JSC Poti Sea Port Corporation Poti Sea Port Tariffs

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Classification: Public

JSC "Poti Sea Port Corporation"

"Poti Sea Port Tariffs" -

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TARIFFS GUIDANCE

Page

General Terms and Conditions 3

1. General 3

2. Port Dues and Charges 8

3. Cargo Handling rates 9

4. Miscellaneous Tariffs 10

5. Equipment Hire Tariffs 10

6. Floating Dock Service Tariffs 11

7. Other General Provisions 12

ANNEX_1 Port Dues and Charges 15

ANNEX_2 Cargo Handling Tariffs 15

ANNEX_3 Equipment Hire Tariffs 19

ANNEX_4 Floating Docks Service Tariffs 20

ANNEX_5 Poti Sea Port Water Area 20

ANNEX_6 UK standard conditions for towage and other services 23

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GENERAL TERMS AND CONDITIONS

FOR PORT DUES AND CHARGES, CARGO HANDLING RATES, EQUIPMENT HIRE TARIFFS, FLOATING DOCKS

SERVICE TARIFFS AND OTHER CONTRACTUAL TERMS AND CONDITIONS.

1. GENERAL PART

1.1. DEFINITIONS OF TERMS

2. The terms used in this document are defined as follows:

3.

1.1.1 JSC Poti Sea port Corporation (APM Terminals Poti) (hereinafter referred to as "Port" or "APM

Terminals Poti") - a joint stock company registered and existing in accordance with the legislation

of Georgia, with identification code: 215080999, legal address: Georgia, st. Poti, Davit

Aghmashenebeli str. №38, which operates in accordance with the legislation of Georgia, the "Port

Rules" approved by the order of the Director of the LEPL Maritime Transport Agency of the

Ministry of Economy and Sustainable Development of Georgia, relevant international acts /

principles and internal regulations / procedures / policies in force in the company;

1.1.2 "Port Rules" - the rules approved by the order of the Director of the LEPL Maritime Transport

Agency of the Ministry of Economy and Sustainable Development of Georgia (On the day of entry

into force of this document, the "Port Rules" are in force, approved by the №019 order of the

Director of the LEPL Maritime Transport Agency of August 31, 2012);

1.1.3 "Poti Sea port" and "Poti Sea port Water area" - are defined as given in the "Port Rules";

1.1.4 Unfavourable weather conditions - the relevant weather conditions specified in the "Port Rules",

during which the port is obliged to suspend individual or all port operations or to close; “

1.1.5 Ship Agent - a party (Agency Company) that acts in the name of a shipowner or freighter and

according to their assignment and pays for all performed services;

1.1.6 Berth, Wharf - Structure built alongside the water or perpendicular to the shore, a specially arranged

parking lot, where vessels berth for loading or discharging of Cargo and other purposes;

1.1.7 Berth Dues - Charges for the use of a berth;

1.1.8 Big Bag – Bag with Capacity more than 900 kg;

1.1.9 Bilge Water - a mixture of liquids that are collected in the bilge of a vessel. It could be a mixture of

fresh water, sea water, oil, chemicals and various other fluids that drain into the Bilge;

1.1.10 Breakbulk - Packaged but non-containerized cargo. Whereas cargo shipped as a unit (bags, bales,

barrels, boxes, cartons, drums, pallets, sacks, vehicles, etc.);

1.1.11 Bulk Vessel - All vessels designed to carry bulk cargo such as grain, fertilizers, ore, etc.;

1.1.12 Captain – A person having the ultimate command over the vessel, who in his/her official capacity shall

be considered to be a representative of the shipowner and of the Cargo Owner in all transactions

relating to the vessel, cargo or navigation, and in matters relating to the resolution of disputes over

the property entrusted to him/her;

1.1.13 Car Carrier Vessel (RoRo Ferry) - A vessel intended and used for transport of cars, vans and/or trucks;

1.1.14 Cargo - all merchandise and packaging materials, containers, trailers and self-buoyant cargo bins,

loaded and discharged, towed or pushed by a vessel, expressed in Tons, with the exception of restow

and hand baggage of passengers, insofar as transported with the passengers on the same vessel, as

well as ballast, fuel, provisions and other necessities intended for use on the vessel;

1.1.15 Cargo Owner – natural or legal person having the ownership rights over the Cargo;

1.1.16 Cargo Ship - A vessel primarily intended or used for the transportation of goods;

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1.1.17 Client - the natural person or legal entity making use of the Port with a vessel or purchasing other

services from APM Terminals Poti including but not limited to; the Captain, the Forwarder, the

shipowner, the Party using the vessel, the Agent, the Cargo Owner and any party who as a

representative of the aforementioned persons has performed activities in respect of APM Terminals

