The latest edition of this contract is WRECKSTAGE 2010.
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Box 4 now refers to GT, NT and DWT.
There is a new Box 9 (Permits) which deals with changes made to Clause 6. The remaining boxes, up to and including the original Box 12, have been re-numbered accordingly.
Box 13 (Security Requirements) has been deleted as a result of changes made to Clause 13.
A new paragraph has been added to the Preamble above the signature boxes, to deal with any conflict that may arise between the terms and conditions of Part I and Part II.
The line numbering adopted in this article relates to the new WRECKSTAGE 99, unless otherwise stated.
The original WRECKCON sub-clause 5.4 providing indemnity for the removal, disposal or jettison of property has been deleted, as it is considered that the “hold harmless” provisions of the new sub-clause 14.2.2 adequately deal with this matter.
The Clubs wanted to reverse the obligation by placing the burden on the Contractor to obtain any Permits, etc. However, the final wording leaves it to the parties to decide this matter on a case by case basis by nominating, in Box 9, the party who will be responsible for obtaining permits, licences, etc.
The total number of days “free time”, which do not have to be consecutive, are set out in Box 16. All additional days lost due to adverse weather or sea conditions, as well as all days lost due to other reasons outside the control of the Contractor, shall be paid as additional compensation at the rate set out in Box 14. The Contractor is obliged to advise the Company promptly of all such delays and must confirm his advice in writing as soon as possible.
It is important to note that the Company does not have the right under WRECKSTAGE 99 to terminate the Agreement, even where the delays are prolonged. Consequently, it is important that the Delay Payment Rate in Box 14 is set at a level which will discourage Contractors from seeking to prolong unnecessarily the services under the Agreement.
In sub-clause 9.2 there is provision for delivery by the Contractor at an alternative place, if the nominated place becomes impossible or unsafe to enter, and the Company is unable to nominate another place. This clause also deals with the additional costs incurred as a consequence.
Sub-clause 9.3 provides for delivery under control of pumps, generators, compressors, etc. and payment for same. The consequences of a failure by the Company to take delivery, and the right of the Contractor to sell the property in such a situation are dealt with under sub-clause 9.4. Finally, sub-clause 9.5 explains that references to the “Vessel” includes parts of the Vessel and/or its cargo and that delivery of such may take place at different times and at different places.
In sub-clause 12.6, at line 227, the words “portable salvage” have been inserted to make it clear that the equipment referred to does not include sheerlegs, cranes, tugs, barges, etc.
It should also be noted that sub-clause 14.2.1 has also been amended at lines 264 - 267 by including the words “excluding portable salvage equipment, materials or stores which are reasonably sacrificed during the disposal or other operations on the Vessel, unless the Contractor is the party responsible for such costs as indicated in Box 13 (a))”. This is to avoid any conflict or ambiguity as between sub-clause 12.6 and this sub-clause 14.2.1.
Contractors should note that the cross indemnities relating to liability for pollution from the “Vessel” or from the Contractor’s Craft are excluded from the Agreement. Contractors should therefore ensure that they have adequate and proper cover for such risks.
In addition the Clubs requested that the WRECKCON sub-clause 14.4 be deleted, as it could be used to argue that if the Contractor is liable to a third party and is unable to limit his liability, then the Company should indemnify the Contractor for any excess liability. This could result in the Company accepting liabilities in excess of its own limit of liability.
The wording of the clause has been slightly amended from that found in the WRECKCON Agreement in that a claim must be brought either within 12 months of completion or termination of the services, or within 12 months of notification of a claim by a third party, but any suit must be brought within one year of the notification to the party against whom the claim is made.
Copyright in WRECKSTAGE 99 is held jointly by the ISU and BIMCO.
(Printed in BIMCO Bulletin No. 6, 1999)
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