On Tuesday 12th November 2013 17.00 UK time, the Tarbox Legal Committee (TLC) (currently legal representatives from BP, Chevron, ENI, ExxonMobil, KPIAC, Shell, Statoil Retail and TOTAL) completed the industry Tarbox review and approved release of the updated Aircraft Refuelling Indemnity (Tarbox) Agreements. This allows operations which have a Tarbox Agreement to replace it with an updated version. The most fundamental change to the Tarbox Agreements is that the industry believes it is no longer appropriate, or even acceptable, for one party to take on liabilities arising from these agreements which were caused by another party’s gross negligence or wilful misconduct. These provisions (and the specific references to gross negligence and wilful misconduct), therefore, have been ‘carved out” from the Tarbox Agreements.
The TLC has appointed JIG as the Tarbox Secretariat to help the industry administer and maintain records of Tarbox Agreements. JIG has developed a Tarbox document management tool available on www.jigonline.com and www.tarboxonline.com (for non JIG members) to help facilitate the roll-out of the new Tarbox agreements, store all the master legal Tarbox Agreement templates, communication/training documents as well as electronic copies of all executed Tarbox Agreements. Both websites are password protected and only allow users access to information related to locations their companies have an interest in.
The Tarbox Implementation Working Group has identified a Common Process Lead Contact (CP Lead) for every company that needs to sign the Tarbox Central Agreements and every operation that needs to replace its Local Tarbox Agreement. Your CP Lead can be found on the Tarbox web site. Your CP Lead will answer your questions and explain what you need to do to implement the updated Tarbox Agreements.
JIG is delighted to have been appointed as the Tarbox Secretariat and be able to support the aviation fuelling industry in the management of change and on-going maintenance of this important indemnity regime.
Tony Conway, JIG General Manager