CONDITIONS, RULES AND REGULATIONS

The Conditions, Rules and Regulations section is divided into the following subsections:

201 ADMINISTRATION
202 JURISDICTION
203 APPLICATION AND INTERPRETATION OF TARIFF
204 CONSENT TO TERMS OF TARIFF
205 HELD HARMLESS
206 RESPONSIBILITY FOR DAMAGE TO FACILITIES
207 EXONERATION FROM LIABILITY
208 ALTERATIONS TO TARIFF
209 ACCESS TO RECORDS
210 INSURANCE
211 CURRENCY
212 PAYMENT IN ADVANCE
213 PAYMENT OF INVOICES
214 PORT FACILITY WORKING HOURS
215 NORMAL WORKING HOURS
216 OVERTIME HOURS
217 SAFETY
218 NOTICE OF ARRIVAL
219 DOCUMENTATION
220 CARGO HANDLING RIGHTS
221 CONTAINERS - VESSEL BERTH ASSIGNMENT
222 VACATING A BERTH
223 DANGEROUS HAZARDOUS OR OBNOXIOUS CARGO
224 REMOVAL OF OBJECTIONABLE CARGO
225 DISPOSITION OF UNCLAIMED CARGO/SALE BY PUBLIC AUCTION
226 GENERAL RESTRICTIONS AND LIMITATIONS
227 FRESH WATER
228 PUBLIC HEALTH SERVICES
229 PORT HANDLING
230 PALLETISED/UNITISED LOADS
231 DIRECT DELIVERY
232 PORT RECEIVING/RELEASING CHARGE (PRC)
233 DOCUMENT PROCESSING CHARGE (DPC)
234 PASSENGER HANDLING CHARGE (PHC)
235 RADIO FREQUENCY IDENTIFICATION (RFID) TAGS FOR CONTAINER TRUCKS ENTERING INTO PORT
236 DISCHARGING AND LOADING
237 ORDERING THE PORT LABOUR
238 DETENTION OF PORT LABOUR
239 PORT LABOUR
240 GANG ALLOTMENT
241 FRESH WATER FOR LABOUR
242 SPECIALIZED CARGO GEAR
243 LOADING/DISCHARGING REPORT
244 DELAY REPORT
245 DISCHARGING/LOADING AT ANCHORAGE
246 SAFETY PRECAUTIONS
247 IMPORT BOATS HANDLING
248 GENERAL CARGO PACKAGES WITH NIL MARK
249 RO-RO VESSELS AT THE CONTAINER TERMINAL
201  ADMINISTRATION

The administration of the Port Operator is under the Port Authority. The Port facilities covered by this Tariff are Port Rashid and the Jebel Ali Port located in Dubai, United Arab Emirates.

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202  JURISDICTION

The Port Authority has jurisdiction over all of the Port Facilities.
The Port Operator has the sole right to operate and mange the Port Facilities.

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203  APPLICATION AND INTERPRETATION OF TARIFF

Rates, rules and regulations contained in this Tariff shall apply unless otherwise specified by written amendment.

These rates, rules and regulations shall apply equally to all Users of the Port Facilities (and to any individual, person, firm or corporation engaged in and/or responsible for the handling of a Vessel and/or the movement of its Cargo, including but not limited to; Vessel and/or Cargo Agents, Charterers, Brokers, Freight Forwarders and Shippers or Consignees) and generally shall apply to all traffic at the Port Facilities.

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204  CONSENT TO TERMS OF TARIFF

The use of the Port Facilities shall constitute a consent to the terms and conditions of this Tariff, and evidence, agreement on the part of all Vessels, their Owners, Operators, Charterers, Mortgagees or Agents, the Cargo Owners and Agents (Shippers or Consignees) and other Users of the Port Facilities, to pay all charges specified, and to be governed by all rules and regulations appertaining to the Port Facilities.

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205  HELD HARMLESS

Each Vessel Owner, Operator, Charterer or their Agents whose Vessel calls at the Port and each Owner or Agent of Cargo handled there'at as a condition to receiving services at the Port hereby agrees to indemnify and hold harmless the Port Authority and the Port Operator; any of its agents, servants or employees (and any other person, firm or corporation engaged by the Port Authority and the Port Operator to furnish labour, materials or equipment relating to the receipt or handling of unit loads or Containers, their Cargo or Vessels at the Port) from and against all losses, claims, demands and suits for damages (including court expenses and counsel fees), for death or personal injury or property damage that may be imposed upon the Port Authority and the Port Operator or any of its agents, servants, employees or contractors by any Vessel Owner, Operator or Charterer or such Cargo Owner (or their agents or employees) as a consequence of services at the Port.

