to a document includes a reference to
every agreement or deed which varies that
document;
(m) where and to the extent the context permits,
reference to the Client includes a reference to its
directors, officers and other employees;
(n) reference to a statute, regulation, proclamation,
ordinance or by-law includes any statute,
regulation, proclamation, ordinance or by-law
varying, consolidating or replacing it, and a
reference to a statute includes any regulation,
proclamation, ordinance or by-law under the
statute; and
(o) reference to any government department, statutory
authority, local or municipal authority or other
administrative body includes any department,
authority or administrative body replacing it from
time to time.
(p) If any provision of this Agreement is held invalid or
unenforceable for any reason, that provision will be
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
(q)
(r)
(s)
(t)
(u)
2
2.1
deemed to be severed from the Agreement and
the other provisions of the Agreement will not
affected by the invalidity or unenforceability and
will remain valid in all respects.
No provision of this Agreement will be construed
adversely to a Party solely on the ground that it
was responsible for the preparation of this
Agreement or that provision.
Any consent or approval required under the
Agreement will be in writing and may be given
conditionally or unconditionally or withheld in the
absolute discretion of the person whose consent
or approval is required, unless otherwise
expressly provided.
No variation of this Agreement will have any legal
force or effect unless it is in writing and signed by
the Parties.
Where more than one person comprises a Party,
each person:
(i) is jointly and severally liable for the
performance by that Party of that Party's
obligations under the Agreement; and
(ii) will act jointly in relation to the exercise by
that Party of its rights under the
Agreement.
Unless a contrary intention is specifically
expressed, no provision of the Agreement limits
any right of the Company whether under the
Agreement or under any law.
PROVISION OF SERVICES
Scope
(a) The Company agrees to provide the Services set
out in Box 3 to the Client at, unless otherwise
agreed, the Site set out in Box 4.
(b) The Scope of the Services to be provided by the
Company to the Client may be amended or varied,
as agreed in writing by the Parties from time to
time to include, without limitation:
(i) Provision of Storage Area under licence;
(ii) Loadout and Onloading;
(iii) Stevedoring;
(iv) Plant Hire;
(v) Fuel & Water Supply;
(vi) Cranage;
(vii) Berthage of the Clients vessels;
(viii) Disposal of waste oil and garbage; and
(ix) Slipway Services; and
(x) Landing Warf Facilities.
(c) The Parties acknowledge and agree that the
Terms and Conditions for Supply of Services
govern, and apply to, all Services provided by the
Company to Client unless the Parties agree
otherwise in writing.
(d) Any tasks, functions or responsibilities not
specifically described in Box 3 (Scope of Services)
as part of the Services which are necessary or
incidental to the proper provision of the Services
are deemed to be included in the Scope of
Services as if specifically described in the
Agreement.
(e) Company shall provide all services including
labour, materials, plant and all other things
required for the execution and completion of the
Services.
(f) In providing the Services, the Company may use
its absolute discretion as to the means, methods,
2.2
2.3
2.4
3
3.1
Service Agreement – Mermaid Marine Australia (Supply Base)
Page 6 of 18
techniques, sequences, procedures and controls in
connection with the provision of the Services.
(g) All towage and other services undertaken by the
Company's tugs during the currency of this
Agreement (if any) shall at all times be subject to
the terms and conditions of "The UK Standard
Conditions of Towage and Other Services"
(Revised 1974) a copy of which is annexed to this
Agreement.
Responsibilities and obligations of the Client
The Client must and must use its best efforts to ensure
that all Client Personnel on the Site:
(a) comply with the Company Environmental, Health
and Safety Standards and the Company Policies
(which are available for inspection upon request)
while on Site;
(b) comply with any reasonable and lawful directions
of the Company relating to the provision of the
Services;
(c) ensure that any Company Equipment within the
Client's possession or control is kept in good
working condition and the Client is responsible for
all loss of and damage to any Company Equipment
while in the Client's possession or control, except
to the extent to which the loss or damage is due to
normal wear and tear or the negligence of
Company or its Personnel.
(d) not in its use of the Services do anything to cause
any material damage to the Company's property or
any loss or damage to the Company or to any
person employed either directly or indirectly by the
Company.
(e) at all times ensure that any part of the Company's
property of facilities used for the Services is secure
and safe.
(f) comply with any direction given by the Company to
remove any Vessel, employee or subcontractor of
the Client from the Company’s wharf, facilities or
equipment upon request by the Company to do so.
(g) do not otherwise act in a manner which disrupts or
adversely affects Company's business reputation,
interests and goodwill.
Commencement and Duration
Company shall commence the Services on the date
stated in Box 5 and shall complete the Services by the
date stated in Box 6. The Parties may by written
agreement, extend the provision of the Services
beyond the date in Box 6 at the rate specified by the
Company.
Working Hours
Unless otherwise agreed, Client agrees to observe the
same working hours as the Company.
REPRESENTATIONS AND WARRANTIES
Client representations and warranties
(a) The Client acknowledges and declares that by
entering into this Agreement, the Client has relied
solely on its own inspection, enquiry, perusal and
opinion in relation to the suitability of the
Company's property and facilities and has not
relied on any promise, representation, warranty or
undertaking given by or on behalf of the Company
in respect of the suitability of the Company's
property or facilities for any use required by the
Client and all warranties (if any) implied law are
hereby so far as legally possible expressly
negatived.
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
(b) Subject to clause 2.1(g), the liability of the
Company for claims arising under this Agreement
or in Tort shall be limited, at the option of the
Company, to:
(i) In the case of goods, any one of the
following:
•
The replacement of the goods; or
•
The supply of equivalent goods; or
•
The repair of the goods; or
•
The payment of the cost of replacing
the goods or of acquiring equivalent
goods; or
•
The payment of the cost having the
goods repaired.
(ii) In the case of services, any one of the
following:
• The supply of the services again; or
• The payment of the cost of having the
services supplied again.
(c) The Client warrants that it will procure that both
the Client's Vessel (if any) and the Owner and
Operator of the Vessel shall comply with the
requirements
of
the
International Safety
Management (ISM) Code. Upon request, the
Client shall provide the Company with a copy of
the relevant Document Of Compliance (DOC) and
Safety Management Certificate (SMC).
3.2
Survival
Each of the representations and warranties in this
clause 3 remain in full force and effect despite the
expiry or termination for any reason of the Agreement.
4
SUBCONTRACTORS AND THIRD PARTIES
(a) The Company may subcontract the performance
of any of the Services to be provided under the
Agreement without the prior written consent of the
Client.
(b) The Client agrees that where it requires the use of
services other than those Services provided by
Company (Third Party Services), such Third
Party Services shall be subject to an
Administrative Fee set out in Box 7.
(c) The Client agrees to indemnify and hold harmless
Company against any loss, delay, cost or Liability
arising out of the use of the Third Party Services.
5
5.1
PERSONNEL
ITF
Client warrants and guarantees that the terms and
conditions of employment of the crew of the Client's
Vessel (if any) are acceptable to the International
Trade Federation (ITF) and will remain so for the
duration of the Agreement. Should they not so
conform, the Client agrees to indemnify the Company
for any and all damages the Company suffers as a
result of such non-conformance.
Safety
(a) During the provision of the Services by the
Company, the Client will:
(i) take measures necessary to protect
people and property;
(ii) avoid unnecessary interference with the
passage of people and vehicles; and
(iii) prevent nuisance and unreasonable noise
and disturbance.
