Any purchase and sell have contracts maritime contracts stands on different
footings then general sell and purchase agreements. If parties are engaged in
trade where transport is through sea then contract formed are called maritime
contract. There are various types of maritime contract as Charter Agreements,
Dockage Agreement, Ship Repair Contracts, Preferred Ship Mortgages, Seafarer
Employment Contracts, Marine Insurance Contracts, Dredging Contracts etc [i].
Here specifically this article is dealing with the essential and perspective of
forming a Dockage Agreement. I referred sample of dockage agreement of
‘Spanish-Wells-Yacht-Haven-Resort-Dockage-Agreement’ to understand how dockage
agreements are formed. Following content is based on the referred
‘Spanish-Wells-Yacht-Haven-Resort-Dockage-Agreement’.[ii] This article only
intents to show how what is intent and perspective of forming the dockage
When sell and purchase is done between the parties the not only seller and
purchaser are engaged but here in maritime law, both parties have to assign a
Vessel Owner or one of them may have their Vessel, Generally Vessel owner is
independent authority , also another party is dockyard company. So here this
dockage agreement is between Vessel Owner and the Company.
This below mentioned information is generally contained
in the starting of the agreement in order to clear the parties to the agreement
which is very necessary in any agreement and especially in the dockage
- Name of Vessel ,Registration No.
- Length of Vessel
- Make of Vessel Year of Vessel
- Arrival Date
- Departure Date
- Name of Owner , Email Address , Emergency Tel No. , Street Address City
State and Zip Code Country Name of Captain, Captain’s Tel No.
Except information mentioned above various agreements may contain various
additional information in their own way, for example information regarding
Clauses in the agreement that may prove effective for Company and Vessel Owner:
- Lease for boat slip- under this clause company leases boat slip to the
vessel owner for the sole purpose of loading or unloading of the dock. Here
boat slip means Boat slips mainly differ from docks in that boat slips are
not as open in space as a dock. Boat slips resemble parking stalls for
watercrafts, whereas docks are more open and may only have one large
- Permitted use and Bailment- this clause is there to protect the interest
of the dockage authority (Port) in order to give access or permit only for
restricted use in pursuance to contract made and not otherwise. And bailment
clause in enshrined in order to avoid any liability or obligation by Port.
Port hereby deny any bailment relationship for goods docked or even for the
vessel at the Port. If Port is denying bailment relationship then
essentially port is treating vessels and goods not in their obligation for
- Relocation – this clause is enshrined in order to show that Port
authorities have right to relocate or change Vessel for reasonable grounds
and only within purpose of the boat slip. Also failure to give notice may
not make port liable if reasonable caution and steps are taken by Port.
- Rental Fee- the clause is between vessel owner and dockage company as
generally Vessel Owner is bound to pay vessel fees to the company for
- Recompense fee for late Payment- Company may have clause for
recompensing fee as charge for not paying the payment decided in stipulated
- Default – the clause stating that any breach in agreement in the context
of not making timely payment will be construed as default by vessel owner
and Company may sue for the remedies in pursuance to provision in the
agreement. Whereas company may keep a safer side as constituting clause as
nothing in this contract will mandate the Company to waive of his right to
- Lien- Company may have clause for right to lien in case any damages or
any default is made by Vessel Owner. Lien may have over the whole vessel ,
material in vessel or both.
- Rules and Regulations- Clause may constitute that Vessel owner have to
abide to Marina Rules and Regulations attached to agreement and conditions
of the agreement. And clause may constitute that in case conflict between
conditions of the agreement and Marina Rules and Regulations then conditions
of the Agreement will prevail.
- Reasonable charges for storage of Vessel- In case agreement is
terminated then Company may ask to remove the vessel and in case Vessel
owner fails to do so then company may take steps to remove the vessel and
store it at a place. The company may charge the vessel owner for the
reasonable price incurred by the company to remove and store the vessel.
- Indemnity Clause- Vessel owner may become indemnifier towards Company
acting as an indemnity holder for damages occurred to company due to any
active and passive acts of the Vessel owner.
- Risk acknowledgement by Vessel Owner- this clause constitutes that
damages caused due to risks arise not out of act of Vessel Owner but
employees of Vessel Owner or any circumstances (foreseeable or
unforeseeable). So this clause makes binding to Vessel Owner to acknowledge
all such risks while agreeing to agreement.
- Insurance- Clause makes it agree between the parties that Vessel Owner
must have insurance of Vessel and Company will not be insurer for the Vessel
or material in the Vessel.
- Sublease of Agreement- Sublease is substituting the party. So clause
will constitute that sublease of agreement will occur only in case where
Company have given prior consent. In case agreement is subleased to new
Owner of the same Vessel then Company will not be bound to frame new
agreement or even change the agreement.
- Doctrine of Severability- this clause will constitute that in case any
conditions in agreement conflicts with the Marina Rules and Regulations then
it will become void only till the extent to which it goes contrary. Such
provisions makes it easy and favorable for both the parties especially for
the Vessel Owner.
- Arbitration- Parties may have Arbitration clause stating that any
dispute arising out of agreement between parties, then parties will settle
the matter by Arbitration, and parties may have right to appeal decision of
Arbitration in Supreme Court or Court of Appeal.
- Jurisdiction- Parties may agree to clause stating that which court will
have jurisdiction over the matter arising out of dispute between the
parties. Generally country whose laws and regulations are followed to frame
an agreement may have jurisdiction.
- Amendments in agreement – Amendments in agreement will be only agreed
when both parties have consent to amendments.
- Termination of Contract – agreement may have a clause stating that
Company may terminate the contract if conditions stated in clause may
appear. The conditions may set by the company of nature that making breach
of the agreement.
- Emergency- agreeing to this clause Vessel owner deemed to allow company
to take reasonable and appropriate steps necessary in emergency situations.