Japan Harbour Tugowners’ Association
Revised February 1st,1971
Tugowners shall apply the towing service only as stipulated in the following conditions.
“Hirer’s vessel” shall mean a vessel for which the towing service is supplied.
“Towing service” shall mean all the services rendered by the tugs for holding, pushing, pulling or moving the Hirer’s vessel and/or assisting the vessel’s handling in any other ways.
“While towing” shall mean the period commencing when the lines/ropes have been passed to or by the tug or when the tug is in a position to receive instructions direct from the master of the Hirer’s vessel, whichever is the sooner, and ending when the lines/ropes have been cast off after completing the towing service or when the tug is safely clear of the Hirer’s vessel, whichever is the later.
The Tugowner and his employees shall in no case be held liable for loss/damage, sustained while towing, to the Hirer’s vessel, or injury/damage to any person or property aboard the Hirer’s vessel;
The owner and master of the Hirer’s vessel shall be liable for and bear loss/damage to the tug or injury to any person aboard the tug caused while towing;
The owner and master of the Hirer’s vessel shall indemnify the Tugowner in case the Tugowner is held liable for damage/injury to a third party while towing;Provided that any such liability for loss, damage or injury as above set out is not caused by want of reasonable care on the part of the Tugowner to make his tugs sea-worthy for the navigation of the tugs during the towing or other services…the burden of proof of any failure to exercise such reasonable care being upon the owner of the Hirer’s vessel.