Poti for use or purchase of services or other responsible parties;

1.1.18 Container Vessel - A vessel intended and used exclusively for container transport by virtue of its

construction and equipment;

1.1.19 Container Stripping: Removal of goods or cargo from container;

1.1.20 Container Stuffing: Placements of goods or cargo into a container;

1.1.21 Day – Calendar day;

1.1.22 Draft - Vertical distance between a vessel 's waterline and the lowest point of its keel;

1.1.23 Dredging - Removal of sediment to deepen access channels, provide turning basins for vessel, and

maintain adequate water depth along waterside facilities;

1.1.24 Empty - Empty Container;

1.1.25 Full - Full Container Load;

1.1.26 Force Majeure has the meaning given in clause 7.1;

1.1.27 Forwarder - natural or legal person which performs actions necessary for the transportation of Cargo

by its/his/her name, at the request of a Client (Cargo Owner or its representative);

1.1.28 Good Operating Practices - the practices, methods and acts exercised in that degree of diligence,

prudence and foresight reasonably and ordinarily exercised by skilled and experienced operators

engaged in the same type of undertaking under the same or similar circumstances and conditions;

1.1.29 GT – Gross Tonnage means the measure of the overall size of a vessel determined in accordance with

the provisions of the International Convention on Tonnage Measurement of Ships, 1969, with

subsequent amendments and additions;

1.1.30 The reduced gross tonnage - a gross tonnage figure reduced for segregated water ballast and entered

under «Remarks» in the International Tonnage Certificate (1969);

1.1.31 Day Off - day off defined in accordance with the legislation of Georgia;

1.1.32 IMDG - International Maritime Dangerous Goods;

1.1.33 Liner Service - a vessel is sailing in Liner Service when all of the following conditions are met:

1) The vessel sails in accordance with the timetable submitted by the Client to Poti Port. This

timetable must be announced 28 days before arrival, and the vessel must call in at least one

port abroad in addition to APM Terminals Poti. The timetable will show the last port called at

and the next port to be called at after calling at the Port Area.

2) The vessel loads and/or discharges the Cargo.

1.1.34 LOA - The overall length from the fore side of the foremost part of the hull to the aft side of the

aftermost part of the hull;

1.1.35 Design Draft - the greatest depth of the keel, including projections, that a vessel is designed to operate

when fully laden;

1.1.36 Military Cargo - Military Cargo includes all land/sea/air combat, transportation, passenger, or support

vehicles which are designed for, or are used by military forces. A military vehicle has a military look,

colour or specially mounted equipment. The definition applies regardless of weapons presence or

offensive nature;

1.1.37 Mobile Crane - General purpose crane capable of moving on its own wheels from one part of a port to

another;

1.1.38 Mobile Harbour Crane – A mobile crane generally situated at the waterfront used for lifting cargo

from a vessel to a point of rest on land or vice versa;

1.1.39 Moor - To attach a vessel to the shore by ropes;

1.1.40 MT - Metric Ton (a mass of 1,000 kg);

1.1.41 Naval Ship - a military ship used by a navy;

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1.1.42 Out Of Gauge (O.O.G.) cargo - cargo exceeding the internal dimensions of a container by length, width

or height;

1.1.43 Overtime - weekdays from 6 p.m. till 9 a.m., on Friday 6 p.m. till Monday 9 a.m. and Day Off;

1.1.44 Pallet - A flat tray, generally made of wood, but occasionally steel or other materials, on which goods

or cargo can be stacked;

1.1.45 Port Charge - Charges levied upon vessels calling Port based on services rendered by APM Terminals

Poti;

1.1.46 Port Dues - A charge levied by the port to vessels entering the port till the time it leaves the port;

1.1.47 Port of Registry - Place where a vessel is registered with the authorities, thereby establishing its

nationality;

1.1.48 Ro/Ro - A shortening of the term “roll-on roll-off.” Ro/Ro is a cargo handling method whereby vessels

are loaded via one or more ramps that are lowered on the quay;

1.1.49 Second Call - A vessel returns to a berth after unmooring from the berth, without having left The

Limits of the Poti Port;

1.1.50 Shifting - the movement of a vessel from one berth to another;

1.1.51 Spreader - A piece of equipment designed to lift containers by their corner castings;

1.1.52 Stevedore - natural or legal person that employs longshoremen (or dockers, dock workers, or port

workers) to load and unload vessels;