5.2
Page 7 of 18
(b) If the Client fails to comply with an obligation under
this clause, the Company, after the Company has
given reasonable written notice to the Client, and
in addition to the Company's other rights and
remedies, may have the obligation performed by
either itself or by others appointed by it (at its
election). In this event, the Client agrees to
indemnify the Company the cost incurred by the
Company in exercising this right.
(c) Company shall not be responsible for the safety of
any property on the Vessel (if any), including the
Vessel herself, or the safety of any equipment of
the Vessel whether the same remains on board or
is landed.
6
SERVICE FEE
(a) The Service Fee is calculated by applying the
relevant service rates set out in Schedule A and/or
Schedule B (Services Rates) to the appropriate
total units of time or other units properly and
reasonably incurred by the Company in the
providing Services;
(b) The Service Fee and the Service Rates (if any) are
subject to adjustment during the Term at the
absolute discretion of the Company.
(c) The Service Fee is exclusive of GST. Any
obligations to pay any stamp duty or statutory
charges under this Agreement shall be the
responsibility of the Client and paid by the Client.
7
7.1
PAYMENT
Payment on provision of invoice
(a) Client will pay the Company the Service Fee for
Services as specified in Box 8 at the times set out
in Box 9, or if there are no times set out in Box 9,
fortnightly.
(b) Client agrees to pay Company the Service Fee
within 14 days after receipt of invoice by the Client.
(c) If payment of the Service Fee is not made by Client
to Company within 14 days after date of the
invoice, the Company is entitled to charge interest
at the rate stated in Box 10 on the amount
outstanding from an including the due date until
payment is received.
(d) Where an invoice is disputed by the Client and
cannot be resolved 7 Business Days before the
invoice is due for payment, the Client will pay the
undisputed portion of the invoice but shall be
entitled to withhold payment of the disputed portion
provided that portion is reasonably disputed and
the Client provides Company with written reason of
the dispute.
(e) Should the Company prove the validity of a
disputed portion of the invoice, Client will pay the
balance of the invoice within 5 Business Days after
the dispute is resolved. Interest will be charged at
the rate specified in Box 10 on such disputed
amounts where resolved in favour of the Company.
(f) Should Client's claim be valid, a correct invoice will
be issued by the Company.
(g) All charges and other payments due from the
Client to Company pursuant to these Conditions
shall, if the Company so requires, be paid by the
Client before the Vessel (if any) leaves its berthing.
Until so paid the charges and other payments shall
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
7.2
7.3
8
be a charge upon the Vessel and the cargo (if
any) contained therein. If the charges and other
payments are required to be paid before the
Vessel leaves it’s berthing, the Company shall
have lien over and be entitled to detain the Vessel
until payment in full. The Client agrees to pay to
the Company delay costs for the amount stated in
Box 11 for each day or part thereof that the Vessel
is detained by the Company pursuant to this
clause 7.1(g).
Claims
(a) The Client must make any Claim in relation to the
Agreement within the earlier of:
(i) 6 months after the provision of the
Services to which the Claim relates; and
(ii) 6 months after the Term,
after which the Client acknowledges and
agrees that Company's liability for that Claim is
extinguished.
(b) This clause 7 survives the expiry or termination of
the Agreement.
Discharging Claims
(a) The Client agrees to reimburse the Company for
any reasonable amount that the Company pays in
discharging a Claim by a Subcontractor or
supplier to the Company who has been engaged
to perform all or any part of the Services (including
all reasonable costs and legal fees) as a debt due
to the Company by the Client.
(b) This clause 7.3 survives the expiry or termination
of this Agreement.
GST
(a) All sums of money or other consideration referred
to or quoted in this Agreement are exclusive of
GST.
(b) Any GST or withholding tax applied by the
Government of Australia to services provided
under the Agreement shall be reimbursable cost
chargeable to the Client, without mark-up.
9.3
9.4
Page 8 of 18
(d) ensure that all rubbish and other debris is removed
from the Site and that the Site is left secure, clean,
orderly and fit for any use specified by Company,
failing which a debt is due to Company from the
Client for any costs Company incurs to ensure the
Site is secure, clean, orderly and fit for the use
specified by Company; and
(e) ensure that any Vessel, tools, equipment, material
or other products brought onto the Site are kept
secure from theft or damage and comply with any
relevant Law, manufacturer or owner specifications
or standards, Company Environmental, Health and
Safety Standards, Company Policies and
Government Authorisations.
Hazardous Substances
(a) The Client and its Personnel must not, without the
prior written consent of Company, cause or allow
any Hazardous Substances to be brought onto,
produced on, transported to or from, treated,
stored or disposed of on the Site.
(b) Before bringing any Hazardous Substance onto the
Site the Client must provide Company with material
safety data sheets on each of the Hazardous
Substances regarding the potential effects on the
Environment and risks to human health of that
substance.
(c) The Client must promptly notify Company of any
discharge, release or threatened release of a
Hazardous Substance on or from the Site or
surrounding land that the Client or its Personnel
become aware of.
Pollution, Contamination and Environmental Harm
(a) The Client and its Personnel must not cause or
allow Pollution, Contamination or Environmental
Harm to occur in, on or under the Site or
surrounding land.
(b) The Client must notify Company immediately upon
the Client or its Personnel becoming aware of:
(i) the existence of Pollution, Contamination
or Environmental Harm affecting the Site
or surrounding land;
(ii) the potential for Pollution, Contamination
or Environmental Harm to affect the Site or
surrounding land;
(iii) any complaint made against the Client or
its Personnel to any Government Agency;
(iv) any proceedings commenced against the
Client or its Personnel, relating to an
alleged failure by the Client or its
personnel to comply with a Law or
Government Authorisation in relation to the
performance by the Client of its obligations
under the Agreement; or
(v) any Governmental Notice being served on
the Client or its Personnel.
9
9.1
ENVIRONMENTAL, HEALTH AND SAFETY
Compliance with Laws, Authorisations etc
(a) While on Site, the Client must at all times comply
with and ensure that the Client's Personnel
comply with:
(i) all applicable laws, including industrial
awards and agreements;
(ii) all Company Environmental Health and
Safety Standards; and
(iii) all Government Authorisations.
(b) The Client must, at its own cost, comply with each
Governmental Notice issued in respect of, arising
from or relating to the performance by the
Company of its obligations under the Agreement,
whether the Governmental Notice is served on the
Company or the Client.
9.2
Entry onto the Site
If the Client enters the Site, the Client must ensure that
the Client and its Personnel:
(a) complete Company's safety induction and visitors'
site orientation programs before entering the Site;
(b) comply with all directions and orders given by the
Company or the Company's Representative;
(c) do not interfere with any of the activities of
Company or any other person at the Site;
REMEDIATION
(a) If the Client or its Personnel cause, allow or
contribute to any release or threatened release of
Hazardous Substances, the Client must, at its own
cost and as soon as practicable, perform Remedial
Work to Company's satisfaction to prevent,
mitigate and rectify any damage or potential
damage resulting from the release or threatened
release to the extent that the release or threatened
release was caused or contributed to by the Client
or its Personnel.
