Prices & Regulations of Gävle Containerterminal AB Effective

Transcription

1 Prices & Regulations of Effective Handling Depot handling of container within terminal SEK 260 Handling of container to/from rail wagon SEK 260 Handling of trailer or swop-body to/from rail wagon SEK 360 Extra handling charge flats SEK 165 Surcharge IMO SEK 300 Storage Storage of full container per TEU/day SEK 82,50 (First 7 days free of charge, arrival and departure day calculated) Storage of empty container per TEU/day SEK 8,25 Storage of trailer SEK 155 (First 3 days free of charge, arrival and departure day calculated) Storage of swap-bodies SEK 260 (First 3 days free of charge, arrival and departure day calculated) Cargo Dues Full container less than 40 feet SEK 155 Full container equal to or greater than 40 feet SEK 250 Apply for all loaded containers Labor Labour per hour SEK 360 (Example: Manual twist-lock handling) Waiting time vessel operation Per hour during 07:00 16:00 SEK 2160 Per hour during 16:00 18:00 SEK 3240 Per hour during 18:00 21:30 SEK 4320 (Calculated from ordered start time to actual start time during normal operation hours) (Outside normal operation hours overtime is charged from ordered start time. Saturdays minimum 5 hours, Sundays, public holidays and days before public holidays minimum 6 hours.)

2 Repairs From January 1, 2012 repairs are performed and administrated by Fartygsservice Gävle AB ( Handling of container to and from repair area SEK 320 per container. Reefer Container/Trailer First day Service, plug in/out SEK 360 Monitoring* and electricity, per day SEK 185 Pre-Trip Inspection of empty reefers (PTI-standard) SEK 1030 Pre-Trip Handling charge SEK 320 * Weekdays every 12 hours. Weekends once a day. Other Making trailer or swop body ready for transport (Example: lacing, handling of outrigger etc) SEK 460 per item Inspection & dry sweeping of empty container SEK 145 Handling charge related to inspection SEK 260 Wrong shipping line registered at gate SEK 780 (Includes administration and handling of container inside GCT terminal. Other related costs incurred will also be charged, such as strip/stuff of container and transport costs etc. Charged on trucking company when wrong shipping line is registered at gate-in of empty container) Terms of payment Invoices shall be paid by the due date (30 days) indicated on the invoice of. A penal interest in accordance with the Swedish Interest Act and an administration fee of SEK 50 will be charged for the collection of overdue payments. The dues quoted do not include value-added tax (VAT).

3 (GCT) GENERAL CONDITIONS 2012 These General Conditions are, unless otherwise agreed, applicable for all ship owners, operators, cargo owners, forwarding agents and others making use of the services offered by hereinafter called GCT. 1. Definitions The GCT-terminal is the container terminal operated by GCT in the Gävle harbour area. Port of Gävle is Gävle Hamn AB operating the commercial port in Gävle where the GCT-terminal is situated. The Gävle harbour area is the harbour areas controlled and operated by Port of Gävle. The Services means the following services for container handling etc. provided by GCT and including a) loading, unloading of containers or other units to and from vessels or other vehicles of transportation, other closely related handlings (and other services with respect to vessels); b) storage of or providing space for goods; c) packing, repacking, marking, arranging, weighing, guarding and checking the goods as well as redistribution and transport of the goods within the harbour area. The Customer shall mean anyone making use of the Services provided by GCT as well as anyone on whose behalf Services has been made. Goods taken in charge shall mean containers and other units inclusive of vehicles of transport and other handling equipment which have been discharged by CGT or delivered to GCT for loading. 2. Fairways, docks and quay-berths The Services as defined in 1 above does not include the services provided by Port of Gävle for vessel s use of fairways, docks and quay-berths within the harbour area. The rights, obligations and liabilities in relations between vessel s owners/operators and Port of Gävle are regulated by Port Statutes, Port Regulations and Tariffs and Prescripts for Port of Gävle. If GCT shall debit the Harbour Dues charged by Port of Gävle, GCT act as agent only for Port of Gävle.

4 3. Liability 3.1. Basis of liability - vessels GCT shall be liable for any loss and/or damage caused by the negligence or default of GCT, its servants, agents or subcontractors to vessels berthed at the GCT-terminal including its gear, all other equipment and cargo on board Basis of liability - cargoes GCT shall be liable for damage to or loss of Goods taken in charge, unless it is proved by GCT that reasonable measures have been taken in order to prevent such damage or loss. GCT is not responsible for the quantity and quality of the cargo loaded into containers and delivered for further transportation, provided their seals were not damaged during the period the containers are under GCT s custody. If a cargo unit is not picked up by a receiver within the free time included in the ordinary charge GCT will be liable for any loss of or damage to goods or cargo unit only if the cargo owner can prove that the damage or the loss have been caused by a negligent act or omission on the part of GCT or its employees. If the Customer in its capacity as carrier should be liable for any damage to and/or loss of cargo to the cargo owners or third parties and if such damage is proved to have been caused to the cargo while in the custody of GCT, GCT shall compensate the Customer for such liability insofar as such loss and/or damage was caused by the negligence or default of GCT, its servants, agents or subcontractors. The liability above shall also apply to refrigerated cargo in reefer containers. If the Customer should be legally liable to third persons, including but not limited to the Customer's personnel, for personal injury claims in connection with accidents on the GCT-terminal or on board of the vessel whilst berthed at the GCT-terminal, to people duly admitted to the GCT-terminal and/or to the Containership, and if such accidents are proved to have been caused by fault or negligence of GCT, its servants, agents or subcontractors acting within the scope of GCT's obligations under this contract, GCT shall indemnify the Customer by compensating those amounts compulsorily paid by the Customer in consequence of its liability towards the injured persons or their legal successors Assessment of damage and loss If GCT is liable to pay compensation for damage to or loss of the goods or a cargo unit, the value of the goods shall be calculated according to the market value or the current value of such goods or unit of the same kind and condition at the time when the damage or loss occurred Amount of compensation Compensation for damage to or loss of the goods is limited to 2.35 Euro (EUR) per kilo of the part of the goods lost, or partially lost or damaged. In any event, the liability of GCT is, unless otherwise expressly