1.1.53 Sewage - Drainage and other wastes from any form of toilets and urinals;

1.1.54 TEU - Twenty-foot equivalent unit. Container size standard of twenty feet;

1.1.55 Ton - a unit of weight equal to 1,000 kg. (see MT);

1.1.56 Towage - Charges for the services of tugs assisting vessels manoeuvre in ports;

1.1.57 Tug – A vessel primarily intended or used for towing or pushing other Vessels;

1.1.58 VAT - Value Added Tax;

1.1.59 Vessel Types - classification of vessels in the following categories: Tanker, Bulk Vessel, General Cargo

Ship, Container Vessel, Rail Ferry, RoRo Ferry and Other;

1.1.60 Unmoor - to remove the ropes that attach a vessel to the shore.

1.2 APPLICABILITY

1.2.1 Unless otherwise agreed by the parties in writing, these General Terms and Conditions apply to

the use of the facilities and services of APM Terminals Poti by the Client and to all agreements

under which APM Terminals Poti renders services to the Client as well as to all offers and

quotations of APM Terminals Poti.

1.2.2 Insofar as not agreed otherwise explicitly and in writing, the Client waives the applicability of

any of its own general terms and conditions, and APM Terminals Poti explicitly rejects the

applicability of the Client’s general terms and conditions.

1.2.3 Amendments to and/or deviations from the provisions of these General Terms and Conditions

will only be binding on APM Terminals Poti insofar as explicitly accepted by APM Terminals Poti

in writing.

1.3 CONCLUSION OF AGREEMENT; JOINT AND SEVERAL LIABILITIES

1.3.1 This General Terms and Conditions becomes legally binding agreement between APM Terminals

Poti and the Client when: (i) the Client confirms in writing its acceptance of this General Terms

and Conditions and/or; (ii) APM Terminals Poti has expressly accepted an order or an assignment

from the Client in writing and/or (iii) the Client provides a statement of information in

accordance with Article 2.3.1 of this General Terms and Conditions and/or (iv) as from the

moment that the Client is actually utilizing the services provided by APM Terminals Poti and/or

(v) as from the moment the Client is actually using the berthing facilities or other facilities in the

Port Area with a vessel.

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1.3.2 The various persons designated as the Client in Article 1.1.17 are considered to be joint and

several debtors in respect of the fulfilment of all the Client’s obligations towards APM Terminals

Poti.

1.3.3 Handling of Cargo and providing of services not mentioned in these General Terms and

Conditions are subject to further agreement between the Parties.

1.4 PERFORMANCE OF THE SERVICES

Rights and Obligations of APM Terminals Poti

1.4.1 APM Terminals Poti is entitled to perform the services specified in this General Terms and

Conditions as it sees fit.

1.4.2 APM Terminals Poti will not accept, nor allow within the port premises, any commercial

transactions or activities that fall under current UN / EU / IMO or Georgia National Sanctions.

1.4.3 APM Terminals Poti will endeavour to perform the services with Good Operating Practices.

1.4.4 If, in the opinion of APM Terminals Poti, circumstances so require, then in the performance of

services APM Terminals Poti is entitled to make use of items other than those agreed or engage

third parties, provided that this does not compromise the quality of the performance as a whole.

1.4.5 The Client hereby accepts that circumstances as specified in Article 1.4.4 as well as unforeseen

circumstances (including, but not limited to, a shortage of berths) may affect the agreed or

expected time at which the services will be completed.

Rights and obligations of the Client

1.4.6 The Client shall at all times provide APM Terminals Poti with all information necessary for the

proper performance and billing of the services in a timely manner, and will grant all cooperation

thereto, including but not limited to:

1.4.6.1 submit in a written form to the relevant authorized service of APM Terminals Poti the

names, surnames, contract phones and other identification information of people who are

responsible for 24-hour contact and ensure uninterrupted connection with the APM

Terminals Poti during the working process;

1.4.6.2 Ensure compliance with the requirements set by the Port Rules, other relevant regulations

and / or by APM Terminals Poti in order to avoid pollution of the port water area and

territory;

1.4.6.3 instruct all employees / representatives regarding necessary safety requirements, ensure

their compliance with work safety requirements and rules applicable to the protected

(regime) area of the Port; be responsible for safety of his/her employees / representatives

when they are in the Port Area;

1.4.6.4 ensure that Client’s representatives comply with safety and procedural rules of APM

Terminals Poti, and in case of their violation, fully comply with the requirements presented

by the Port, without any further challenges;

1.4.6.5 in case of transportation of oversize and overweight Cargo in order to determine the

necessary equipment and methods of the cargo handling, additionally to inform APM

Terminals Poti regarding technological steps during cargo loading/unloading (if such

requirements exist), general view of the cargo, mass and size characteristics,

transportation drawings, showing the centre of gravity and hooking points. If the cargo

protection and safe handling requires use of specific frames, crossbeams, slings, cordage

hooks, specific stations and keel-blocks and other means, and if the APM Terminals Poti

does not have the necessary equipment, the Client shall ensure supply of such equipment.

