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Terms & Conditions

Scrabster Harbour Trust – Terms & Conditions

“Customer” means any person engaging with the Trust to use any of the Services;

“GT” means gross tonnes as defined and evidenced by an International Tonnage Certificate, 1969 (ITC69);

“Harbour” means any quay, pier, jetty or any other place at which sea going ships can ship or un-ship goods or embark or disembark passengers, and the waters surrounding the same, all within Harbour Limits.

“Harbour Limits” include the following area from a point on the shore at Holburn Head at grid reference (310949, 971559) in a straight line due north to (310949, 973168), then in a straight line due east to (316617, 973168) then in a straight line approximately east south east to (319813, 971844) then in a straight line due south to (319813, 969431) then in a straight line approximately west north west to (316840, 970662), then in a straight line due west to (314423, 970662), then in a straight line approximately west south west to the Coastguard Station Scrabster at (310700, 969120)

“Harbour Master” means the Scrabster Harbour Master, his deputy or any nominee of his;

“Harbour Office” means the Scrabster Harbour Office, located within the Harbour, KW1 47UJ;

“LOA” means a vessels length overall which shall be measured to the next highest full metre;

“Pier” means a pier within the Harbour Limits owned or operated by the Trust;

“Pleasure Craft” means a vessel that is used for sport or recreational purposes only and does not operate for any financial gain to the owner, or as otherwise defined by the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) 1998, (for the avoidance of doubt, vessels with an LOA of over 30m shall not be considered Pleasure Craft);

“Premises” means any area of land or water owned, leased or operated by the Trust, including for the avoidance of doubt that area of water within the Harbour Limits;

“Schedule” means the Schedule of Rate and Dues including these Terms;

“Services” means any services that the Trust provides to the Customer under the this Schedule;

“Terms” means these terms and conditions;

“Trust” means the Scrabster Harbour Trust;

“Trust Land” means any land owned, leased or operated by the Trust.

1.

All Services provided by the Trust are transacted subject to the Terms which shall be incorporated in any legal relationship of any nature between the Trust and its Customers. Any conditions or terms proposed by the Customer are hereby expressly excluded. By entering the Premises, Customers shall be deemed to have accepted these Terms.

2.

All vessels must berth in the Harbour, or anchor within the Harbour Limits, according to the directions of the Harbour Master.

3.

Neither the Trust nor the Customer excludes or limits liability to the other party for death or personal injury caused by the negligence of such party or its agents acting within the scope of their duties.

4.

The Customer will indemnify the Trust in respect of any claim for loss, damage or injury of any person or property occasioned by the wrongful act, neglect or default of the Customer.

5.

The Customer shall be fully insured against all risks (including, without prejudice to the generality of the foregoing, fire, damage, salvage, public liability, and theft, whether due to the negligence of others or not), at all times that they shall remain on the Premises. The Customer shall provide evidence of such insurance to the Harbour Master on request.

6.

The Trust accepts no responsibility or liability whatsoever for any damage caused by a third party to any vessel, vehicle, goods or other property of the Customer on the Premises.

7.

Any vessel, vehicle, goods or other property which is stored on the Premises, is stored entirely at the owners own risk and the Trust shall not be held responsible or liable for any damage either done by or to the vessel, vehicle, goods or other property, howsoever that damage or destruction is occasioned

8.

The Trust shall, in no circumstances, be liable to the Customer (including by way of indemnity) in respect of any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):

(a) any, indirect, incidental, special or consequential loss or damage (whether or not such loss or damage is of the type specified in conditions ([8.(b)-(h)]) below;

(b) loss of actual or anticipated profits;

(c) loss of goodwill;

(d) loss of business;

(e) loss of revenue or of the use of money;

(f) loss of contracts;

(g) loss of anticipated savings; and

(h) loss which could have been avoided by the Customer through reasonable conduct or by the Customer taking reasonable precautions.

9.

The Trust will not be responsible for the safe custody of any goods or livestock landed or deposited upon any Pier; nor will they accept any liability for any loss (whether partial or total) or for any damage however arising which may happen to such goods.

10.

As the Trust has no charge or custody of goods or livestock landed or deposited on the quays, the owners or consignees of such goods must arrange to have them watched appropriately whilst the goods or livestock remain there.

11.

Payments not paid in Pounds Sterling may be subject to an additional handling charge, which shall be calculated at the sole discretion of the Trust.

12.

Within 30 days of a vessel entering the Harbour, either the Master/ Skipper, or Owner, or Agent of such vessel shall furnish, as appropriate, details of either:-

(a) the gross value of fish landed direct from the sea (vessel’s own catch either fresh or frozen), fish products and shellfish, or

(b) cargo loaded or unloaded, and/or,

(c) passengers and/or vehicles and/or livestock embarked and disembarked.

In the absence of such details, the Trust reserves the right to invoice vessels/agents/owners, as it shall deem appropriate, on an estimated basis. The Trust’s normal terms of payment, as set out at condition [16] below shall apply to all such estimated invoices.

13.

Unless otherwise agreed in writing, those compound charges described in Parts 1 and 2 of the Schedule, shall be applicable to the period from 1 April to 31 March.