5 agreed, limited so that no compensation shall be paid for loss or damage exceeding EUR or, in case of damage to vessels, EUR for each incident. Incident shall mean damage or loss occurring on one and the same occasion. If such damage or loss has been incurred by several Customers and the compensation amounts exceed EUR or EUR respectively, such amount shall be distributed in proportion to the amounts to which each Customer s damage or loss has been assessed according to 3.3 above. No compensation shall be paid for delay, consequential loss or indirect damage. Compensation for recourse claims caused by the Customer s payment of such compensation on account of his liability for delay according to mandatory rules of maritime law shall be payable to the extent that it is proven that GCT has caused such delay Liability of employees and servants In case of claim is made on anyone of the employees or servants of GCT, such employee or servant shall have the right to the same exemptions from or limitation of liability which GCT may invoke according to these conditions. The aggregate amount payable by GCT, its employees or other servants shall not exceed the limits stipulated in these conditions. 4. Notice of claims and time-bar 4.1. Notice of claims Notice of claims against GCT shall be made without unreasonable delay. In case of apparent damage or loss claims shall be notified in writing immediately when the goods are received and, in other cases, within seven days after the receipt of the goods Time-bar Any right of action against GCT shall be lost unless legal proceedings are initiated within one year. The one year period shall in case of partial loss of or damage to the goods run from the day when the goods were delivered. In case of total loss of a consignment or other loss, the time shall run from the time when 30 days have elapsed from the day when GCT took the goods in charge; however the right of action will nevertheless be preserved until 30 days have elapsed from the day when the Customer discovered or ought to have discovered the loss or damage. With respect to recourse actions against GCT on account of damage or loss incurred by the Customer on account of his liability under maritime law, the same extension of the time-bar as applies according to Chapter 19 1 fourth subsection of the Swedish Maritime Code shall apply. 5. Insurance of goods GCT will insure the goods only after agreement in writing between GCT and the Customer to do so.

6 6. The Customer s liability and duty to inform The Customer shall give to GCT all such information which is necessary or relevant to the performance of the Services. The Customer shall see to it that the goods are correctly listed and described and that the stipulations which apply to the handling and carriage for goods, classified or not classified as dangerous goods, and otherwise have been properly complied with. The Customer is liable to hold GCT harmless and indemnified for all costs and expenses which may arise because a) the information concerning the goods is incorrect, unclear or insufficient; b) the goods are inadequately packed, marked, declared etc.; c) the stipulations incumbent upon him with respect to the handling or carriage of the goods have not been complied with; d) the goods have been inadequately loaded or stowed by the Customer, e.g., on road vehicles, railway wagons, flats or other transportation units (containers) or similar equipment or e) the goods have such characteristics, able to cause loss or damage, which GCT could not reasonably foresee. 7. Circumstances preventing the performance of the Services If on account of unforeseen circumstances the Services have to be performed differently from what was originally intended, GCT shall, so far as possible, inform the Customer and ask for instructions. If it is impossible to get such instructions in time, GCT may perform the Services in a suitable manner and at the Customer s risk and expense. If, on account of hindrances as aforesaid, the goods cannot be delivered in time, GCT shall have the right to postpone delivery as long as the hindrance subsists. 8. Particular charges The Customer shall pay to GCT compensation for such expenses which GCT has had for customs duties, taxes and other similar charges, as well as for particular and unforeseen charges and costs relating to the Services which GCT could not with reasonable measure have prevented. If GCT should incur such particular and unforeseen charges, costs or undertakings, the Customer shall pay for these in addition to the amount due according to the tariff in force. 9. General Lien GCT has a general lien in goods under its control for all costs relating to such goods as well as for other claims against the Customer relating to Services performed by GCT for the account of the Customer. If the goods are lost or damaged, GCT has a corresponding general lien in any amounts due to the Customer from insurance companies, carriers or other parties. If claims are not paid when they fall due, GCT may in a satisfactory manner sell as much of the goods that, in addition to the costs incurred by such sale, all amounts due to be paid by the Customer are covered.

7 GCT shall, so far as possible, inform the Customer in advance of any measures intended for such sale of the goods. 10. Governing Law and Arbitration Clause Any dispute, controversy or claim arising out of or in connection handling of Goods under these General Conditions, or the breach, termination or invalidity thereof, shall with the application of Swedish law be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute) The Rules for Expedited Arbitrations of the Arbitration Institute of the SCC Institute shall, notwithstanding sub-section (1) of this clause, apply for disputes where the total amount claimed does not exceed unless the SCC Institute, taking into account the complexity of the case and other circumstances, determines, in its discretion, that the Rules of the SCC Institute shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators These General Conditions are valid in the English language only. In case of inconsistency between the Swedish translation and the English text, the English text shall govern. - o 0 o -