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
10
Terms and Conditions for
Supply of Services
10.2
10.3
10.4
10.5
(b) If the Client or its Personnel cause, allow or
contribute to the Site or the surrounding land
becoming affected or potentially affected by
Pollution, Contamination or Environmental Harm
the Client must, at its own cost and as soon as
practicable but not later than the Remediation
Date, perform Remedial Work to Company's
satisfaction to prevent, mitigate and rectify any
resulting damage or potential damage to the Site
or the surrounding land to the extent that the
Pollution, Contamination or Environmental Harm
was caused or contributed to by the Client or its
Personnel.
(c) Company reserves the right to determine the
method and means of Remedial Work performed
by the Client under this clause 10.1.
(d) If the Client fails to perform the Remedial Work
required by this clause 10.1, Company may do
those things required by this clause 10.1
(including engaging a third party to do those
things) at the Client's expense, and the Client
indemnifies Company in accordance with clause
10.4.
(e) This clause 10.1 survives the expiry on
termination of this Agreement.
Disclosure
(a) Except where required by law, the Client and its
Personnel must not disclose information
concerning the environmental condition of the Site
or surrounding land to any person, including any
Government Agency, without Company's prior
consent.
(b) Where disclosure of information concerning the
environmental condition of the Site or surrounding
land is required by law, the Client and its
Personnel must notify the Company before
disclosing the information.
Environmental Release
The Client releases the Company from all Liabilities
arising from or connected with (directly or indirectly)
the presence of any Pollution, Contamination or
Environmental Harm in, on or under the Site and
surrounding land at any time during or after the Term,
to the extent that the Pollution, Contamination or
Environmental Harm was caused or contributed to by
the Client or its Personnel.
Environmental Indemnity
Without limiting clause 10.1, the Client indemnifies the
Company in respect of all Liabilities and any
judgement, order, obligation or duty for which the
Company is or may become liable, including Claims by
third parties, in respect of or arising from (directly or
indirectly):
(a) Default by the Client or its Personnel under this
clause 10; and
(b) to the extent caused or contributed to by the Client
or its Personnel, any Pollution, Contamination or
Environmental Harm in, on or under the Site or
surrounding land during or after the Term.
RIGHTS TO EXCLUDE PEOPLE
(a) Except with the prior written consent of the
Company, the Client must not allow any person
other than Company's Personnel or the Client's
Personnel to enter the Site.
(b) Company may (and may instruct the Client to)
remove from, or refuse entry to, the Site any
Page 9 of 18
person including a person who in the Company's
opinion is:
(i) engaged in activities which are contrary or
detrimental to the interests of the
Company; or
(iii) not complying with any Company
Environmental,
Health
and
Safety
Standards or any Company policies (as
notified by the Company to the Client from
time to time).
is guilty of misconduct or is incompetent and or
negligent and or fails to follow the Company’s
reasonable instructions.
11
11.1
11.2
Service Agreement – Mermaid Marine Australia (Supply Base)
LIABILITY AND INDEMNITY
Acknowledgment
The Client acknowledges that, if it enters the Site, it
does so at the Client's own risk. The Client must
ensure that its Personnel are also aware that they enter
the Site at their own risk.
Liability and Indemnity
(a) The Company will not be responsible for loss of or
damage to the property of the Client of their
contractors and Subcontractors, including any
Vessel, or for personal injury or death of the
employees of the Client or of their contractors and
Subcontractors, arising out of or in any way
connected with the performance of the Services
under this Agreement, even if such loss, damage,
injury or death is caused wholly or partially by the
act, neglect, or default of the Company, their
employees, contractors or sub-contractors, and
even if such loss, damage, injury or death is
caused wholly or partially unseaworthiness of any
Vessel, and the Client shall indemnify, protect,
defend and hold harmless the Company from any
and against all claims, costs, expenses, actions,
proceedings, suits, demands and liabilities
whatsoever arising out of or in connection with
such loss, damage, personal injury or death.
(b) Client releases Company from and indemnifies
Company from and against any liability, whether
arising in tort, contract, equity, under statute or
otherwise, for all claims and or demands made
against the Company.
(c) Client shall indemnify and keep indemnified
Company from and against liability for all claims
made on or against Company in respect of:
(i) death of or injury or illness to any person;
(ii) any loss of, damage to or destruction of
any property of any person; and
(iii) actual
or
potential
pollution
or
environmental damage and the cost of
cleanup or control thereof arising from
discharge, spills or leaks from any property
of the Client,
(iv) any penalty imposed for breach of any
applicable law in connection with the
provision of the Services; and
(v) any loss, damage, expense or delay
caused by failure on the part of the Client
to comply with the International Safety
Management (ISM) Code,
howsoever caused by, or arising out of or in
connection with the Services or this Agreement
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
11.3
11.4
11.5
11.6
12
(g) The Client must provide the Company with
evidence of the insurance required under this
clause 12, including certification of its currency and
coverage, on request by the Company.
(h) This clause 12 survives the expiry or earlier
termination of this Agreement.
(i) Prior to bringing a Vessel on Site, the Client
warrants that it has relevant cover in an amount of
US$500,000,000 with a Protection & Indemnity
Club which is a member of the International Group
of P & I Clubs in respect of the pollution risks set
out in clause 10 above and undertakes to provide
written evidence of this cover to the Company
upon request to do so.
P&I Insurance
(j) Client warrants that for the duration of the
Agreement, Client's Vessels (if any) will be
insured, at their expense, for P&I risks with a P&I
Club selected from the International Group of P&I
Clubs. Client will inform the Company of the name
of the Client's Vessel's P&I Club prior to the
Vessel's arrival at the port. Client warrants that for
the duration of the Agreement they will not change
the Vessel's P&I Insurers without the Company's
prior consent which shall not be unreasonably
withheld. If Client fails to arrange and keep any of
the insurances provided for under the provisions of
this clause in the manner described therein, the
Company will notify Client whereupon the Client
will rectify the position within three (3) running
days, failing which the Company will have the right
to reject the Client's Vessel without prejudice to
any claim the Company may otherwise have
against the Client.
Hull and Machinery Insurance
(k) Client warrants that Client's Vessel has hull and
machinery insurance in terms no less than the
Institute Time Clauses with a reputable insurer.
Details of the relevant hull and machinery
insurance (including details of the insurer) will be
provided to the Company prior to the
commencement of the Services. Client warrants
that for the duration of the Agreement. the full
amount of hull and machinery insurance on the
Client's Vessel shall not change without the
Company's prior consent which shall not be
unreasonably withheld. If Client fails to arrange
and keep any of the insurances provided for under
the provisions of this clause in the manner
described therein, the Company will notify Client
whereupon the Client will rectify the position within
three (3) running days, failing which the Company
will have the right to reject the Client's Vessel
without prejudice to any claim the Company may
otherwise have against the Client.
and whether caused by a negligent act or
omission or otherwise.
(d) The Client acknowledges that it will be solely
responsible for any pilot, or any tug, engaged for
any reason on a voluntary or compulsory basis by
any party for the Vessel.
(e) Notwithstanding anything to the contrary
contained herein, the Parties agree that section
100 and sections 114B to 114E of the Port
Authorities Act 1999 (WA) shall be incorporated
into this Agreement and shall apply as if the
Company were a port authority as defined by the
Port Authorities Act.
(f) Notwithstanding anything to the contrary
contained herein, the Parties agree that section
113 of the Port Authorities Act 1999 (WA) shall be
incorporated into this Agreement and shall apply
as if the Company were a port authority as defined
by the Port Authorities Act.