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206  RESPONSIBILITY FOR DAMAGE TO FACILITIES

All Users of the Port, or their Agents, shall be responsible for any damage resulting from their use of berths or any of the Port facilities and the Port Operator reserves the right to repair, or otherwise cause to be repaired, any and all such damage at the expense of such users.

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207  EXONERATION FROM LIABILITY

As per item 205.

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208  ALTERATIONS TO TARIFF

The Port Operator reserves the right to alter, change, or amend from time to time any or all charges, terms, conditions or interpretations contained in this Circular with or without prior notice.

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209  ACCESS TO RECORDS

The Port Operator reserves the right of access to all Cargo manifests, documents and other information relating to Vessels or Cargo for the purpose of audit and verification of reports filed and assessment of charges. Any such information so acquired shall not be disclosed to any person other than a member of the Port Authority/Port Operator in carrying out official duties required by law.

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210  INSURANCE

Charges published in this Tariff do not include any expense for insurance covering the Cargo, Containers, Vessels or other equipment. It is the Port Facility user’s responsibility to provide such insurance coverage.

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211  CURRENCY

All rates are stated and are payable in U.A.E. Dirhams (AED).

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212  PAYMENT IN ADVANCE

The Port Operator may at its sole discretion, estimate and collect in advance all charges which may accrue against Cargo or Vessels. Use of the Port Facilities, or permission to sail, may be denied until such advance charges have been paid.

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213  PAYMENT OF INVOICES

All invoices are issued as due on presentation, unless otherwise agreed to in writing between the Port Operator and User. Failure to pay may cause a lien to be placed on the goods handled at the Port Facility and responsible party may be denied further use of the Port Facility until all outstanding charges have been paid. The Port Operator reserves the right to apply interest at the rate of 2% per month or part thereof on any invoice or part thereof remaining unpaid beyond the due date.

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214  PORT FACILITY WORKING HOURS

214.1 Administration

Port Operator Administration hours are from 07:30 hours to 15:30 hours Sunday to Thursday, excluding Public Holidays.

214.2 Cargo Handling

Cargo handling operations are available 24 hours a day throughout the year.

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215  NORMAL WORKING HOURS

215.1 Working Hours at General Cargo and Container Freight Stations

Normal working hours are from Saturday to Thursday inclusive (excluding Public Holidays and Friday) as follows:

Jebel Ali Port 07:00 hours to 12:00 hours 13:00 hours to 16:00 hours
Port Rashid 07:00 hours to 13:00 hours 14:00 hours to 16:00 hours

Any activity outside of normal working hours must be pre-arranged with the Port Operator and overtime rates will apply.

215.2 Working hours at Container Terminals

Container handling operations are available 24 hours a day throughout the year. Normal overtime is included in the handling rates. Overtime will be charged as per item 216 on holidays officially declared by the Port Operator. Shift timings as under :

Day Shift From 07:00 to 19:00 hours
Night Shift From 19:00 to 07:00 hours

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216  OVERTIME HOURS

Overtime will be charged for all hours worked outside normal working hours, at the discretion of the Port Operator.

216.1 Port Facilities (General Cargo & Container Freight Station)

Saturday to Thursday

12:00 – 13:00 hours (Jebel Ali)
13:00 – 14:00 hours (Port Rashid)
16:00 – 07:00 hours (Port Rashid & Jebel Ali)
AED 200 per Location per gang hour or part thereof (Shed/Open Area)

All Hours Worked On Friday

AED 200 per Location per gang hour or part thereof (Shed/Open Area)

All Hours Worked On Public Holidays

AED 300 per Location per gang hour or part thereof (Shed/Open Area)

Above rates will apply on an hourly basis when overtime hours are continuous with normal working hours. (If not continuous, three hours minimum charge at the above rates will apply).

Note:

  1. All requests for labour shall be submitted by 12:00 hours on the previous working day.
  2. The Port Operator reserves the right to allocate gangs and decide extension of overtime to be worked on the Vessel. Overtime to be worked at Vessel‟s expense.

216.2 a)  Vessels (Except Reefer)

Day Port Timings Charges in AED
Saturday to Thursday Jebel Ali 12:00 - 13:00 hours 200 per gang hour or part thereof
16:00 - 07:00 hours
Port Rashid 13:00 – 14:00 hours
16:00 - 07:00 hours
All Hours Worked On Friday 200 per gang hour or part thereof
All Hours Worked On Public Holidays 300 per gang hour or part thereof

b)  Reefer Vessels

As in 216.1, regular overtime AED 200 per gang hour or part thereof, public holidays AED 500 per gang hour or part thereof.

