SALVAGE AGREEMENT
"NO CURE - NO PAY" "__"______________200__
The present Agreement is made between ___________________________
(name of a Captain)
______________, the Captain of the vessel ____________________________,
(name and port of registry)
owned by _____________________________________________________________,
(full name and address)
____________________________________, hereinafter called "the CAPTAIN",
and the Salvor ______________________________________________________
______________________________________________________________________
in the person of _____________________________________________________,
hereinafter called "the SALVOR" on the following:
1. The SALVOR undertakes fulfillment of the salvage operation to
salvage the abovenamed vessel, its cargo and any other property on
board and to take the vessel into ____________________________________
___________________________________________________ or any other place
to be agreed upon later with the CAPTAIN.
2. For the purpose of the salvage operations, the SALVOR may make,
free of cost, duly use of the gear, chains, anchors and other
facilities of the vessel being salvaged.
3. For the performance of the operations, provided for by
the clause 1 of the present Agreement, if the parties fail to agree
on amount of remuneration, the SALVOR, in a case of useful outcomes of
salvage, shall receive remuneration to the amount of _________________
______________________________________ or to the amount to be fixed by
the Maritime Arbitration Commission at the Ukrainian Chamber of
Commerce and Industry in Kyiv (33, Velyka Zhytomirska Street).
If the certain amount of salvage remuneration is provided for by
the parties in the Agreement, this amount can, nevertheless,
be challenged by each of the parties in the Maritime Arbitration
Commission at the UCCI. Any salvage Agreement concluded in the moment
and under the influence of danger may be declared invalid at the
request of one of the parties or altered by the judicial order of
the Maritime Arbitration Commission at the UCCI if the terms of the
Agreement be recognized unfair.
The amount of remuneration can by decreased and in remuneration
can be refused if the SALVOR through his own fault has created the
necessity for salvage or committed theft, misappropriate property or
committed other illegal actions.
Any other disputes arising between the parties in this Agreement
shall be also settled by the Maritime Arbitration Commission at
the UCCI.
4. If the SALVOR wish to secure his claim under this Agreement,
he shall, immediately after the termination of the salvage operations,
notify the Maritime Arbitration Commission at the UCCI about this and
state the amount of the requested by him security.
The amount and form of the security for the SALVOR'S claim shall
be determined by the President of the Maritime Arbitration Commission
at the UCCI.
5. When submitting a dispute based on this Agreement to the
Maritime Arbitration Commission at the UCCI, each party must, within
30 days after termination of the salvage operation and rendering
assistance, inform the President of the Maritime Arbitration
Commission about the name of the arbitrator chosen from the
Recommendatory List of Arbitrators, approved by the Ukrainian Chamber
of Commerce and Industry.
If one of the parties fails to nominate an arbitrator within the
above time limit, the President of the Ukrainian Chamber of Commerce
and Industry shall appoint an arbitrator at his own discretion.
The parties may, by mutual consent, leave the personal choice of
the arbitrators to the discretion of the President of the Ukrainian
Chamber of Commerce and Industry, who can in this case assign the
settlement of the dispute to a sole arbitrator, appointed by him from
Recommendatory List of Arbitrators of the Maritime Arbitration
Commission at the UCCI.
6. The arbitration procedure is governed by the Rules of the
Maritime Arbitration Commission, approved by the Presidium of
the Ukrainian Chamber of Commerce and Industry.
7. Upon the SALVOR'S request the Maritime Arbitration Commission
at the UCCI can, before making the Award in the essence, decide on the
payment to the SALVOR of his expenses actually occurred from
the amount provided as security.
8. The CAPTAIN enters into this Agreement as the representative
of the ship-owners and the cargo-owners and binds each of them
(without responsibility one for other and without personal
responsibility of the CAPTAIN) to the proper performance of
the Agreement.
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