Section 388: Contracts, services and equitable agreements
(1)
The master of a vessel has authority to conclude contracts for salvage operations on contracts, behalf of the owner of the vessel.
(2)
The master or owner of a vessel has authority to conclude salvage contracts on behalf of the owner of any property on board his vessel.
(3)
No payment is due under the provisions of this part of this Act unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before danger to the vessel arose.
(4)
An agreement for assistance or salvage entered into at the moment and under the influence of danger may at the request of either party to the agreement, be annulled or modified by the court, if it considers that the conditions agreed upon are not equitable.
(5)
If it is proved that the consent of one of the parties to an agreement under this section is vitiated by fraud or concealment, or the remuneration is, in proportion to the services rendered in an excessive degree too large or too small, the agreement may be annulled or modified by the court at the request of the affected party.
(6)
The owner or master of a vessel or owner of any property in danger, not on board the ship, shall not pay for any service rendered by a salvor who is not permitted to do so under this part of this Act.
Cite this section
Section 388, MERCHANT SHIPPING ACT, 2007 (2007).
https://repo.podus.ai/laws/merchant-shipping-act-2007/section/388/