The supplied equipment shall conform with the safety requirements.

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1.4.6.6 Bring dangerous goods to the Port Area only after the written application to the General

Director and the respective authorization of the APM Terminals Poti.

1.4.6.7 Bring loaded containers to the Port for the subsequent handling only with the high security

seals.

1.4.6.8 If the Customs Department of Revenue Service of Georgia or other state authority fines

the APM Terminals Poti or imposes any other sanction in the following circumstances:

i. during unloading and placing cargo at a customs warehouse, a container does not

have the high security seal, and the high security seal cannot be attached on the

site, or

ii. in case of discovering missing or damaged seals on the container during their

transportation to the Container Terminal after the container leaves the Port Area,

then the Client be obliged fully to compensate the damage to the APM Terminals

Poti.

1.4.6.9 If the Client is a Forwarder, the Client shall also:

1.4.6.9.1 inform relevant authorized service of APM Terminals Poti on a monthly basis, at

least one week before the beginning of a month, regarding type and quantity of the

expected cargo;

1.4.6.9.2 agree in advance with the respective authorized service regarding intended

transportation and maintenance of oversize, overweight, and dangerous cargo;

1.4.6.9.3 provide the APM Terminals Poti with the list of employees (their names, surnames

and telephone numbers) having certificates for transportation of dangerous cargo

and provide confirming documents;

1.4.6.9.4 be responsible for violation of rules at APM Terminals Poti by the representatives

of Forwarder;

1.4.6.9.5 at least 12 hours in advance before the entry of the vessel provide APM Terminals

Poti the schedule of the handling works, the whole package of the cargo

accompanying documents, and other necessary cargo documents;

1.4.6.9.6 timely and fully supply APM Terminals Poti with the transportation means

necessary for the cargo indicated in an application;

1.4.6.9.7 if the radiation or any emission of the cargo exceeds the acceptable standard,

Forwarder is obliged immediately after the request of the APM Terminals Poti to

withdraw a transport mean loaded with such dangerous cargo from the Port Area;

1.4.6.9.8 ensure nomination of a vessel corresponding to the type of the cargo;

1.4.6.9.9 ensure uninterrupted processing of all cargo and transport documentation;

1.4.6.9.10 supply proper means of cargo transportation timely and in good order;

1.4.6.9.11 in case of handling of Rail and RoRo Ferries, according to their nature, Forwarder is

obliged to ensure timely completion of customs procedures for unloaded goods

and means of transportation. The time up to 24 hours spent for these procedures

will not be considered as use of a warehouse;

1.4.6.9.12 during handling of cargo, timely remove from the territory of the Port damaged

cargo, remainder of the cargo, packaging of the cargo, etc.;

1.4.7 The Client shall comply with all applicable international, national and local (of APM Terminals

Poti) laws, rules and regulations.

1.4.8 The Client is obliged to ensure compliance with all international, national and local (of APM

Terminals Poti) laws, rules and regulations (including, but not limited to, health, safety and

environmental protection) by its employees / agents / representatives;

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1.4.9 The Client agrees to comply fully with all applicable anti-corruption laws and regulations,

including (but not limited to) those in the jurisdiction in which the Client is incorporated or

resident, the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act.

1.4.10 In any case, if the Client violates the requirements of sub-paragraphs 1.4.6, 1.4.7, 1.4.8 or 1.4.9 or

fails to fulfil its obligations under this document in a timely and proper manner, or has an

overdue debt to APM Terminals Poti, APM Terminals Poti reserves the right to terminate or

suspend the delivery of the Service until the Client fulfils its obligations and / or in the presence

of appropriate terms and conditions, do not consent to the Client taking the goods out of APM

Terminals Poti territory until the Client has fulfilled its obligation / repaid the debt in full.

