Terms & Conditions - Blue Water Shipping Company
Blue Water Shipping Company shall at all times exercise our best reasonable care and effort As Agents to expedite the vessels port call while protecting the interest of the Principals to avoid losses and/or unnecessary expenses.
Blue Water Shipping Company, its affiliates and assigns, operate solely in the capacity of “AGENTS ONLY”, and as such are not responsible for debts incurred for services to the vessel. The acceptance of an agency appointment is on the provision that the Agent’s Principal shall hold Blue Water Shipping Company harmless from all legal actions arising from or connected with the agency attendance.
Blue Water Shipping Company offers no credit terms to any party. Principals are required to advance full funding to cover estimated port disbursements prior to vessels arrival into port. In our capacity as agents, any and all costs, expenses and/or fees are to be deposited with our agency prior to expenses being incurred. Blue Water Shipping Company assumes no liability for delays to the vessel or Vendor’s refusal to service the vessel where sufficient funds are not available to cover estimated expenses. Blue Water Shipping Company reserves the right to assess late charges, equal to 18% per annum, penalties, legal cost and/or collection costs arising from insufficient funding or the pursuit of outstanding account receivables.
Agency fees and expenses as indicated herein are applicable at all U.S. ports where Blue Water Shipping Company has offices and at U.S. Ports where Blue Water Shipping Company has Sub-Agency agreements in place. In ports where Blue Water Shipping Company is unable to obtain sub-agency rates as indicated, the Principal will be notified as soon as possible of any differences in Agency Fees and expenses.
APIS - eNoa/d - Filing with United States Coast Guard / National Vessel Movement Center
It is the Master’s responsibility to submit vessels USCG 96 hour notice of arrival/departure (eNoa/d) within the required prescribed time limits. In order for a vessel to enter a U.S. Port, 96 hours prior arrival is currently the minimum time frame within which an eNoa report must be submitted, received by the NVMC and processed without errors. We highly recommend that reports be submitted much earlier than 96 hours in order to allow sufficient time for correction of any mistakes and/or submission errors. Vessels with info path capability can submit this report directly. This reporting requirement and any penalties resulting from failure to submit or for incorrect submission always remains Master/Owner's responsibility. Blue Water Shipping Company can assist with submitting the eNoa/d on vessels behalf for a fee based on the following terms:
Blue Water Shipping Company will exercise reasonable care and attention to file vessels eNoa/d data accurately and correctly within the prescribed filing deadlines; however, it must be agreed that Blue Water Shipping Company cannot accept any responsibility or liability for the correctness and accuracy of information provided by the Vessel / Master / Owner / Operator. The same is true if the data is not received in a timely manner resulting from technical problems or human error or omission and/or any other circumstance(s) beyond our control. Blue Water Shipping Company provides eNoa/d filing as a data exchange service only. Any liabilities and or delays to the vessel whether or not Blue Water Shipping Company was or is claimed to have been negligent or at fault in any way resulting from the eNoa/d filing, rests with the Vessel / Master / Owner / Operator.
Based on the above, Vessel / Master / Owner / Operator requesting Blue Water Shipping Company to file vessels eNoa/d do so at their own risk and shall protect, defend, indemnify and hold Blue Water Shipping Company harmless and blameless from and against any and all claims, fines, penalties, forfeitures, and/or vessel delay/detention resulting therefrom.
Use of Electronic Documents and Systems
By using our services, where applicable, you consent to the use and receipt of electronic versions of information, documents, and records (“electronic documents”). You have the right to withdraw your consent to use and receive electronic documents by sending a request for withdrawal to the Company via email at forwarding@bluewatershipping.com.
All users accessing electronic documents via the Company’s (or a third-party provider’s) system through the web interface are required to utilize browsers approved by the Company. A user shall only utilize authentication tools approved or provided by the Company. Each user shall maintain the security of any authentication tools assigned to them and the confidentiality of any usernames or passwords associated with document downloads or verifications.
A user is responsible for implementing all necessary and appropriate security procedures and measures at its site to ensure that data transmissions through the user representative’s browsers to the Company’s (or third-party provider’s) system are protected against unauthorized access, alteration, delay, loss or destruction. The Company gives no representation or warranty, express or implied, that any electronic documents or data supplied to you is free from any computer virus or other malicious programming or is compatible with your computer systems.