Consequential Damages
The Client agrees to protect, defend and indemnify the
Company against any consequential damages
suffered by the Client arising out of or in connection
with the performance or non-performance of this
Agreement, including, but not limited to, loss of use,
loss of profits and cost of insurance.
No proportionality
The Parties agree that the Civil Liability Act 2002 ("the
Act") is expressly excluded from application to this
Agreement pursuant to Section 4A of the Act.
Indemnity continuing
Each indemnity in this Agreement is a continuing
obligation separate and independent from the Client's
other obligations and survives termination of the
Agreement.
No requirement for expense before enforcing
indemnity right
It is not necessary for the Company, a member of the
Group, or their respective Personnel to incur expense
or make payment before enforcing a right of indemnity
conferred by this Agreement.
INSURANCE
(a) The Company will maintain insurance policies
protecting the employees and property of the
Company as it deems necessary.
(b) The Client and its Subcontractors are at risk in
respect to all of the Client's or the Subcontractor's
employees and property.
(c) Unless otherwise agreed with the Company in
writing, the Client must effect and maintain
throughout the Term at its own expense at least
the insurances (Client Insurances) set out in Box
12:
(d) Each of the Client Insurances must be primary in
that the insurer waives any rights it may have to
seek contribution from any other insurer of the
Company.
(e) The Client must ensure that its Subcontractors
have the benefit of, or effect and maintain
insurances similar to, the Client Insurances.
(f) To the extent that the Client and its
Subcontractors maintain insurance coverage in
excess of the requirements of clause 12(c), the
Company is entitled to the benefit of those excess
insurances.
Page 10 of 18
13
13.1
Service Agreement – Mermaid Marine Australia (Supply Base)
FORCE MAJEURE
Notice of Force Majeure Event
If a Party (the Affected Party) is prevented from, or
delayed in, performing under this Agreement by a
Force Majeure Event:
(a) the Affected Party must give the other Party written
notice of that fact within 10 Business Days after
the start of the Force Majeure Event; and
(b) the obligations of the Parties under this
Agreement, other than an obligation to pay moneys
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
13.2
13.3
14
14.1
14.2
14.3
15
outstanding prior to the occurrence of the Force
Majeure Event, are suspended to the extent to
which they are affected by the Force Majeure
Event as long as the Force Majeure Event
continues.
Mitigation of event
The Affected Party must use its best endeavours to
remove, or relieve any effects of, any Force Majeure
Event and to minimise the delay in the performance of
the Affected Party's obligations under the Agreement
caused by a Force Majeure Event. However, this does
not require a Party to settle any industrial dispute in
any way it does not want to.
Cessation of Force Majeure Event
When the Affected Party's obligations are no longer
affected by the Force Majeure Event:
(a) the Affected Party must recommence performance
of all its obligations under the Agreement as soon
as practicable; and
(b) The Company shall be relieved of all Liability for
loss, injury or damage suffered by the Client
during the period of the Force Majeure Event.
TERMINATION
Termination by Notice
(a) Company may, at any time and for any reason,
terminate this Agreement or any part of it by giving
the Client not less [10] days' notice (Notice
Period) of its intention to do so (Termination
Notice).
(b) The Agreement terminates under this clause 14.1
on the day immediately after the expiry of the
Notice Period.
Termination without Notice
Notwithstanding clause 14.1, the Company may by
written notice immediately terminate the Services
without notice under this Agreement if:
(a) the Client fails to perform any of his obligations
under the Agreement;
(b) is likely to have a conflict of interest in their
performance of any fundamental obligation within
the Agreement; or
(c) is in financial distress
Obligations upon Termination or Expiration
Upon Termination or expiration of this Agreement, the
Client must:
(a) immediately take all possible action to mitigate
any Liabilities incurred by it as a result of the
termination; and
(b) take any other action reasonably required by the
Company in relation to the termination.
(c) pay for all Services provided to the Client as at the
date of termination, less any payments previously
made by Client in respect of those Services; and
(d) pay to the Company the reasonable out-of-pocket
costs and expenses that the Company has
incurred up to and including the date of
termination and any other costs reasonably
incurred by reason of the termination;
(e) immediately return to the Company any
Confidential Information belonging to the
Company; and
(f) return to Company any items (including Company
Equipment) provided to the Client by the
Company.
DISPUTES
Service Agreement – Mermaid Marine Australia (Supply Base)
Page 11 of 18
(a) Any issue or dispute relating to the Agreement
must first be referred to Company's Representative
and the Client's Representative who must in good
faith endeavour to resolve the issue or dispute or to
agree on methods of resolving the dispute by other
means.
(b) In the event that the dispute has not been resolved
within 30 days from the date it is referred to the
Parties Representatives, the dispute may be
referred to arbitration by either Party.
(c) The arbitration shall be held in Perth, Western
Australia in accordance with the Commercial
Arbitration Act 1985 (WA) or any statutory
modification or re-enactment thereof. The
arbitration will be subject to the Rules of Arbitration
of the International Chamber of Commerce ("the
Rules").
(d) The tribunal is to consist of three arbitrators
appointed in accordance with the Rules, one of
whom shall be chosen by the Company, one by the
Client, and a third by the two so chosen.
(e) The Arbitrators shall be recognised by the
Australian Centre for International Commercial
Arbitrations or the Institute of Arbitrators Australia
as having expertise in shipping or maritime
matters.
(f) A Party wishing to refer a dispute, controversy,
claim or difference to arbitration shall appoint its
arbitrator and send notice of such appointment in
writing to the other Party requiring the other Party
to appoint its own arbitrator within 14 calendar
days of that notice and stating that it will appoint its
arbitrator as sole arbitrator unless the other Party
appoints its own arbitrator and gives notice that it
has done so within the 14 days specified. If the
other Party does not appoint its own arbitrator and
give notice that is has done so within the 14 days
specified, the Party referring a dispute to arbitration
may without the requirement of any further prior
notice to the other Party, appoint its arbitrator as
sole arbitrator and shall advise the other Party
accordingly. The award of a sole arbitrator shall be
binding on both Parties as if he/she had been
appointed by agreement. Nothing herein shall
prevent the Parties agreeing in writing to vary
these provisions to provide for the appointment of
a sole arbitrator.
(g) Arbitration shall be conducted in Perth in the
English language. The award of the arbitration
shall be final and binding on the Parties and may
be enforced in any court with competent
jurisdiction in the same way as a judgment in such
court.
(h) No action in any court of law arising out of this
Agreement shall be commenced by one Party
against the other unless and until the dispute or
claim has been referred to arbitration as provided
in this clause 15.
(i) The arbitration shall be conducted in accordance
with the Commercial Arbitration Act 1985 (WA)
save except to Parties hereby agree:
(i) a Party may be represented by duly qualified
legal practitioners or other representatives;
(ii) the Arbitrators shall not have the powers
conferred by Section 27 of the Commercial
Arbitration Act 1985 (WA); and
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
(iii) the Arbitrators must include in the arbitration
award their findings on material questions of
law and fact, including references to the
matters on which the findings of fact were
based;
(j) The Parties shall give any necessary consent to
an appeal to the Supreme Court of Western
Australia on any questions of law arising in the
course of arbitration or arising out of the
arbitration award;
(k) Nothing in this clause restricts or limits the right
of either party to obtain interlocutory relief or to
immediately terminate this Agreement where the
Agreement provides such a right.