1.5 CURRENCY OF TARIFF

1.5.1 Tariffs for APM Terminals Poti’s services, using its facilities and/or Port Area are quoted in US

Dollars and excluding VAT unless explicitly stated otherwise. VAT will be charged in addition, in

accordance with the current legislation on Value Added Tax.

2 PORT DUES AND CHARGES

2.1 PAYMENT OF PORT DUES AND CHARGES

2.1.1 If the Client with a vessel uses APM Terminals Poti’s services, its facilities and/or Port Area the

Client will incur Port Dues and Charges, to be paid to APM Terminals Poti.

2.2 RATES OF PORT DUES AND CHARGES

2.2.1 The Port Dues and Charges incurred by the Client are calculated in accordance with the Tariffs

set out in ANNEX 1 to these General Terms and Conditions.

2.3 STATEMENT OF DATA AND PARTICULARS

2.3.1 After inward clearance, the Client must provide to APM Terminals Poti all vessel’s documents

containing all the information relevant for the determination of the Port Dues and Charges.

2.4 INVOICING AND PAYMENT

2.4.1 APM Terminals Poti shall submit Invoice for Port Dues and Charges to the Client on the date of

inward clearance.

2.4.2 The Client must pay the Port Dues and Charges to APM Terminals Poti after receiving the invoice

and prior vessel departure from the port if NOT agreed otherwise in WRITING by transferring the

charged amount to the bank account of APM Terminals Poti indicated in the invoice.

2.4.3 Disputes between APM Terminals Poti and the Client do not entitle the Client to suspend

payment.

2.5 CALCULATION OF THE PORT DUES

2.5.1 All Port Dues and Charges will be based on vessels’ conditional GT (Gross Tonnage)

2.5.2 The Gross Tonnage of the towing barge systems, convoys of vessels and other combined objects

will be measured as the aggregate GT of all the components.

2.5.3 Tonnage dues, Channel Dues, Sanitary and Watchman charges to be paid once per vessel call by

inbound voyage Agent.

2.5.4 In case of shifting vessel from one Berth to another, charges will be raised as per sub-clauses

1.1.10 (shifting) and 1.1.5 (mooring/unmooring) of Annex 1 of this document.

2.5.5 In case of vessel being moved to anchorage and back, charges will be raised as per sub-clauses

1.1.7 (Berth Dues) and 1.1.5 (mooring/unmooring) of Annex 1 of this document.

2.6 SANITARY CHARGES

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2.6.1 Waste received on account of Sanitary Charge includes any kind of ship-generated waste, other

than cargo residues, including: Bilge water, Garbage, Sewage;

2.6.2 The Master or Agent of a vessel should forward the vessel’s waste notification report to the Port

at least 24 hours in advance of arrival or upon departure of the previous port if the voyage is

less than 24 hours.

2.7 BERTH DUES

2.7.1 In the event that Adverse Weather Conditions force a Container vessel to cease cargo operations,

the period attributable to the Adverse Weather Conditions shall not incur Berth Dues;

2.7.2 After the days of Adverse Weather Conditions vessels have free time for Occupying Berth as

follows:

2.7.2.1 For first outbound vessel – 3.5 hrs. free from time of giving permission for Port operation

by Harbour Master;

2.7.2.2 For each other vessels – 2 hrs. free from time of completion of Clearance of previous

vessels outwards.

2.7.3 Berth Dues are calculated after Pilot boarding on the Vessel.

2.8 TOWAGE

2.8.1 All Towing services operations shall be governed by the U.K. Standard Conditions for Towage

and Other Services (revised 1986) (see Annex 6).

2.9 PORT SERVICE COMPLEX (ALL IN) TARIFF

2.9.1 Fishing and Fish Carrier vessels calling the Port are charged by Port Service Complex (all in)

Tariff;

2.9.2 Payment Period to be defined as period between dates of the vessel Port entry and departure

registration;

2.9.3 Port Service Complex Tariff includes the Port Dues, Sanitary and Watchman Charges.

2.10 EXEMPTIONS

2.10.1 Port Dues are not charged for use of the Port by:

2.10.1.1 Vessels calling Port due to Adverse Weather Condition;

2.10.1.2 Vessels detained by Coast Guard of Georgia at New Port;

2.10.2 Channel Dues are not charged for use of the Port Channel by vessels with Design Draft less than

1.90m.

2.11 DISCOUNTS

2.11.1 The following Discounts are granted to

2.11.1.1 Vessels lying alongside other vessels already moored to a wharf:

Berth Dues – 50%;

2.12 SURCHARGES

2.12.1 Vessel Mooring/Unmooring and Tugboats Charges are subject to a 50% surcharge for services

rendered to the vessel on Day Off.

