The principle of a knock-for-knock agreement is of course that each party is responsible for its own property, regardless of negligence. The club therefore considered whether the tow recovery costs were to be due to the towing owners. TOWCON is an international agreement on maritime work on a flat-rate basis. The form is intended for the commercial towing industry and is not intended for use in the tow port. The last edition of this contract is TOWCON 2008. The copyright of TOWCON 2008 is BIMCO. Towing wires on tugs are expensive. If they break during a towing operation, who should be responsible for repairing or replacing them? These and other issues were discussed at the last biMCO TOWCON and TOWHIRE 2008 collective agreement review meeting. However, the recovery costs are also not well covered by this description. In comparison, Bimco`s supply contracts free the tug from “any liability arising from [towing]” that would certainly include the tug recovery costs.
Whether the tug owner can avail himself of TOWCON`s Knock-for-Knock provisions for the cost of recovering a tug is therefore an unexplained legal area. There are other provisions of TOWCON that can assist a smuggler in these circumstances. However, these provisions do not offer the same full disclaimer, regardless of negligence, so their applicability depends on the facts of each case. PROJECTCON is a charter party for specialized projects in the tug and inland shipping industry. It was designed to eliminate the need to use up to three different contracts for the same project when a tug and semi-immersive barge are operated in combination with the transport of special loads or projects. Instead of having a contract for the lease of the barge, another for the tug rental and a third for transport, PROJECTCON can be used as a single contractual platform. The last edition of this contract is PROJECTCON, published in 2006. The copyrights of PROJECTCON are from BIMCO. Both claims emerged after the tug lines separated in rough weather and attempts to install replacement pipes failed. As a result, third parties were tasked with recovering the towed vessels. In both cases, the tugs were dragging under the TOWCON forms with unaffected knock-for-knock provisions. There are many circumstances in which a tug and tug must deviate from the intended route or delay the trip.
This raises a number of issues raised at the TOWCON/TOWHIRE subcommittee meetings on the April 21-22 review. “Any responsibility for the disposal of wrecks or for travel, fire or whistling costs, or for the prevention or reduction of pollution caused by schlepau.” SmartCon will be the long-term successor to IDEA. Based on the latest Microsoft technology, we will ensure that we can continue to offer our well-known contracts in the years to come. Nicholas Kazaz is a partner at HFW, where he has focused on international settlement of trade disputes and has specialized in offshore oil and gas, energy and marine.