(ii)
the Company gives written notice to the
Client explaining the reason and duration of
the extension required.
(c) The Company will be entitled to be paid the
Service Fee and any ancillary costs and expenses
during any extension under this clause.
18
18.1
18.2
16
17
CONFIDENTIALITY
(a) Each Party must keep confidential the terms of
this Agreement, the contents of all negotiations
leading to its preparation and all other Confidential
Information, and must not disclose or permit the
disclosure of such Confidential Information to any
other person.
(b) This Agreement does not prohibit the disclosure of
Confidential Information by a Party in the following
circumstances:
(i) The other Party has consented to the
disclosure of the relevant Confidential
Information in writing;
(ii) The disclosure is specifically permitted by
this Agreement;
(iii) The disclosure of Confidential Information
is to an employee, Subcontractor, agent or
representative who needs it for the
purposes of this Agreement and the Party
disclosing the Confidential Information
ensures that the relevant employee,
Subcontractor, agent or representative
understands and complies with the terms
of this clause;
(iv) The disclosure is to a professional adviser
in order for it to provide advice in relation
to matters arising under or in connection
with this Agreement and the Party
disclosing the Confidential Information
ensures that the professional adviser
understands and complies with the terms
of this clause;
(v) The disclosure is required by a court or
governmental or administrative authority;
or
(vi) The disclosure is required by applicable
law or regulation.
(c) This clause 16 survives the expiry or termination
of the Agreement.
VARIATIONS AND EXTENSIONS
(a) At any time during the Term, the Company may by
notice in writing to the Client, vary the Services to
be provided to the Client as a consequence of:
(i) a change in the nature, quality, timing or
sequence of portions of the Services at the
direction of the Client;
(ii) an increase in the costs to provide the
Services which are beyond the control of
Company;
(iii) additional work is required to perform the
Services.
(b) The Company will be entitled to an extension of
time to provide the Services if:
(i) the cause of the delay was beyond the
reasonable control of Company; and
Page 12 of 18
AMENDMENT AND ASSIGNMENT
Amendment
This Agreement shall not be modified, varied,
amended, supplemented, replaced or novated other
than by an instrument in writing signed by an
authorised representative of each of the Parties.
Assignment
A Party cannot assign the Agreement or any right
under the Agreement without the prior written consent
of the other Party.
19
NOTICES
(a) Each of Company's Representative and the
Client's Representative is capable of giving and
receiving any notices required to be given or
received for the purposes of the Agreement and
doing all things necessary to be done by a Party
under the Agreement.
(b) A notice, consent or other communication under
the Agreement is only effective if it is in writing,
signed and either left at the addressee's address
or sent to the addressee by mail, fax or e-mail.
(c) A notice, consent or other communication that
complies with this clause is regarded as given and
received:
(i)
if sent by mail, 3 Business Days after it is
posted;
(ii)
if sent by fax, when the addressee actually
receives it in full and in legible form; and
(iii) if sent by e-mail, when the sender receives
confirmation on its server that the message
has been transmitted.
(d) A Party's postal address, email address and fax
number are those set out in the Contract Details,
or as last notified by the Party.
20
20.1
GENERAL
Governing law
(a) This Agreement is governed by the Law of the
State of Western Australia and the applicable Laws
of the Commonwealth of Australia.
(b) Client and the Company irrevocably and
unconditionally submit to the jurisdiction of the
courts of Western Australia.
Relationship of Parties
(a) The relationship between the Parties is one of
independent contractors and the Client must not
represent itself, and must ensure that its Personnel
do not represent themselves, as being agents,
servants, employees or representatives of the
Company.
(b) Nothing in the Contract is or will be taken as
constituting the relationship of partners or joint
venturers between the Parties or otherwise sharing
risks or rewards or constituting a Party the agent,
servant, employee or representative of the other
Party.
No Reliance by Client
The Client acknowledges and agrees that:
20.2
20.3
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
Terms and Conditions for
Supply of Services
20.4
20.5
20.6
20.7
(a) in entering into the Agreement, the Client does
not, except to the extent expressly stated in the
Agreement, rely on any representation, warranty,
condition or other conduct which may have been
made by the Company, any Group member, or
any person purporting to act on behalf of the
Company or any other Group member; and
(b) the Client has read this Agreement and has made
all necessary and independent inquiries in relation
to all matters relevant to the entry into, and the
performance of its obligations under, this
Agreement.
Waiver of rights
(a) The fact that a Party fails to do, or delays in doing,
something the Party is entitled to do under this
Agreement, does not amount to a waiver of any
obligation of, or breach of obligation by, another
Party.
(b) A waiver by a Party is only effective if it is in
writing. A written waiver by a Party is only
effective in relation to the particular obligation or
breach in respect of which it is given. It is not to
be taken as an implied waiver of any other
obligation or breach or as an implied waiver of that
obligation or breach in relation to any other
occasion.
Further acts
The Parties will promptly do and perform all acts and
things and execute all documents as may from time to
time be required, and at all times will act in good faith,
for the purposes of or to give effect to this Agreement.
21
22
23
Costs
Each Party must bear its own costs arising out of the
negotiation, preparation and signing of this Agreement.
Severability
(a) If a clause or a part of a clause of this Agreement
can be read in a way that makes it illegal,
unenforceable or invalid, but can also be read in a
Service Agreement – Mermaid Marine Australia (Supply Base)
Page 13 of 18
way that makes it legal, enforceable and valid, it
must be read in the latter way. If any clause or
part of a clause is illegal, unenforceable or invalid ,
that clause or part is to be treated as removed
from this Agreement, but the rest of this
Agreement is not affected.
(b) Where a provision is prohibited or unenforceable,
the Parties must negotiate in good faith to replace
the invalid provision by a provision which is in
accordance with the applicable Law and which
must be as close as possible to the Parties'
original intent and appropriate consequential
amendments (if any) will be made to the
Agreement.
SURVIVAL OF PROVISIONS
Each indemnity in this Agreement is a continuing
obligation, separate and independent from the other
obligations of the Parties and survives the expiration or
termination (for any reason) of this Agreement.
EXECUTION OF SEPARATE DOCUMENTS
This Agreement is properly executed if each Party
executes either this document or an identical
document. In the latter case, this Agreement takes
effect when the separately executed documents are
exchanged between the Parties.
ENTIRE AGREEMENT
This Agreement constitutes the sole and entire
agreement between the Parties in relation to the
subject matter they deal with and contain all of the
representations,
warranties,
undertakings
and
agreements of and between the Parties. The Parties
accept that they rely on only those matters expressly
set out in this Agreement as they supersede all prior
negotiations,
contracts,
arrangements
or
understandings with respect to the subject matter dealt
with in this Agreement. There are no representations
warranties, undertakings or agreements between the
Parties, expressed or implied, except as set out in this
Agreement.
Rev: 1/01/2010
Page 14 of 18
Booking of Cranes, Forklifts, Trucks and other
Plant
Plant can be booked by telephoning the Yard
Supervisor on Tel: (08) 9183 6600 or 0418 935 042
Laydown Area
Open storage is calculated on actual area occupied
and allows a 25% access clearance. Minimum open,
and undercover storage is 1 month. Long term rental
rates can be negotiated.
Minimum rental area:
Open
Undercover -
2
500m
2
100m
Calculation of Hours
Normal working hours are Monday to Friday 0700hrs to
1500hrs. Overtime hours are any hours outside of the
normal hours, including Night shift.