3 CARGO HANDLING RATES

3.1 PAYMENT OF CARGO HANDLING RATES

3.1.1 If a Client uses the Port Area or procures other services in relation thereto from APM Terminals

Poti, the Client owes CARGO HANDLING RATES to APM Terminals Poti.

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3.2 CARGO HANDLING RATES

3.2.1 The CARGO HANDLING RATES incurred by the Client are calculated in accordance with the Rates

set out in annex 2 attached to these General Terms and Conditions.

3.3 STATEMENT OF DATA AND PARTICULARS

3.3.1 The Client must provide to APM Terminals Poti all Cargo documents containing all the

information relevant for the determination of the Cargo Handling Charges.

3.4 INVOICING AND PAYMENT

3.4.1 The Client is required to pay the Cargo Handling Charges to APM Terminals Poti in advance

before commencement Cargo operation if NOT agreed otherwise in WRITING based on

Preliminary Quotation submitted to Client by APM Terminals Poti.

3.4.2 After completion of services the Client shall make payment of the final invoices, as provided by

APM Terminals Poti, prior to cargo departing APM Terminals Poti controlled area if NOT agreed

otherwise in WRITING.


payment.

3.5 SURCHARGES

3.5.1 The Following Surcharges are in place for

3.5.1.1 cargo operations during Day Off (except on a Container/RoRo/Rail ferry vessel) - 25 %;

3.5.1.2 non-direct lift (Except: sub-clauses 2.1.3 and 2.1.4 of Annex 2 and Containers) - 50%;

3.5.1.3 handling Cargo specified in sub-clause 2.1.3 of Annex 2 by port means - 50%;

3.5.1.4 performing cargo operations by twin cranes (Except: cargoes 50 m3 and more, ships

crane operation) -100%;

3.5.1.5 any discharge or loading or storage of military related Cargo - 100%;

3.5.1.6 container handling with non-standard spreader - 50%;

3.5.1.7 For any other Cargo types or handling operations not outlined in this tariff document,

surcharges can be levied at the Port’s discretion.

3.5.1.8 Any container handled with standard spreader, in or out of non-cellular bays or

vessels, shall be charged double the applicable rate under sub-clause 2.1.7 of Annex 2 of

this document.

3.6 EXEMPTIONS

3.6.1 Full Container Loaded with Cars are free of Storage Charge in CY up until the moment of

stripping unless there is a specific request not to strip by a Client who has an association with

either container or contents; The Client who makes such a request shall be invoiced for storage.

3.6.2 It is not allowed to remove the car from the CY area on the day of stripping (unless otherwise

agreed).

4 MISCELLANEOUS TARIFFS

4.1 Car Pass

4.1.1 The total number of car pass days within a month should not exceed 24 calendar days.

5 EQUIPMENT HIRE TARIFFS

5.1 General

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5.1.1 The EQUIPMENT HIRE TARIFFS incurred by the Client are calculated in accordance with the Rates

set out in annex 3 to these General Terms and Conditions.

5.1.2 Port equipment Hire Tariffs includes port driver/operator;

5.1.3 Port equipment is only for use inside the Port Area unless otherwise agreed;

5.2 Time Calculation Rule

5.2.1 Calculation method considered as period between from parking location to parking location,

meaning including movement to area of operations.

5.3 Statement of Facts

5.3.1 The Statement of Facts made by APM Terminals Poti responsible person signed by Client should

be provided to APM Terminals Poti Customer Service for further invoicing;

5.4 Surcharges

5.4.1 Surcharge of 25% to be applied to the tariff in case of usage Mechanization Equipment during

overtime;

5.5 Invoicing and Payment

5.5.1 The Client is required to pay the Equipment Hire Charges to APM Terminals Poti in advance

before commencement of service based on Preliminary Quotation submitted to Client by APM

Terminals Poti if NOT agreed otherwise in WRITING;

5.5.2 After completion of Services the Client shall make payment of the final invoices, as provided by

APM Terminals Poti, if NOT agreed otherwise in WRITING;


payment.

6 FLOATING DOCKS SERVICE TARIFFS

6.1 General

6.1.1 The FLOATING DOCKS SERVICE TARIFFS incurred by the Client are calculated in accordance with

the Rates set out in annex 4 attached to these General Terms and Conditions,

Charges for Additional services should be agreed with Commercial Department:

[email protected]

6.2 Docking Duration

6.2.1 Docking Duration commences upon completion of keel block construction until departure of

vessel, including docking and undocking days (unless otherwise agreed);

6.3 Condition of Payment

6.3.1 Client is required to make prepayment according to the preliminary quotation provided by APM

Terminals Poti before commencement of docking operation (unless otherwise agreed);

6.3.2 Client is required to make final payment as per statement of works prior the vessel departure

from the Port if NOT agreed otherwise in WRITING (unless otherwise agreed);


payment.

