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DEFINITION

Period of hire
The total period of hire includes the time from which the equipment leaves the Base until it is returned to the same base or to a nominated port or airport if so agreed.

Base
The Base means the oil spill response base at Southampton, Bahrain, Singapore or elsewhere as may be determined by the Company.

Daily "In Use"
Equipment shall be deemed to be “In Use” in respect of any period during which the equipment is in use and not in transit or on standby.

Daily "On Standby"
Equipment shall be deemed to be “On Standby” in respect of any period during which the equipment is in transit, on standby or otherwise not in use.

Length of day (equipment)
Where the equipment is in any one day part of the time “In Use” and part of the time “On Standby” then in respect of that day the higher rate shall apply. The length of day with respect to equipment is a 24 hour period.

Length of working day (personnel)
The Company promotes safe working practices and must ensure the safety and welfare of its staff particularly when operating in the high levels of activity of an oil spill incident. The working day is therefore limited to 10 hours. Should extended hours become a necessity, it is the responsibility of the Company’s management to ensure that the appropriate number of staff are deployed to permit an effective shift system to be operated and to advise the client accordingly.

TERMS AND CONDITIONS

Administration Fee
There is no administration fee for Members. A 15% fee will be charged to Non-members on all third party costs including but not limited to consumables, chemical dispersant replacement cost, aviation charter costs and direct operating costs for aviation activities.

Aircraft charter
In the event that a chartered aircraft is required this can be organised through a dedicated broker. Payment from Members is due within fifteen days. Non-members may be required to pay in advance and rates will be subject to a 15% administration fee.

Aircraft insurance
All aircraft contracted by the Company for use in aerial surveillance and dispersant spraying activities (Cessna 310, Cessna 406, Embraer Bandeirante and Hercules) are insured by the service provider, however, if any additional premium is payable due to the nature of a specific operation this will be recharged to the client.

Cap on hire charges (Members only)
Hire charges will be capped at twice the replacement cost of the equipment however rehabilitation, repair and maintenance costs will continue to be charged in the normal way at the end of the period of hire.

Once the capped value has been reached there may be an option to purchase the equipment at replacement cost, the terms for which will be agreed at the time.

Chemical dispersant
Chemical dispersant will be charged at replacement purchase price plus all procurement costs. Non-members will be charged a fee of £2,000 for access to dispersant stocks plus a 15% administration fee.

The hire of dispersant in support of exploration and similar activities is only available to Members.

Consumables
All consumables will be charged at replacement cost. Non-members will also be charged a 15% administration fee.

Deployment of equipment
All equipment supplied by the Company will be accompanied by an appropriate number of Company personnel for the duration of its deployment.

Hercules L382G Aircraft
The Hercules aircraft are available for both dispersant spraying and cargo operations. The quoted rates apply in respect of ‘normal’ response operations where the aircraft is deployed and utilised in response flights for up to a maximum of 10 days. All direct costs will be recharged to the client and an additional administration fee of 15% will be levied on Non-members.

Daily charges for non flying standby periods of greater than 10 days duration will be charged at $15,000 per day and will require special consideration. In the event of a prolonged deployment, the mobilising party must pay for sufficient flying hours and direct operating costs to ensure crew currency and aircraft reliability are maintained. In addition, the mobilising party may be charged if a replacement aircraft is required to cover other operational / contractual commitments which are reliant on the availability of the Hercules L382G aircraft. This option is only available to Members.

Invoicing
Invoices will be issued on completion of the response or, in the case of a prolonged response, invoices will be issued monthly.

Oil Spill Modelling
Fees for oil spill modelling are based on the assumption that the Company is provided with all necessary maps and relevant information (including but not limited to weather, currents, etc) by the client on a timely basis.


Payment
Payment is due within 30 days of the date of receipt of the invoice. Payments still outstanding after 30 days shall bear interest at 3% above the HSBC Bank plc, London base rate current from time to time during the period in question until payment is received.

Rates
The rates contained in this Scale of Fees apply solely to response incidents. Rates for all other services are available on request.

Rehabilitation of equipment
The costs of cleaning and rehabilitating the equipment will be invoiced following completion of the rehabilitation and will include all materials, services and manpower costs.

Taxation
All rates are shown exclusive of VAT and any other taxes including, but not limited to, withholding tax and royalties. If any deduction or withholding in respect of tax or otherwise is required by law to be made from any payment the invoice will be revised accordingly so that, after such deduction or withholding is made, the payment received is for the same amount as it would have been in the absence of any requirement to make such a reduction or withholding.

Disclaimer
The above Terms and Conditions are provided for reference purposes only
and are not comprehensive. For a copy of the full Terms and Conditions please refer to the relevant contract for Members or Non-members.


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