Public Holidays are the designated public holidays i.e.
Easter Monday, Christmas Day etc.
All machinery and labour rates incur labour loading as
per labour schedule. 4hr minimums for all Labour on
callouts
Part Hours
Labour hours are rounded up to the next hour.
Offices
Minimum office rental is one month
Use of Mermaid Marine Dampier Supply Base
All activities that occur on the Mermaid Marine
Dampier Supply Base are the responsibility of Mermaid
Marine Management. As such it is imperative that
these activities meet the quality and safety standards
of Mermaid Marine.
To ensure that this occurs the following policies and
procedures apply to any activity occurring on the
Mermaid Marine Dampier Supply Base:
1.
2.
3.
All activities undertaken at the Mermaid
Marine Dampier Supply Base will be
undertaken using the Mermaid Marine Permit
to Work and Safety Management systems.
All permits required will be issued by Mermaid
Marine following a request from the
responsible Manager/Supervisor, Client Project
Manager, Vessel Master or third party
contractor Supervisor utilising our base or
wharf. Permits will be issued by the Yard
Supervisor or Safety Advisor at $60.00 per
permit.
All third party work that is organised and
invoiced through Mermaid Marine will attract
an Organisation and Administration fee of 15%
on the invoiced amount.
Safety and Security Levy
All personnel that visit Mermaid Marine Dampier
Supply Base to carry out work either in Mermaid
Marine Supply Base, or on a vessel alongside
Mermaid Marine Dampier Wharf will attract a Safety
Service Agreement – Mermaid Marine Australia (Supply Base)
and Security Levy of $35.00 per day per man. This
Levy includes part shifts.
Mermaids Security gate will record dates and times of
the personnel entering and exiting the supply base.
Invoicing for this Levy will be done on a monthly basis
i.e. not per project so all contractors employed by the
client will need to be given a project name or reference
if costs are to be separated.
Security Guard Services
Mermaid Marine provide a security guard 24 hours per
day 7 days per week.
Nightshift
All nightshift work will have a stand down charge
applied at the end of either consecutive or single night
shifts.
The fee will be charged at standard rates for an 7.6
hour shift.
1. DEFINITIONS:
OWNER means Mermaid Supply Base Pty. Ltd. A.C.N. 009 200
640.
PLANT means the equipment described overleaf including all
tools accessories and spare parts supplied therewith which the
owner agrees to hire to the hirer.
HIRER means a person or firm hiring plant from the owner, and
any officer, employee or agent of the hirer who signs this
document purportedly on the hirer’s behalf
may be taken by the owner as having full authority to sign on the
hirer’s behalf.
2. RATE OF HIRE:
(a) The hire rates stated overleaf are based on the hirer using the
plant for not more then 8 hours each day.
(b) Where the hirer uses the plant for more than 8 hours in any
one day, a charge of 50% of the daily rate of hire shall be
incurred for each 9 hour period or part
thereof the plant is used, in addition to the daily charge.
(c) The damage theft waiver shall be charged as an extra.
(d) All Government charges, rates and duties (including stamp
duty) on hiring arrangements shall be charged as an extra to the
hire rate.
(e) The owner reserves the right at any time and without notice to
revise the hire rate charges stated overleaf.
3. PERIOD OF HIRE:
(a) The minimum period of hire shall be one day.
(b) Not withstanding any other condition of the agreement and
without prejudice to any other remedies the owner may have
against the hirer, the owner may
terminate this agreement:
(1) At any time provided the owner gives the hirer two days
written notice.
(2) Where the hirer breaches his agreement without notice.
Upon termination of this agreement the owner shall be entitled to
take possession of the plant without notice for which purposes
the hirer hereby authorises the
owner or agents to enter any land or premises of the hirer or
under his control where the plant is situated at the time of
termination in order to remove the plant
therefrom.
(c) The period of hire shall commence:
(1) From the time the plant is collected by the hirer from the
owners premises and shall expire at the time of return of the
plant to the owners premises or,
(2) Where the owner has agreed to deliver or collect the plant
from the time the plant leaves the owner’s premises and shall
expire at the time when he notifies
Rev: 1/01/2010
Page 15 of 18
the owner that the plant is available for collection providing the
hirer has given the owner sufficient notice to enable the plant to
be collected and returned
to the owner’s premises prior to 8am on the day following the last
day of hire.
(d) If the hirer fails to:
(1) Give the owner sufficient notice to enable the collection and
return of the plant to the owner’s premises or,
(2) Return the plant to the owner’s premises before 8am on the
day following the last day of hire,
then the hirer shall incur an extra charge for each day or part
thereof until the plant is returned.
Sufficient notice means notice given to the owner in writing or
telephone or personally between:
(a) 8am and 5pm on weekdays.
(b) 8am and 12noon on Saturdays.
(c) 8am and 10am on Sundays and public holidays.
4. OPERATOR
(a) Unless the owner supplies an operator to work the plant, the
hirer shall employ someone to operate the plant and pay all
wages for that operator.
(b) The owner may supply at the request of the hirer an operator
to work the plant who shall work under control and direction of
the hirer and shall be deemed to
be the servant or agent of the hirer who alone shall be
responsible for all claims whatsoever arising in connection with
the operation of the plant or any third
party.
(c) Where the owner supplies an operator the hirer shall not allow
any other person to operate the plant without the owner’s
consent.
5. HIRER’S OBLIGATIONS:
The hirer shall:
(1) Pay all hire charges and where applicable all delivery and
collection charges.
(2) Use the plant in a skillful and proper manner and only for the
purpose and within the capacity for which the plant was
designed.
(3) At his own expense supply all fuel, oil and grease necessary
for the operation, service and maintenance of the plant.
(4) Accept full responsibility and liability for the safekeeping of
the plant and indemnify the owner for the loss, theft or damage to
the plant however caused and
without limiting the generality of the foregoing, whether or not
such loss theft or damage is attributable to any abandonment of
the plant, negligence, failure or
omission of the hirer.
(5) Ensure that any person using the plant shall comply with all
relevant statutes, regulations and by-laws that apply to the plant.
(6) At his own expense, service, clean and maintain the plant in
good order and repair and condition, reasonable wear and tear
expected.
(7) Upon the completion of the hire period, clean the plant or be
charged a cleaning fee for any cleaning required by the owner.
(8) Not remove or cover any plates or marks that the owner has
affixed to the plant to indicate that the plant is the property of the
owner.
(9) Indemnify and hold the owner harmless against all claims,
actions, suits, demands, costs including all legal costs and
expenses in any way arising out of the use
of the plant by the hirer during the period of the hire whether
caused by negligence of the hirer or his agents or by negligence
of any other person whatsoever
Service Agreement – Mermaid Marine Australia (Supply Base)
or arising out of the condition of the plant or the use to which it is
used.
(10) Not in any way part with possession of the whole or part of
the plant, nor sell, assign, mortgage, pledge, sub-lease, lend or
otherwise deal with the whole or part
of the plant.
(11) Indemnify and hold the owner harmless against any union
actions, suits or demands and shall have no claim whatsoever
against the owner resulting from such
events or protest that affects the plant or property on which the
plant may from time to time be situated.
6. DELIVERY
Where the owner consents to make delivery of the plant the
owner hereby undertakes that it will use its best endeavours to
make delivery by the specified time but in
the event the owner shall not be liable to the hirer for late
delivery, non-delivery or any loss or damage occasioned to the
hirer as a result of such late or non-delivery.
