Terms of Engagement and Conditions of Agency Services
Fillette Green Shipping Services (USA) Corp. (hereinafter referred to as Fillette, Green) , its affiliates and assigns, operates in all areas of service solely in the capacity of “Agents Only”. As such, FIllette Green is not responsible for the debts of our clients or third party actions arising from services provided to the vessel. The acceptance of an agency appointment assumes that the agent’s principal shall defend Fillette Green and hold it harmless from all legal actions arising from or connected with the agency attendance with the exception of gross negligence.
Fillette Green operates and maintains port offices responding to our principals and their vessels’ requirements on
a continuous basis. The agency retainer, established in the Schedule of Fees, represents fair compensation covering the cost for maintaining a 24/7 operation and is not necessarily related to the time or effort associated with the attendance of a specific port call. The agency retainer and ancillary service/reimbursable fees collectively represent the compensation due Fillette Green in its attendance as agents. The criteria for fees are based on industry standards and/or required mandates per local or federal regulations. Fees may additionally have a basis relative to liability exposure and/or insurance mandates.
In the event of any fines and/or penalties arising against bonds or guarantees placed by Fillette Green for and on behalf of vessel’s owners, operators or other concerns, Fillette Green fully reserves its rights to require adequate funds to be deposited or equivalent guarantees (acceptable by our underwriters) to be secured prior to the vessel’s departure from port.
Principals engaging Fillette Green are required to advance sufficient funds to cover port disbursement estimates, including cash advances to Master. Funds are required in full prior to vessel’s arrival at port. Services to vessels are not guaranteed without sufficient funds to cover. Fillette Green assumes no responsibility or liability for vendors’ refusal to service vessels where sufficient funds are not available. Fillette Green reserves the right to assess late charges, interest at 1.5 % per month (equal to 18% per annum), penalties, legal costs and/or collection costs arising from insufficient funding or the pursuit of outstanding accounts receivable. Disputes in vessel’s disbursement must be documented in writing within 30 days of receipt of the account. Fillette, Green is not liable with cost, delays or other issues arising from third parties exercise of their legal rights through maritime arrest, in matters where Fillette, Green has not been funded to cover the vendor’s cost and/or claim.
Fillette, Green will exercise due diligence in the timely rendering of port disbursement accounts however will not be bound to time constraints, time barred accounts, established by their principal, or parties engaged for the management of port D/A cost and processes. It is the objective of Fillette Green to render all accounts within 45 days of the vessel’s sailng pending the timely submission of invoices from the various vendors.
Parties engaging Fillette Green’s services are entitled to our detailed Schedule of Fees upon request.