6.4 Supervision of Work

mailto:[email protected]

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6.4.1 APM Terminals Poti is obliged to perform supervision of any kind of works carrying out on a

Floating dock.

6.4.2 All work at the Dry Dock shall be undertaken in accordance with APM Terminals Poti Health and

Safety regulations, and APM Terminals Poti reserves the right to suspend operations at any time

in the event of any breach of these regulations.

6.5 Acceptance

6.5.1 On completion of works and before commencement of undocking APM Terminals Poti and

Client's representative shall draw up the Delivery Protocol.

6.6 Surcharges

6.6.1 The Following Surcharges are in place for overtime:

6.6.1.1 Keel block arrangement – 100%

6.6.1.2 Craneage – 100%

6.6.1.3 Usage of APM Terminals Poti labourer for Cutting/welding works – 100%

7 OTHER GENERAL PROVISIONS

7.1 FORCE MAJEURE

7.1.1 If APM Terminals Poti fails in the fulfilment of any obligation towards the Client, this failure

cannot be imputed to APM Terminals Poti, and consequently APM Terminals Poti is not in

default, if APM Terminals Poti’s fulfilment of that obligation is impeded or rendered impossible

by foreseeable or unforeseeable circumstances beyond the control of APM Terminals Poti. Such

circumstances include but are not limited to: war, terrorism, occupation, governmental

measures of any nature, natural disasters, fire, explosion, Adverse Weather Conditions,

blockades, strikes, shortage of berthing facilities and any other circumstances not reasonably

foreseeable by APM Terminals Poti and / or beyond the control of APM Terminals Poti.

7.1.2 In the event of Force Majeure, APM Terminals Poti is entitled to suspend fulfilment of its

obligations until such time that the situation of force majeure no longer impedes fulfilment. In

the event that the situation of Force Majeure lasts longer than one month, then APM Terminals

Poti and the Client are each entitled to fully or partially dissolve the agreement without being

obliged to pay any damages.

7.2 INDEMNIFICATION

7.2.1 The Client indemnifies APM Terminals Poti against claims on any basis whatsoever brought by

third parties alleging to have suffered damages through the use of the Port Area or through the

services provided by APM Terminals Poti to the Client.

7.3 SUSPENSION AND DISSOLUTION

7.3.1 If the Client remains in default of any obligation towards APM Terminals Poti, as well as in the

event of bankruptcy, insolvency or cessation of the Client’s business activities / Liquidation, APM

Terminals Poti is entitled to, without judicial intervention and / or without incurring any

compensation to be paid to the Client, either suspend the services, in whole or in part, for a

temporary period or permanently and / or terminate the Agreement due to non-fulfilment of

current obligations, at APM Terminals Poti’s discretion, on the basis of its written notice. The

foregoing is without prejudice to the other rights accruing to APM Terminals Poti.

7.3.2 In the event of termination of the agreement on the grounds stated in sub-clause 7.3.1, all claims

held by APM Terminals Poti become immediately eligible in full.

Page 13 of 27


7.4 REMOVAL OF VESSEL

7.4.1 If the Client fails to fulfil its obligations or fails to fulfil them on time, APM Terminals Poti has

the right to remove the vessel, or to have the vessel(s) removed, at the expense and risk of the

Client.

7.5 APPLICABLE LAW AND DISPUTES

7.5.1 The legal relationship between APM Terminals Poti and the Client is governed by the current

legislation of Georgia. In addition, in case of failure to reach an agreement, the dispute shall be

considered by the courts of Georgia in accordance with the rules established by the current

legislation of Georgia, to the exclusion of all other jurisdictions.

Page 14 of 27


7.6 NULLITY OF ONE OR MORE PROVISIONS

7.6.1 The nullity of any provision set forth in the agreement or in these General Terms and Conditions

has no effect on the other provisions of the agreement and these General Terms and Conditions.

7.6.2 If and insofar as any provision set forth in the agreement or in these General Terms and

Conditions is deemed to be unreasonably onerous, unacceptable or invalid under the given

circumstances, then that provision shall be replaced by a provision applicable between the

parties that, taking all circumstances into account, will be acceptable and approach the scope

of the provision deemed non-applicable under the circumstances.