7. DAMAGE THEFT WAIVER
Unless the hirer otherwise elects in writing, a premium of 10%
will apply of the gross hire charged as a damage theft waiver
whereupon the owner agrees to waive its
rights to claim for loss or damage to the plant caused by fire,
storm, collision, accident, theft or burglary on condition that:
(a) Where the hirer gives requisite written notice of its election to
forego damage theft waiver after the commencement of the
period of hire the premium charged
for the period prior to such notice shall remain payable by the
hirer.
(b) The hirer shall make a prompt verbal report followed within 24
hrs of the damage loss by a detailed written report of the damage
or loss.
(c) The damage waiver is subject to payment by the hirer to the
owner of the greater of $500 for each individual item of plant or
8% of the list price of the plant
(d) The damage theft waiver expressly excludes:
(1) Damage or loss of the plant in contravention of these
conditions of hire.
(2) Damage to equipment during transit where transported
outside the local boundaries of Karratha/Dampier/Burrup area.
(3) Damage resulting from lack of lubrication or other normal
servicing of the plant.
(4) Theft or loss of the plant unless locked in a secure place.
(5) Damage to tyres.
(6) Damage caused by the hirer’s negligence or abuse.
(7) Damage caused by an illegal act.
8. INUREMENT OF CERTAIN OBLIGATIONS
The expiration or determination of these conditions of hire
howsoever arising, shall not effect thereafter and shall be without
prejudice to any right or action already
accorded to either the hirer or the owner in respect of any breach
of these conditions of hire of any other party.
9. BREAKDOWNS
Where the hirer notifies the owner in writing within 24 hrs of
breakdown occurring that renders the plant unusable, hire
charges shall not be payable during such time
as the plant is unusable provided the unusable condition of the
plant is not attributable wholly or partly to the hirer’s negligence,
misuse or breach of contract.
Rev: 1/01/2010
Page 16 of 18
DEFINITIONS
Part Hours
Stevedoring
Labour hours are rounded up to the next hour. Berth hire hours
are rounded down.
Stevedoring is based on gang, comprising a Supervisor and
labourers/stevedores. There is a 4 hr minimum charge for any
stevedoring.
Gang
A gang is made up of all stevedoring labour, excluding the
crane/forklift hire and operator. Crane and forklift hire are an
additional cost and can be hired from Mermaid Marine.
SPECIAL TERMS AND CONDITIONS
Use Of Mermaid Marine Dampier Wharf
All activities that occur on the Mermaid Marine Dampier Wharf
are the responsibility of Mermaid Marine Management. As such it
is imperative that these activities meet the quality and safety
standards of Mermaid Marine.
To ensure that this occurs the following policies and procedures
apply to any activity occurring on the Mermaid Marine Supply
Base and Wharf:
1.
All activities undertaken at the Mermaid Marine Dampier
Wharf will be undertaken using the Mermaid Marine
Permit to Work and Safety Management systems.
2.
All permits required will be issued by Mermaid Marine
following
a
request
from
the
responsible
Manager/Supervisor, Client Project Manager, Vessel
Master or third party contractor Supervisor utilising our
base or wharf.
Permits will be issued by the Yard
Supervisor at $60.00 per permit.
3.
All third party work that is organised and invoiced
through Mermaid Marine will attract an Organisation and
Administration fee of 15% on the invoiced amount.
Mooring and Unmooring Rates
Where mooring or unmooring are not continuous with
Stevedoring, a moor or unmoor charge will be applied at the 3
man gang Stevedoring rates shown above. Minimum charge is
one hour.
Bunkering
To organise bunkers, call Shell Direct on (08) 9185 1880.
Cancellation of a Callout
If a callout is requested then cancelled, a 4 hour minimum is
charged at whichever rate is applicable.
Booking a Berth
Complete “Application for Berth” form and fax to Mermaid Marine
(Fax: (08) 9183 6660) by 1500 hrs the day before the berth
space is required.
Booking Labour (Mooring/Unmooring, Stevedoring and
Laydown Area)
Labour must be booked by 1600 hrs the day before labour is
required. This includes the booking of nightshift labour for the
following evening.
If a mooring or unmooring is required at short notice (later than
the time stated above), a call out crew can be arranged by
telephoning the Yard Supervisor on Tel: (08) 9183 6600 or on
0418 935 042.
Safety and Security Levy
All personnel that visit MMSB to carry out work either in MMSB,
or on a vessel alongside Mermaid Wharfs will attract a Safety
and Security Levy per day per man of $35.00. This Levy includes
part shifts.
Mermaids Security gate will record dates and times of the
personnel entering and exiting the Supply Base.
Invoicing for the Levy will be done on a monthly basis i.e. not per
project so all contractors employed by the client will need to be
given a project name or reference if costs are to be separated.
Security Guard Services
Mermaid Marine provide a security guard 24 hours per day 7
days per week.
Nightshift
Booking of Cranes, Forklifts, Trucks and other Plant
All nightshift work will have a stand down charge applied at the
end of either consecutive or single night shifts.
Plant can be booked by telephoning the Yard Supervisor on Tel:
(08) 9183 6600 or on 0418 935 042.
The fee will be charged at standard rates for a 7.6 hour shift.
Service Agreement – Mermaid Marine Australia (Supply Base)
Rev: 1/01/2010
Schedule B - Storage Area Licence
Page 17 of 18
Special Terms and Conditions of Use
1
PROVISION OF STORAGE AREA
1.1
In this Schedule B:
(a) Access Areas means any part of the land
under the Lease that the Licensor makes
available for the purpose of accessing the
Storage Area.
(b) Law includes any requirement of any statute,
regulation, code, proclamation, ordinance or
by-law, present or future and whether State,
Federal, local or otherwise.
(c) Lease means the lease for the Land dated 19
April 1999 entered into by the Licensor and
other parties, a copy of which has been
provided to the Licensee.
(d) Licence means a license granted by the
Licensor to the Licensee to use the Storage
Area and includes an equitable licence and a
licence that arises when the Licensee
commences to use the Storage Area before
the Licence is signed.
(e) Licensee means Client its officers, employees,
agents, visitors, invitees, representatives and
contractors.
(f) Licensor means Company its officers,
employees, agents, representatives and
contractors.
(g) Storage Area means the storage area
described in Box 13. The minimum Storage
Area for an open area is 500 square metres.
The minimum Storage Area for a racked area
is 150 square metres. The minimum Storage
Area for an under cover area is 100 square
metres.
In this Schedule B, unless the contrary intention
appears:
A reference to a Law includes any instruments
made under it and consolidations, amendments, reenactments or replacements of it.
(a) A reference to a party includes that party’s
successors and permitted assigns and, in the
case of a natural person, also includes that
person’s
personal
representatives
and
administrators.
(b) A person includes a company, partnership,
firm, joint venture, association, authority,
corporation or other body corporate.
(c) ‘month’ means a calendar month.
The Licensor grants the Licensee a Licence to use
and occupy the Storage Area.
The Licence
commences on the date specified in Box 14 and
continues from month to month until terminated.
The Licensee must comply with the obligations of
the Licensor under the Lease (except for the
payment of monies) and to the extent that any
obligation is inconsistent with this Licence this
Licence will prevail.
