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Standard Trading Terms
  :- 1. Definitions
  :- 2. Application of these Conditions
  :- 3. Services Provided
  :- 4. Charges, Expenses and Liens
  :- 5. Liabilities
  :- 6. Time Limits, Notices
  :- 7. Jurisdiction
 

4. Charges, Expenses, and Liens

a) Unless otherwise agreed in writing, all charges shall be paid:-

i) For services provided in relation to the berthing of Ships, within 7 days of the invoice date;

ii) All other charges, within 30 days of the invoice date.

b) The Customer shall pay to SCT in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counter-claim, abatement or set-off.

c) Where any invoice or part thereof remains unpaid after the due date, interest at 5% above the base rate of Lloyds TSB Bank Plc shall be paid on the outstanding balance.

d) Notwithstanding any agreement by SCT to collect charges from any person other than the Customer, the Customer shall remain liable to SCT for payment of all charges when due.

e) The granting of any credit by SCT (including any credit terms shown on any invoice or the credit terms applied by Clause 4(a) hereof shall be at the absolute discretion of SCT. SCT may, in its absolute discretion, require the Customer to make payment in full or in part immediately upon presentation of an invoice whether this be before or after the Services have been provided.

f) If the Customer fails to make any payment on the due date or if the Customer becomes insolvent or goes into liquidation, either compulsory or voluntary (save for the purposes of reconstruction or amalgamation), or if an administrator, administrative receiver or receiver is appointed in respect of the Customer and/or the whole or part of the Customer's assets, or if the Customer makes any assignment for the benefit of, or composition with its creditors generally or is subject to an equivalent or analogous insolvency event in any jurisdiction:

i) all and any sums owed by the Customer to SCT shall become immediately payable, whether or not such sums are subject to a credit agreement (which shall, for the avoidance of doubt, include the payment terms shown on SCT's invoices and any credit terms applied by Clause 4 (a) hereof); and

ii) SCT may, without prejudice to any other right or remedy available to it, delay or withhold Services, refuse to provide Services or cancel any or all orders for Services with the Customer.

g) SCT shall have:

i) a general lien on all Goods, Equipment or Ships in SCT's possession to secure the payment by the Customer of all charges whatsoever due from the Customer to SCT;

ii) a particular lien on all Goods, Equipment or Ships in SCT's possession;

iii) Upon SCT exercising its lien under Clause 4(g) hereof, storage charges shall apply to any Goods, Equipment or Ship held subject to the lien. Moreover, other charges such as, but not limited to, equipment demurrage and rental charges may accrue. Such storage charges and other expenses shall be for the account of the Customer and the Customer shall indemnify and hold SCT harmless from and against all and any such charges and expenses.

iv) Once a lien under Clause 4(g) has been exercised and upon giving the Customer at least 28 days written notice, SCT may sell, dispose of or otherwise deal with the Goods, Equipment or Ship as agents for and at the expense of the Customer and apply the proceeds towards the payment of any sums due from the Customer.

v) Upon accounting to the Customer for any balance remaining after payment of any due sums and the costs of and associated with the storage, sale, disposal and dealing with the Goods, SCT shall be discharged from any liability whatsoever in respect of the Goods, the Equipment or the Ship.

vi) The notice period for the sale, disposal or dealing with the Goods, Equipment or Ship in clause 4(g)(iv) above shall not apply where the Goods, Equipment or Ship are likely to perish, deteriorate or damage other Goods, Equipment or Ships or property or if SCT considers them to be a danger or hazard to life or the environment. In such circumstances, the right to sell, dispose or otherwise deal with the Goods, Equipment or Ship shall arise immediately upon the sum becoming due. SCT shall take reasonable steps to notify the Customer or other persons interested in the Goods, Equipment or Ship of its intention to sell, dispose or otherwise deal with the Goods.

 

 

   
Terms and Conditions
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