RULE: 34.2 – RULES AND REGULATIONS
EFF: 01DEC2012
ITEM 1 NOTICE TO THE PUBLIC – This tariff, published and filed with the
Federal Maritime Commission (FMC), Washington, D.C. 20573, after thirty (30)
days public notice by the Terminal Operator and made effective is notice to
the public, to shippers, consignees, ad to carriers, or their agents that the
rates, charges, rules and regulations apply to all traffic without specified
notice, quotation to (except as hereinafter specified) or arrangement with
shippers or carriers.
ITEM 2 TARIFF EFFECTIVE – The rates, charges, rules and regulations,
additions, revisions, or supplements named in this tariff, apply to all cargo
received at the port terminal facilities on or after the effective date filed
at the FMC of additions, revisions of supplements thereto.
ITEM 3 APPLICATION OF RATES – Except as otherwise provided in individual
items in this tariff:
a. All rates and charges set forth in this tariff are expressed in U.S.
Dollars.
b. Commodity rates herein are specific and do not apply to analogous
articles.
c. Rates and charges in this tariff shall be on a weight or measurement
basis whichever provides the greater revenue, unless otherwise
specifically provided for in this tariff.
1. When cargo is moving on a weight basis, it shall be on the actual
gross weight, including packing, and shall be rated per ton or 2,000
lbs.
2. When cargo is moving on a measurement basis, it shall include the
three (3) greatest outside dimensions of each package, piece or
other cargo unit as tendered by the shipper and shall be rated on a
basis of 40 cu/ft.
d. Packages containing different articles will be charged at the rate
applicable to the highest rates articles in the package. Articles
which have been combined or attached to each other will be charged at
the rate applicable to the highest rated article of the combinations.
e. Rates names herein are exclusive of Marine Insurance.
f. Each package, bundle or piece of cargo must be plainly marked with the
full name or initials of consignees and destination in full to insure
proper delivery. The marks on packages must be compared with the
shipping order if necessary, corrections made by the shipper or his
representative. Old marks be removed or defaced.
g. All cargo must be properly and sufficiently packed or protected to
withstand damage due to normal handling in transit. If shippers elect
to forward shipments not sufficiently packed or protected to withstand
damage while handling in transit, the Terminal Operator will issue as
cargo delivery receipt with the endorsement “Unprotected or
“Insufficiently Packed or Protected, At Owner’s Risks.”
h. All rates and charges published in this tariff apply only to cargo
while in the custody of the port Terminal Operator and to cargo being
discharged from or loaded onto a vessel by the Terminal Operator.
ITEM 4 APPLICATION OF TARIFF – Use of the port terminal facilities and
services shall be deemed as acceptance or this tariff and the terms and
conditions named herein.
ITEM 5 AMENDMENT OF TARIFF – Amendments or revisions to this tariff shall be
made by the Board of Directors of Tinian Stevedores, Inc. in accordance with
the requirements established by the Federal Maritime Commission.
ITEM 6 INTERPRETATION OF TARIFF – The provisions of this tariff and its
application shall be interpreted and enforced by the General Manager or his
authorized representative.
ITEM 7 ACCEPTANCE OF CARGO – The Terminal Operator may refuse to accept cargo
for storage for which the facilities of the terminal or open storage are
inadequate for proper storage. The Terminal Operator will not accept for
storage frozen or chilled cargo when such storage facilities are no available
or are inadequate. Written instruction from the carrier must be submitted to
the General Manager as to disposition as such cargo before the same is
discharged from the vessel or accepted for loading.
ITEM 8 RIGHT TO WITHHOLD DELIVERY OF CARGO – Right is reserved by the
Terminal Operator to withhold delivery of cargo until all accrued terminal
charges on delivery against such cargo have been paid.
ITEM 9 ADVANCED NOTICE FOR SERVICES TO BE PERFORMED – The General Manager or
his authorized representative must be given twenty-four (24) hours advance
notice, during normal working hours, prior to reporting time for stevedoring
services, either orally or in writing. For services to be performed on
Saturday, Sunday or Monday, notice must be given no later than 12 noon on the
previous Friday.
