Common use of SAFE BERTH Clause in Contracts

SAFE BERTH. Carrier shall have the responsibility for determining the safety of each port and berth applicable to the services covered by this Contract, including entry into, laying afloat at, and egress from each such port and berth by the Vessels at all seasons, times and stages of tide. The ports and berths identified herein are agreed by Carrier to be safe for such purposes. In the event substitute or other ports or berths are nominated by Shipper, Carrier shall promptly inspect such ports and berths to determine whether the Vessels can safely enter, lay at and depart from such ports and berths at all seasons, times and stages of tide, and shall immediately notify Shipper in writing if the Vessels or either of them cannot do so, identifying the deficiencies with particularity. Should any port or berth become, in the reasonable opinion of Carrier, unsafe following commencement of this Contract, Carrier shall immediately notify Shipper in writing with full particulars of the hazards and/or dangers and shall await Shipper's instructions. Carrier shall be responsible for the safe navigation operation and berthing of the Tug and Barge at all times.