14.

Vehicles used solely for the conveyance of disabled persons are exempt from any wharfage charge under Part 4 of the Schedule.

15.

Save as otherwise stated in the Schedule, all sums payable under the Schedule are expressed exclusive of value added tax (“VAT”) or other applicable local sales tax, which will be payable by the Customer at the prevailing rate from time to time.

16.

Unless otherwise stated herein or previously agreed in writing by the Trust, payment of all charges under this Schedule shall be made within thirty (30) calendar days of receipt of the Services or request for payment, whichever shall occur earlier.

17.

Unless otherwise stated herein, if the Customer fails to pay any amount due by it pursuant to the Schedule, the Customer shall be liable to pay interest to the Trust on such sum from the due date, for the period from that due date to the date of payment at two (2) per cent per annum above the base lending rate of the Royal bank of Scotland plc from time to time.

18.

Notwithstanding anything in these Terms, if the Customer fails to pay any amount payable by it under the Schedule, the Trust shall have the right to suspend provision of any and all Services until such time as payment is made in full.

19.

Subject to all applicable laws and regulations, the Trust shall have a general lien over any vessel, vehicle, plant or goods and all documents relating thereto in respect of its charges and in respect of any other indebtedness to the Trust of the Customer or the owner of such vessel, vehicle, plant or goods and the Trust shall be entitled to refuse to deliver up the vessel, vehicle, plant or such goods until all such sums have been paid. Storage and other charges accruing on a daily or other periodic basis shall continue to accrue during such period. If any such charges remain unpaid for a period of forty-five (45) days the Trust shall be entitled to take possession of any such vessel, vehicle, plant or goods and to sell them.

20.

The Customer shall be deemed to be bound by and to warrant the accuracy of all description’s values and other particulars relating to goods, plant and vehicles furnished to the Trust for Customs and any other purposes. The Trust shall not be responsible for checking the accuracy of any documentation handled by it. The Customer shall indemnify the Trust against all loss, damages, expenses, claims and fines arising from any inaccuracy or omission in such particulars or from any such declaration made by the Trust.

21.

The Trust shall have no liability to the Customer under the Schedule if it is prevented from or delayed in performing its obligations under the Schedule or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-out or other industrial disputes (whether involving the workforce of the Trust or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction accident breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

22.

No vessel is to be stored on lands owned or leased by the Trust without prior permission of the Harbour Master, whose decision as to the storage area to be used shall be final.

23.

No vessel is to be launched, lifted into or out of the Harbour without prior permission of the Harbour Master.

24.

Nothing in the Schedule shall be deemed to relate to the storage of vessels on the Pentland Firth Yacht Club’s (“PFYC”) Dinghy Park. The Trust and the PFYC are totally separate entities and all enquiries relating to the PFYC Dinghy Park should be made to the PFYC.

25.

The Customer hereby authorises any vehicle, plant or goods to be moved by Trust staff at the sole risk and responsibility of the Customer. The Trust reserves to itself absolute discretion as to the means and procedure to be followed in the handling, storage and transportation of vehicles, plant or goods notwithstanding any express instructions given by the Customer in relation thereto.

26.

The Customers, their employees and agents shall comply in all respects with all applicable laws and regulations, including Trust bye-laws, Acts and Orders, for the use of the Premises and with all directions and requirements of the Trust’s staff.

27.

The Trust shall be entitled to refuse to permit any Customer to enter onto the Trust Land and to refuse to accept any vessel, vehicle, plant or goods on Trust Land. Where any Customer, vessel, vehicle, plant or goods has been permitted to enter the Trust Land, the Trust may nevertheless require them to leave or be removed at any time at its entire discretion and in such event shall not be liable to pay any compensation in respect thereof but shall refund any charges paid in advance in respect of Services not received less the value of any loss or damage caused by such Customer, vessel, vehicle or goods.

28.

The Customer shall be liable for all duties, taxes, levies, deposits and other outlays levied by the authorities in connection with any vessel, vehicle, plant or goods and for any payments, fines, expenses, loss and damage suffered or incurred by the Trust in connection therewith.

29.

If and in so far as any part or provision of the Schedule is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Schedule and the remaining provisions of the Schedule shall continue in full force and effect

30.

The failure of either party to exercise or enforce any right conferred on that party by the Schedule shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

31.

The Trust has the right to impose and vary the charges, and Terms contained herein by right of the Scrabster Harbour Acts and Orders 1841 to 2005 and the Harbours Act 1964. (Under Part III, Section 8 of the Scrabster Harbour Order Confirmation Act of 1975 the Trust is empowered to provide and maintain parking places on Trust Land and may make a charge in respect of any vehicle left at any such parking space.)

32.

All legal relationships and agreements between the Trust and its Customers shall be governed in all respects by Scots law and the Customer hereby submits to the exclusive jurisdiction of the Scottish courts in connection therewith.

33.

Any vessel loading/discharging personnel or goods and using on-board or off-board lifting equipment onto/off any Scrabster Harbour Trust pier will be deemed as having berthed alongside.  This includes vessels alongside but held in position by DP (dynamic positioning).

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