ITEM 10 CLAIMS AND RESPONSIBILITY FOR LOSS OR DAMAGE – (Subject to Sub rule
34:2, Item 14 herein) claims to the Terminal Operator for loss or damage to
freight or merchandise occurring while in the custody of the Terminal
Operator, on its terminal property, must be filed in writing within three (3)
months following the final delivery of such freight or merchandise from its
terminal or property. The Terminal Operator will not be responsible for loss
or damage caused by: fire, heating, leakage, evaporation, natural shrinkage,
wastage nor decay, animals, rodents, moths, weevils or other insects; leakage
or discharge from its fire protection system; breakdown of plant machinery or
equipment dampness; floats, logs or piling required for breasting vessels
away from wharves or piers; strikes or any persons in its employ or in the
employ of others or from any consequences arising there from; insurrection;
war or shortage of labor; insufficient notification; the elements or any
cause unavoidable or beyond the Terminal Operator’s control; concealed
damage; spoilage of dry or refrigerated cargo; and in particular (but without
limitation) the Terminal Operator will not be responsible for damage by the
elements to goods or property stored in open or unsheded areas.
Claim for recovery of overcharges must be filed in writing with the Terminal
Operator within three (3) months following the date of billing or payment
date against which overcharge is claimed.
ITEM 11. RECEIPT OF NON-CONTAINERIZED OUTBOUND CARGO – Outbound cargo will
be received by the Terminal Operator when such cargo is firmly booked with
the carrier or its agent, properly marked as to cube, weight and consignee,
no less than twelve (12) hours in advance of the scheduled arrival of the
vessel on week days. Cargo booked for vessels departing during weekend will
be received no later than five (5) hours before vessel departs and charges
will be computed on Special Services basis for the account of the customer
being serviced. Special Service request must be acknowledged and approved by
the General Manager or Terminal Operator or its authorized representative.
ITEM 12. AVAILABILITY OF STEVEDORING AND HANDLING PERSONNEL – Stevedoring
and Handling service will be provided by the Terminal Operator subject to
availability of Longshoremen, Checkers and Equipment on first come first
service basis.
ITEM 13. MISCELLANEOUS
1. No cargo will be received or issued without proper documentation and
clearance from the carrier or its agents, customs and quarantine. No
cargo will be received or issued until it is properly rechecked and
accounted for in accordance with the procedures of accountability of the
Terminal Operator.
2. Partial clearance of bills of lading will not be allowed.
3. The Terminal Operator’s General Manager may demand cash in advance before
any service can be rendered to or for any person, firm, or corporation
who has a past due account with the Terminal Operator.
4. The Terminal Operator’s pallets, tarpaulins and working gears are not to
leave the Port area at any time without authorization of the General
Manager or his authorized representatives.
5. Import cargo will be given free storage for a period of two hundred forty
(240) hours or ten (10) days after the ship had departed, from Monday
thru Friday including Saturdays, Sundays and Holidays.
6. Export cargo will be given seven (7) days after notice of firm booking
and delivery including Saturdays, Sundays and Holidays. In the event
that the vessel arrival is delayed after a specified ETA, demurrage
charges will be assessed for the account of the carrier.
7. Explosive, guns and ammunitions, inflammables and hazardous cargo shall
be allowed no free time at all and shall be subject to immediate removal
from the wharf premises.
8. Livestock shall be allowed no free time and are only permitted to pass
over the wharf subject to immediate loading or removal.
9. The refrigerated cargo shall be allowed no free time. Cargo by its
inherent nature requires a presumption of immediate delivery upon
discharge.
10. Salvage or offensive freight; salvaged freight in damaged or offensive
condition of offensive freight of any nature may, at the option of the
Terminal Operator be refused any free time on the wharf and shall be
subject to immediate removal.
11. Provided Terminal Operator consents, delivery of cargo maybe made by
the carrier from the end of the vessel’s tackle directly to vehicle or
other conveyance owned by or under the control of the consignee or his
agent. Special arrangements must be made between the Terminal Operator
and the Consignee before under the hook delivery will be made.
12. All operations required to complete stevedoring work in hatches on
vessels shall be standard operation of the Terminal Operator and that all
supervision will be accomplished by its personnel without interference by
the carrier. The carrier may be present during operations and may
recommend necessary changes to the Operations Supervisor.
ITEM 14. LIMITS OF LIABILITY – No provision contained in this tariff shall
limit or relieve the Tinian Marine Stevedores, Inc. from liability for its
own negligence nor require any person, vessel, or lessee to indemnify or hold
harmless the Tinian Marine Stevedores, Inc. from liability for its own
negligence.
RULE 34.3 – RATES (I)
EFFECTIVE: 01DEC2011
STEVEDORING SERVICES
The Terminal Operator will provide stevedoring service to vessels without or
with self-contained cargo handling gears loading and/or discharging at the
terminal warehouse pier limited to the availability of stevedores; the
following rates will be assessed on inbound and outbound cargo; and except as
otherwise provided, rates apply per ton of 2,000 lbs (W) or of 40 cubic feet
(M), whichever produces the greater revenue.