AKROPOLIS MARITIME AGENCY STANDARD PORT AGENCY TERMS AND CONDITIONS (SUMMARY)
DEFINITIONS
- Agent: Akropolis Maritime Agency acting on behalf of the Owner.
- Owner: Vessel owner, manager, charterer, master, or responsible party.
- Services: All services provided or arranged by the Agent for the Vessel.
- PDA (Pro-forma Disbursement Account): Estimated port costs.
- FDA (Final Disbursement Account): Final account of actual costs incurred.
- Disbursements: Payments made by the Agent to third parties on behalf of the Owner.
- Agency Fees: Charges for services rendered by the Agent.
- Pre-funding: Advance payment based on PDA.
TERMS AND CONDITIONS
- Agency Role
The Agent acts on behalf of the Owner and shall exercise reasonable care and diligence. The Agent acts strictly as “Agent Only” and is not liable for third-party service providers. - Third-Party Services
The Agent may appoint service providers on behalf of the Owner. The Agent is not responsible for their performance or liabilities. - Payment Obligations
The Owner shall pay all Agency Fees and Disbursements, including any additional costs arising from changes in scope or delays. - Pre-funding Requirement
100% of the PDA must be paid in advance before commencement of services unless otherwise agreed. Failure to pay may result in:
- Suspension or refusal of services
- Termination of appointment
- Vessel detention until payment is received
The Agent retains a maritime lien for unpaid amounts.
- Revised Costs
If costs increase, the Agent may issue a Revised PDA. The Owner must settle additional amounts promptly. - Estimate Disclaimer
The PDA is an estimate only. Final costs (FDA) may vary due to operational or external factors. - Cancellation
If a vessel call is cancelled, the Owner shall reimburse the Agent for all reasonable costs incurred. - Final Settlement
The FDA will be issued after completion of services. Any outstanding balance must be paid within 3 working days. Excess funds will be refunded. - Late Payment
Overdue payments attract 10% annual interest, calculated daily. The Owner shall also cover all recovery costs. - Right of Set-Off
The Agent may offset outstanding amounts against any funds held on behalf of the Owner. - Confidentiality
All documents, communications, and accounts remain the intellectual property of the Agent and must not be shared without prior written consent. - 14. CONFIDENTIALITY
Both parties shall keep all Confidential Information strictly confidential and shall not use or disclose it without prior written consent, except where:
a. it is already in the public domain;
b. it becomes public other than through breach;
c. it is lawfully obtained from a third party;
d. disclosure is required in the ordinary course of business; or
e. disclosure is required by law or regulation.
13. PERMITTED DISCLOSURE
Confidential Information may be disclosed to directors, officers, employees, advisers, consultants, sub-agents, service providers, or potential assignees on a need-to-know basis.
14. INSURANCE
The Agent shall maintain appropriate liability insurance. The Owner shall ensure that vessels, cargo, and related items are fully insured and shall provide evidence upon request.
15. NON-EXCLUDABLE LIABILITY
Nothing excludes liability for death, personal injury, fraud, or any liability that cannot be limited by law.
16. EXCLUSION OF CERTAIN LOSSES
Neither party shall be liable for indirect or consequential losses, including loss of profit, revenue, business, goodwill, or delay-related losses.
17. NO CLAIMS AGAINST STAFF
The Owner shall not bring claims against the Agent’s employees, officers, or directors for acts performed in the course of Services.
18. LIMITATION OF LIABILITY
The Agent is not liable for loss or damage to cargo or vessels unless caused by its negligence or willful misconduct.
19. TIME BAR
All claims must be notified promptly and within three (3) months, failing which they are deemed waived.
20. INDEMNITY
The Owner shall indemnify and hold the Agent harmless against all claims arising from the Services, except where caused by the Agent’s negligence or willful misconduct.
21. SECURITY & GUARANTEES
The Owner shall indemnify the Agent against claims arising from bonds, guarantees, or securities issued on its behalf.
22. THIRD-PARTY LIABILITY
If the Agent is held liable for the Owner’s obligations, the Owner shall fully indemnify the Agent.
23. SUB-AGENTS
The Agent may appoint sub-agents. The Agent is not liable for their acts unless due care in appointment and supervision is not exercised.
24. ISPS COMPLIANCE
The Agent’s duty is limited to notifying and transmitting ISPS information. Accuracy and timely provision remain the Owner’s responsibility.
25. DELAY
The Agent shall act with due dispatch but is not liable for delays beyond its control.
26. DISPUTE RESOLUTION
Parties shall first seek to resolve disputes amicably through negotiation.
27. PREVAILING TERMS
These Terms apply unless otherwise agreed in writing.
28. DEBT RECOVERY
The Agent may pursue recovery of outstanding payments in any competent court.
29. GOVERNING LAW
Applicable national law shall prevail in case of conflict.
30. AMENDMENTS
Any changes must be in writing and signed by both parties.
31. NO WAIVER
Any consent applies only to the specific matter and does not waive future rights. AGENCY ERMS AND CONDITIONS.
