In addition to any other conditions which may be separately prescribed by regulations, law or enactment, all facilities and assistance of any sort whatsoever provided by the Fraserburgh Harbour Commissioners, (hereinafter called the Commissioners) in or in connection with the Port, whether or not any charge is made by the Commissioners therefore are subject to the following conditions.
Neither the Commissioners nor their servants (in whatever capacity may be acting) shall be responsible for any loss, damage or delay from whatsoever cause arising in consequence of any assistance, advice or instruction whatsoever, given or tendered in respect of any vessel, whether by way of Pilotage or berthing services, the provisions of navigational facilities, including buoys or other channel markings or otherwise howsoever. In all circumstances the master of any vessel shall remain solely responsible on behalf of his owners for the safety and proper navigation of his vessel.
While the Commissioners take every care to ensure that the berths, premises, facilities property, gear, craft and equipment provided by them, are safe and suitable for the vessels permitted or invited to use them, no guarantee of such safety or suitability is given and the Commissioners shall not be responsible for any loss, damage or delay of any sort that may be sustained by or occur to any vessel or her owners or her cargo or any part thereof (whether such cargoes on board or in course of loading or discharging) by whomsoever and by whatsoever cause such loss, damage or delay is occasioned and whether or not it is due in whole or part to any act, neglect, omission or default or on the part of any servant or agent of the Commissioners or by any fault or defect in any of the Commissioners berths, premises, facilities, property, gear, craft or equipment of any sort.
The Commissioners will not be responsible for any loss, damage or delay directly caused by or arising from strikes, lock-outs or labour disputes or disturbances whether the Commissioners or their servants are parties thereto or not.
If in connection with or by reason of the use by any vessel of any berth of any part of the Commissioners’ premises or of any gear or equipment provided by the Commissioners or any craft or any other facility or property, of any sort, whatsoever belonging to or provided by the Commissioners, any damage is caused to any such berth, premises, gear or equipment, craft or any other facility or property, from whatsoever cause such damage may arise, and irrespective of whether or not such damage has been caused or contributed to by the negligence of the Commissioners or their servants and irrespective of whether there has been any neglect or default on the part of the vessel or the owners, in any such event the vessel and owner shall hold the Commissioners harmless from and indemnified against all such damage and against all loss sustained by the Commissioners consequent thereon. Further, the vessel and her owners shall hold the Commissioners harmless from and indemnified against all and claims, damages, costs and expenses arising out of any loss, damage or delay caused to any third party by the vessel or by her master or crew or by any other servant or agent of the owners.
If any vessel sinks or grounds or otherwise becomes, in the opinion of the Commissioners an obstruction or danger in any part of the port or the approach thereto and the owner of the vessel fails to remove the obstruction or damages within a period to be stipulated by the Commissioners, Fraserburgh Harbour shall be empowered to take any steps they may deem to be necessary to remove the obstruction or danger, and any expense of such removal shall be recovered from the owner of the vessel at the time of the accident causing the danger or obstruction.
These conditions shall be constructed according to the Law of Scotland and if so required by the Commissioners the vessel and her owners shall submit to the jurisdiction of the Scottish Courts.