This Licence is contractual only. It does not create
a tenancy or give the Licensee any other interest in
the Storage Area.
The Licensee must pay the Monthly Licence Fee set
out in Box 15 monthly in advance on the first
business day in each month. The Licensor may
increase the Monthly Licence Fee on giving the
Licensee not less than one month’s written notice.
If a Licensee uses the Storage Area for a period of
less than a month, it is liable to pay the full Monthly
Licence Fee.
The Licensee must pay interest, calculated daily
and compounded monthly, on the whole or any part
of the Monthly Licence Fee that is not paid on time.
The interest is payable on the amount outstanding
from the day the Monthly Licence Fee becomes due
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Service Agreement – Mermaid Marine Australia (Supply Base)
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
until it is paid. The rate of interest is stated in Box
10.
The Licensor may, at any time and at its absolute
discretion, alter the Storage Area covered by this
Licence by giving the Licensee written notice of
alternative storage space.
Without prejudice to any of the Licensor’s other
rights under this Agreement, the Licensor may at
any time for it’s sole convenience, and for any
reason, by written notice to the Licensee, terminate
the Licence effective from the date stated in the
Licensor’s notice, or if no such time is stated, at the
time the notice is given to the Licensee.
The Licensee must not use the Storage Area for
any purpose except to store plant and equipment.
The Licensor reserves the right to refuse the
storage of any item that it reasonably considers to
be inappropriate.
The Licensee must comply with any directions given
by the Licensor in relation to the day to day use of
the Access Areas.
The Licensee must not bring into the Storage Area
or Access Areas any petrol, oil or other flammable
or dangerous substance, or allow such a substance
to remain there.
If the Licensee requires access to the Storage Area
between 6pm and 6am on any day, it must give the
Licensor 24-hours notice of this requirement and
reimburse the Licensor for any additional costs the
Licensor reasonably incurs in relation to providing
that access.
The Licensee must not do anything, or allow
anything to be done, which might lead to an
increase in the cost of insurance in respect of the
Land or to the refusal or reduction of a claim under
that insurance, or to the cancellation or non-renewal
of that insurance.
The Licensee must not do anything, or allow
anything to be done, which might interfere with the
enjoyment by others of the use of the Access Areas.
This includes each of the following:
(a) Causing an obstruction to the entrance to, or
exit from, the Access Areas.
(b) Causing a nuisance, obstruction, annoyance or
inconvenience to anyone using the Access
Areas.
The Licensee must comply with any Law or other
requirement that affects this Licence.
The Licensor is entitled at any time to carry out work
of any kind to the Land, even if it adversely affects
the Licensee’s use of the Storage Area. While that
work is being carried out, the Licensor is not
required to provide alternative storage to the
Licensee. However, the Licensor must refund the
proportionate part of the Monthly Licence Fee for
the period during which the Licensee is unable to
use the Storage Area as a result of the work.
The Licensor is not responsible in any way for any
loss, injury or damage within the Storage Area or
the Access Area or in connection with them that is
suffered by the Licensee, or by anyone visiting the
Storage Area. This includes loss of, or damage to,
property left in the Storage Area.
The Licensee will be solely liable for and must
continually indemnify the Licensor against any claim
or proceeding that is made or commenced by any
person against the Licensor and all liabilities,
losses, damages, costs and expenses of the
Licensor in respect of:
(a) any injury to or death of any person (whether
under statute or at common law);
Rev: 1/01/2010
Schedule B - Storage Area Licence
Page 18 of 18
Special Terms and Conditions of Use
1.21
1.22
1.23
1.24
1.25
(b) any damage to or loss or destruction of any
property; or
(c) pure economic loss,
arising out of or in any way connected with anything
done or not done in respect of the Storage Area or
the Access Area or anything in them.
This
indemnity is to apply irrespective of any act,
omission, neglect, default or breach of statutory
duty on the part of the Licensor.
The Licensee must arrange and maintain public
liability insurance on usual terms with a reputable
insurer. The policy of public liability insurance must:
(a) Be for at least $10 million, or a higher amount
the Licensor reasonably requires from time to
time;
(b) Include the Licensor as a co-insured;
(c) Cover any injury to persons or damage to
property within the Storage Area or the Access
Area caused or contributed to by any act,
omission, neglect, default or breach of
statutory duty of or by the Licensee or the
Licensor;
(d) Cover the contractually assumed liability of the
Licensee pursuant to the indemnity in clause
19;
(e) Provide a waiver by the insurer(s) of all
express or implied rights of subrogation
against the Licensor;
(f) Include cover against malicious acts by third
parties.
The insurance must commence from the beginning
of the Licence. The Licensee must maintain it for
the period of the Licence.
The Licensee must give the Licensor a copy of any
policy, certificate of currency or receipt the Licensor
asks for in relation to insurance the Licensee is
required to arrange and maintain.
If the Storage Area is damaged by fire, flood or in
some other way that it is unfit for use, either party
may end this Licence by giving the other party
notice in writing. The notice must be given within 30
days after the Storage Area become unfit.
However, the Licensee is not entitled to end this
Licence if the Licensor is unable to recover from its
insurer because of something the Licensee, or
someone the Licensee is responsible for, did or
failed to do.
The Licensor may end this Licence if the Licensee
fails to pay a Monthly Licence Fee on time. The
Licensor may also end this Licence if a breach by
the Licensee continues for more than 14 days after
Service Agreement – Mermaid Marine Australia (Supply Base)
1.26
1.27
1.28
1.29
1.30
1.31
1.32
the Licensor gives the Licensee written notice of it.
The Licensor will not have to refund any money.
The ending of the Licence will not affect accrued
rights.
When this Licence ends or is ended, the Licensee
must remove all property in the Storage Area.
The Licensor may treat as the Licensor’s own any
property the Licensee leaves behind in the Storage
Area or in the Access Areas when this Licence ends
or is ended.
The Licensee must not attempt to assign or dispose
of any rights it has under this Licence without the
Licensor’s written consent.
The provisions of
sections 80 and 82 of the Property Law Act 1969 do
not apply to this Licence.
The fact that a party fails to do, or delays in doing,
something the party is entitled to do under this
Licence, does not amount to a waiver of that party’s
right to do it, even if it becomes a practice. A waiver
by a party is only effective if it is in writing. A written
waiver by a party is only effective in relation to the
particular obligation or breach in respect of which it
is given. It is not to be taken as an implied waiver
of any other obligation or breach or as an implied
waiver of that obligation or breach in relation to any
other occasion.
The Licensee must make sure that the Licensee’s
officers, employees, agents, visitors, invitees,
representatives and contractors do not do or fail to
do anything in the Storage Area or the Access
Areas that, if the Licensee did it or failed to do it,
would be a breach of this Licence.
If the Licensee is more than one person, each of
them is liable individually under this Licence and
each of them is also liable jointly with any one or
more of the others.
Except where express provision is made to the
contrary, the consideration payable by the Licensee
is exclusive of GST and represents the value of the
taxable supply for which payment is to be made. If
the Licensor is liable by law for GST on the Monthly
Licence Fee, the Licensee must pay to the Licensor
the amount of the GST. The Licensee must pay the
amount at the same time and in the same manner
as the Licensee is required to pay the Monthly
Licence Fee in respect of which the GST relates.
The Licensor must issue tax invoices to the
Licensee in respect of the Monthly Licence Fee as
and when required by the GST Act.
Rev: 1/01/2010