216.3 Container Cranes

AED 300 per crane per hour during declared public holidays.

216.4 Holy month of Ramadan

The working hours during the holy month of Ramadan will change according to the discretion of the Port Operator.

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217  SAFETY

Parties using Port Facilities are required to conform to all of the current safety rules and regulations issued by the Port Operator or any Local Authority.

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218  NOTICE OF ARRIVAL

Each Vessel Owner, Operator or Charterer expecting to dock a Vessel at the Port Facilities for the purpose of loading or discharging Cargo shall give the Port Operator 48 hours prior notice of the arrival of such Vessel and furnish such information as the Port Operator may require (see Item 219). Reconfirmation of the Vessel‟s arrival shall be made by the Vessel‟s Agent 24 hours prior to arrival and by the Vessel‟s Master when he is in VHF radio contact with the Port Signal Station on VHF Channel 16.

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219  DOCUMENTATION

The following documents should be submitted to the Port Operator electronically at least 48 hours prior to the Vessel‟s arrival. Failure to do so may result in the withholding of Vessel‟s clearance to sail from the Port Facility until such time as they are made available. Late submission of each EDI file will be charged AED 700 per document.

219.1  Discharging Vessels

Cargo Stowage Plan
Cargo Manifest
Hatch List/Discharge List
Hazardous & Dangerous Cargo Declaration
Passenger Manifest

219.2  Loading Vessels

Customs Endorsed Export Declaration (for each shipment)
Cargo Stowage Plan
Cargo Loading List
Hazardous & Dangerous Cargo Declaration
Passenger Manifest

Note : For categories 219.1 & 219.2, in the absence of any hazardous or dangerous Cargo, a ‘NIL’ Hazardous & Dangerous Cargo declaration must be made.

219.3  Cargo Handling Gear

All Vessels not registered with an approved Society using their own gear for Cargo operations should deliver to the Port Operator, at least 48 hours prior to Vessels arrival, the following information:

  1. Type of Cargo handling gear;
  2. Capacity of Cargo gear (swing boom/union purchase); and
  3. Date of last quadrennial and annual inspection.

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220  CARGO HANDLING RIGHTS

The Port Operator reserves the right to control and perform the loading, unloading and handling of all Cargo.

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221  CONTAINERS - VESSEL BERTH ASSIGNMENT

All Vessels loading or discharging Containers at the Port facilities shall load or discharge their Containers at the Container Terminal unless otherwise directed by the Port Operator. Containers handled outside of the Container Terminal will be subject to additional shifting charges in accordance with item 506

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222  VACATING A BERTH

The Port Operator reserves the right to instruct a Vessel to vacate its allocated berth on completion of discharging or loading.

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223  DANGEROUS HAZARDOUS OR OBNOXIOUS CARGO

Articles of a dangerous, hazardous or obnoxious nature will only be received at Port Facilities by advance arrangement with the Port Operator in conjunction with the Port Authority. The Port Operator and the Port Authority reserves the right to refuse or handle any Cargo or provide storage which in its judgment is likely to damage human health, other Cargo or property.

The handling of such goods will be governed by the code of practice on the management of dangerous goods in the Emirate of Dubai and the International Maritime Dangerous Goods Code published by the International Maritime Organization (IMO) as listed below:

Class:
  1. Explosives
  2. Gases: compressed/liquefied/dissolved under pressure
  3. Flammable liquids
  4. Flammable solids/substances liable to spontaneous combustion
  5. Oxidizing substances and organic peroxide
  6. Poisonous and infectious substances
  7. Radioactive substances
  8. Corrosives
  9. Miscellaneous dangerous substances

Note: The articles under IMDG Class 1 and 7 shall not be handled unless prior approval is obtained from concerned Government Authorities in UAE. These articles will be handled only on direct delivery/loading basis

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224  REMOVAL OF OBJECTIONABLE CARGO

The Port Operator and the Port Authority reserves the right to move to another location and/or inspect any Cargo or Container, which in its judgment is likely to damage other Cargo or property, at the risk and expense of the Owner or Agent of the Cargo or Vessel.

