STEVEDORE EQUIPMENT:

Stevedores are responsible for cleaning up their work areas and keeping these areas in a safe, clean condition. If not practical to remove forklifts, cranes and other equipment daily, this equipment will be stored and maintained in an area designated by the Port Authority.

STORAGE:

The Port Authority does not engage in the business of storing or housing any cargo. The Port Authority will not permit cargo to remain on its premises for an unlimited time regardless of such rates and charges published herein. When in the judgment of Port Authority space is not available for cargo to remain on its premises after expiration of free time the Port Authority reserves the right to remove part or all such cargo to any part of its facilities or to send such cargo to any private or public warehouse at risk and expense of the cargo. The Port Authority reserves the right to take and retain possession of all cargo until charges are paid in full, and also reserves the right to sell cargo for unpaid terminal charges according to law. The Port Authority shall not be responsible or liable for any direct or consequential damages to cargo resulting from exercising its rights under this provision.

TANKERS:

A Tankers, loaded, empty, or partially loaded, except in the grain trade (see special rules below) will not be permitted to berth at the port under any circumstances. These rules do not apply to tankers in the grain trade, awaiting a berth at the grain elevator, fitting out, or for trimming non-hazardous cargoes when able to provide a gas-free certificate.

VESSELS REQUIRED TO WORK OVERTIME:

When in the Port Director's judgment, it becomes necessary to expedite the business of the port or to relieve actual or threatened congestion, the Port Director may order a vessel to work overtime at the expense of the vessel to the extent required to achieve these purposes. Failure of a vessel to work overtime to the extent ordered by the Port Director shall subject the vessel, its owners, charterers and agents to additional dockage charges of $500.00 per hour or fraction thereof. If a vessel elects to vacate its berth prior to complying in full with the Port Director's order concerning overtime work, the vessel shall continue to be assessed the aforementioned dockage charges to the same extent as though the vessel had not vacated its berth, and such charges shall continue until the vessel returns to berth and commences overtime work as ordered by the Port Director.

BARGES REQUIRED TO MAINTAIN TUG ASSISTANCE

Barges when moored alongside vessel engaged in direct cargo transfer must maintain tug assistance while involved in this activity at the expense of the owner operator.

376

57A

BARGES MOORED ALONGSIDE VESSELS BERTH 1 & 2: (N)

To ensure safe and unimpeded vessel movements on the waterway in front of the Port of Port Arthur, barge operations will be restricted at Port Authority Berths 1 & 2. Barges will not be permitted to moor alongside vessels in Berths 1 & 2 for the purpose of conducting any activity.

377

57B

WORKING HOURS:

The regular working hours of the Port Authority are from 8:00 a.m. to 12 Noon and from 1:00 p.m. to 5:00 p.m. Monday through Friday, holidays excepted. Services performed during these hours will be billed at applicable straight time charges, except as otherwise shown.

USE OF PORT FACILITIES:

Any stevedoring company or contractor wishing to operate private equipment over Port docks or within the terminal/berth area will be required to meet the following criteria:

(1) The stevedoring company or contractor shall furnish to the Port Director, Certificates of Insurance on their Workmen's Compensation and Employer's Liability and other insurance as described in Item 295.

(2) The stevedoring company or contractor agrees to provide adequate and experienced waterfront supervision to ensure that its employees follow the safety rules and regulations of the Port as they pertain to their cargo operations.

(3) The stevedoring company or contractor shall furnish longshoreman equipment for cargo handling that is in proper working condition, i.e. brakes, hydraulics, tires, etc. All equipment used for cargo handling will be appropriate for that specific job or task.

(4) Any equipment used for cargo handling that is found not to be in proper operating condition shall be red-tagged by port representative, removed from port property immediately and shall not be returned for use until satisfactory evidence of repairs is received by the Port Director.

(5) No stevedoring company or contractor will be permitted to repair or perform maintenance on equipment on either front or back apron area.

All equipment repairs must be performed in area designated by the Port Director.

(6) The stevedoring company or contractor recognizes and agrees that its use of port facilities is a limited privilege which carries responsibility and liability of repairing and/or replacing all equipment owned or leased by the Port and which are damaged and/or destroyed by the stevedore's or contractor's employees. The stevedoring company or contractor also has the responsibility of reporting such damage and/or destruction immediately after the accident.

(7) Any stevedoring company or contractor found not complying with these conditions willfully or through negligence shall be palced on notice to rectify the situation. Failure to do so may result in their ability to operate within the Port facilities being cancelled thirty (30) days from date of notice issued by the Port Director.

(8) These conditions are made part of the agreement to allow stevedoring company or contractor to perform work at port facilities.

 

Outside Storage:

When in the judgement of Port Authority it becomes necessary to relieve actual or threatened congestion of Port Authority warehouse facilities, the Port Authority reserves the right to place cargo outside of its warehouse facilities at the sole risk and responsibility of the owner and/or owner's representative of the cargo. In addition, the provisions outlined in Item 365 will apply.

PAYMENT OF CHARGES (N)

The Port Authority does not recognize the numerous shippers, receivers or consignees and cannot attempt to collect or assist in collecting any port invoices or bills which may be passed on to shippers and consignees by the vessel, its Owners and/or Agent. Such bills are due when presented to the vessel and must be paid regardless of when the vessel, its Owners and/or Agents are reimbursed.

The Port Authority reserves the right to estimate and collect in advance all charges which may accrue against vessels, their Owners and/or Agents, or against cargo loaded or discharged by such vessels, or from other users of the facilities of the Port Authority, whose credit has not been properly established with the Port Authority or who are habitually on the Delinquent List. Use of such facilities may be denied until such advance payments or deposits are made.

382

58B