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225  DISPOSITION OF UNCLAIMED CARGO/SALE BY PUBLIC AUCTION

Goods remaining in the Port unclaimed for a period of more than:

  1. Three months for General Cargo
  2. Three months for Vehicles and other Road–Moving Equipment
  3. One month for Hazardous Cargo
  4. One month for Refrigerated Containerised Cargo
  5. Three months for all other Containerized Cargo
  6. Six months for Empty Containers

For which the respective Port Tariff and Customs charges have not been paid, may be auctioned and sold by Dubai Customs and/or the Port Operator

Note: For the Goods purchased from Public Auction, Port Handling and Storage Charges shall be collected from the Buyers as per Tariff item 401.16 and 404

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226  GENERAL RESTRICTIONS AND LIMITATIONS

Under the application of this Tariff, the Port Operator reserves the right to refuse to provide storage or handling of goods which have not been transported, nor intended to be transported by water to or from Dubai or to provide service beyond the reasonable capacity of the Port Facility or its equipment.

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227  FRESH WATER

Fresh water may be purchased from the Port Operator nominated Suppliers at the Quayside subject to availability.

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228  PUBLIC HEALTH SERVICES

Public health services, including garbage collection and pest control are provided by the Port Authority. Compulsory use of these services is required for all Users and Vessels in the Port Facilities. Refer to Appendix 1 for charges.

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229  PORT HANDLING

Port Handling is a service charge for providing the Port Facility quays and its waters, other facilities and management and includes handling and movement of Cargo from the hook of the Vessel up to presentation to consignee’s transport and includes standard mechanical equipment and Labour.

For lifts over 20 Tonnes or with unsuitable configuration for handling with standard equipment the consignee or his Agent must provide suitable crane capacity. Port Facility cranes are available for hiring as required. (See Section G for rates).

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230  PALLETISED/UNITISED LOADS

Palletised/Unitised rates shall apply to Cargo which fulfils the following conditions:

  1. The Cargo must be in small packages or units which are wrapped and/or strapped together on a pallet.
  2. The pallet must be a device on the deck of which a quantity of goods can be assembled to form a unit load for the purpose of transporting it, or of handling or stacking it with the assistance of mechanical equipment. The overall height and dimension of the pallet should be reduced to the minimum compatible with handling by forklift trucks and pallet trucks.
  3. The palletised unit must not be more than 2,500 kilograms in weight or 4 cubic meters in measurement and the longest side of the Cargo must not be more than 2 meters.
  4. The palletised/unitised Cargo must be discharged or loaded wherever applicable with the aid of forklift trucks onboard and on wharf.

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231  DIRECT DELIVERY

Charges cover exports delivered directly to Vessel's hook, or imports of which delivery is taken directly from Vessel‟s hook by the consignee or his agent onto road transport or other mode arranged by him and which are received onto such transport as fast as the Vessel can deliver. Charges also cover bulk materials delivered directly into pipelines.

Prior approval of the Port Operator and the Vessel's Agent must be obtained in each case. If for any reason whatsoever goods for direct delivery are landed to the quay and/or removed to the transit sheds or warehouses or stacked in the open yard, full Port handling charges will be applied.

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232  PORT RECEIVING/RELEASING CHARGE (PRC)

PRC is a service charge for providing Port Facility quays, gates and other facilities along with the management of Port Facility property. This charge will be applied against loaded and empty Containers, general (break-bulk) and bulk Cargo trailers entering or exiting Port Facility property which arrived from or released to other than Port Facilities and also which have stayed outside Port Facility custody for a period of more than 20 days. Exemption will apply to Containers or Cargo received for loading on Vessels via the Port Facility quays. However, no free time shall apply.

Containers arriving from or released from other than the Port Facilities for/from Jebel Ali Freezone shall not be exempted from PRC.

Containers may enter/leave Port Facility property either across the quay or through Port Facility gates.

Port handling will be charged as per Item 401 for General Cargo and Item 501 for Containers

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233  DOCUMENT PROCESSING CHARGE (DPC)

A Document Processing Charge will be applicable to all types of Customs Bills and any other document that is processed by the Port Operator. See Section G, item 705 for rates

233.1  Cargo Gate Pass

Cargo Gate Pass is a document issued for Cargo and Containers to Enter/Exit Port and Freezone Gates.

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234  PASSENGER HANDLING CHARGES (PHC)

Passenger Handling Charges are applicable to all Cruise/Passenger ships, and Ferry services. See Section D, items 401.17 and 401.18 for rates.

PHC is applicable to each passenger joining or leaving the aforementioned ships, including passengers in transit who use Port Facility to go ashore and return.

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235  RFID (Radio Frequency Identification) TAGS FOR CONTAINER TRUCKS ENTERING INTO PORT

Any Truck entering the Port for delivery/receipt of Containers need to have RFID (Radio Frequency Identification) Tag fixed on it. The Tags shall be provided and installed by the Port Operator. See Section G item 704.1 and item 704.2 for rates.

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236  DISCHARGING AND LOADING

This shall include supplying stevedoring gangs, winch-men, signalmen and foremen for the performance of handling Cargo onboard the Vessel as per Item No. 114

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237  ORDERING THE PORT LABOUR

The order shall be placed with General Cargo Office at least 24 hours prior to the Vessel’s arrival. For any order placed at short notice the Port Operator shall allocate gangs as per availability.

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238  DETENTION OF PORT LABOUR

If Stevedoring Gangs are kept waiting after being ordered, awaiting the arrival of the Vessel commencement of work, opening or replacing hatch covers, shifting Cargo, cleaning holds, dunnaging or other reasons attributable to the Vessel; the cost of Labour at the rate of AED 150 per gang hour or part thereof shall be for the account of the Vessel.

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239  PORT LABOUR

If Port Labour is kept waiting after being ordered for quay/yard/warehouse/any other activity, the cost of Labour at a rate of AED 275 per gang hour, plus equipment and drivers etc., shall be on account of the Consignee or Vessel‟s Agent/ Operator.

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240  GANG ALLOTMENT

The Port Operator is responsible for allotting gangs onboard the Vessel at its own discretion. Agent or master is not allowed to switch gangs from one hatch to another unless prior consent from the Port Operator is obtained.

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241  FRESH WATER FOR LABOUR

A supply of Potable water shall be made available by the ship or his agent to the labourers onboard the Vessel free of cost. In summer season the water supplied shall be cold or with ice.

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242  SPECIALIZED CARGO GEAR

The Port Operator will supply the normal Cargo gear needed to effect discharge/loading of Cargo at Tariff rates. However, in the instance of specialized Cargo gear required for discharge or loading of special Cargo or lifts, appropriate Cargo gear will be supplied by the Vessel or its representative. Any such Cargo gear must have up to date certification pertaining to the safety of the Cargo gear being provided.

If no such documentation is available the Port Operator reserves the right to reject such Cargo gear and shall, if possible, supply suitable Cargo gear at Vessel's/agent's cost.

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243  LOADING/DISCHARGING REPORT

The daily loading/discharging report must be provided by the agent to the Port Operator by no later than 08:00 hours each day. The said report should give details of Cargo loaded/discharged per hatch the previous day plus all other details affecting the working of the Vessel.

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244  DELAY REPORT

Any delay factors which shall be recorded by foreman onboard the Vessel shall be certified by Agent and or Master of Vessel. Any dispute shall be resolved at the same time without delay. Refusal to sign does not invalidate the report.

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245  DISCHARGING/LOADING AT ANCHORAGE

In case discharging/loading is required at the anchorage, the safety, transportation of Labourers and cost of their meals shall remain the responsibility of the Agent.

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246  SAFETY PRECAUTIONS
246.1
The Port Operator reserves the right to provide the safety gear and equipment as required. Cost or Hire of such equipment shall be to the Vessel/Agent’s account.
246.2
Discharging Cargo over 2-3 Containers high or over other Cargo, stowed on deck, is dangerous to workforce and can also cause damage to Cargo. Therefore, if such operation is called for, an extra signalman shall be employed to ensure safer working conditions where possible. If extra signalman could do little to improve the situation, alternative arrangements shall be made, either to shift or re-arrange the Cargo to a safer working level. Cost of the signalman and/or cost of the shifting operation shall be raised as appropriate.

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247  IMPORT BOATS HANDLING

Consignees are required to pre-arrange for the delivery of cradles along with boats.

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248  GENERAL CARGO PACKAGES WITH NIL MARK

Any package with NIL or Wrong Marks will not be discharged from the Vessel.

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249  RO-RO VESSELS AT THE CONTAINER TERMINAL
249.1
All Containers will be charged as per the Container Tariff rates.
249.2
All General Cargo will be charged at the General Cargo rates. This is in addition to the stevedoring charges raised to the Vessel.
249.3
Where Port resources are utilized to effect delivery of inbound RO-RO items from point of rest, or receive to point of rest for outbound items, the Port Operator will apply 100% of the General Cargo Port Handling rate.
249.4    Storage of RO-RO trailer and flats
RO-RO Trailers and Flats will be billed at the appropriate Container storage rate as set out in Item 511.

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To view other Tariff sections please click on any of the following links

A Definitions
B Conditions, Rules and Regulations
C Marine Related Tariff
D Operations Related Tariff
E Stevedoring Related Tariff
F Automobiles & Related Tariff
G Miscellaneous Items Tariff
H Third Party Related Tariff

To view full tariff in PDF format, please click here

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