7.7 CHANGING TERMS AND RATES

7.7.1 APM Terminals Poti may unilaterally amend these General Terms and Conditions, including the

rates specified therein, at any time and at least 30 (thirty) days in advance provide to the Client

the detailed written information regarding the changes.

These General Terms and Conditions with attached tariffs apply as from 01.04.2021.

All enquiries to:

Commercial Department

APM Terminals Poti

38, D. Aghmashenebeli str., Poti, Georgia

Tel: +995 493 277777

E-mail: [email protected]

Website: http://www.apmterminalspoti.com/


http://www.apmterminalspoti.com/

Page 15 of 27


ANNEX 1 – PORT DUES AND CHARGES

1.1. Port Dues and Charges

Port Dues and Charges Container Vessel Tanker Rail Ferry RoRo Ferry Other

Gross Tonnage (GT) <

9500

9500-

13000

13000-

15000

>

15000 < 8000 > 8000

USD Excl. VAT

1. Tonnage Dues 0.831 0.794 0.953 0.859 1.302 0.252 0.220 0.267 1.193

2. Channel Dues 0.499 0.476 0.572 0.515 0.624 0.121 0.106 0.128 0.573

3. Sanitary Charge 0.063 0.060 0.073 0.065 0.079 0.015 0.013 0.016 0.071

4. Watchman Charge 0.074 0.071 0.085 0.077 0.093 0.018 0.016 0.019 0.085

5. Mooring or Unmooring 0.011 0.011 0.013 0.012 0.029 0.012 0.010 0.012 0.021

6. Towage in or Towage out 0.208 0.199 0.238 0.215 0.291 0.056 0.049 0.059 0.264

7. Berth Dues

7.1. for cargo operations 55.00 per Hour 0.108 0.021 0.018 0.022 0.100

7.2. for non-cargo operations 0.010 per Hour

8. Occupying Berth after completion of cargo operations (for the reasons beyond the Port control)

8.1. At Berths 2, 3, 7, 12, 13 & 14

for Container Vessels after 4

hrs., for Rail and RoRo Ferries

after 12 hrs., for other vessels

after 6 hrs.

0.160 Per hour

8.2. At other berths after 9 hrs. 0.008 per hour

9. Anchorage Dues at inner

roads 0.002 per Hour

10. Shifting 0.38 0.38 0.38 0.38 0.44 0.34 0.19 0.19 0.40

1.2. Port Service Special Tariffs

1.2.1. Port Service Complex (all in) Tariff

APM Terminals Poti Other berth in Port

Fishing and Fish Carrier vessels USD100.00 per day USD50.00 per day

Fishing and Fish Carrier vessels with

Georgian Port Registry

GT > 50 USD1.00 per GT/month USD0.50 per GT/month

GT < 50 USD50.00 per month USD50.00 per month

1.2.2. Port Administration and Infrastructure Fee for Container

1.2.2.1. Tariff for Port Administration and infrastructure for every container passing through

the Port is - USD 80.00 per container. The fee is invoiced to each shipping line

individually.

Page 16 of 27


1.2.3. Waste Removal

1.2.3.1. When Sanitary Charge is not levied vessels are charged according to the following

tariffs based on Client request:

- Bilge water removal - USD 50.00 per cub.m

- Sewage water removal - USD 45.00 per cub.m

- Dry garbage removal - USD 30.00 per cub.m

1.2.4. Fresh Water Supply

1.2.4.1. Tariff for fresh water supply to vessels alongside APM Terminals Poti berth is -

USD 10.00 per MT.

ANNEX 2 - CARGO HANDLING RATES

2.1 QUAY OPERATION

USD Excl. VAT

2.1.1 Breakbulk Cargo

Any pieces 35 MT and more or 50 m³ and more (Project Cargo)

(The unit of charge applicable shall be the larger measure of the

two)

MT or m³ 35.00

< 35 MT MT 25.00

< 25 MT MT 20.00

< 5 MT MT 15.00

2.1.2 Crane lift of Wheeled Cargo

< 5 MT Unit 150.00

< 10 MT Unit 250.00

< 25 MT MT 30.00

< 40 MT MT 40.00

40 MT or more MT 50.00

2.1.3 Roll On/Off of Wheeled Cargo

< 5 MT Unit 35.00

5 MT or more Unit 95.00

2.1.4 Roll On/Off of Rail Cars

Full Rail Car Unit 130.00

Empty Rail Car Unit 20.00

2.1.5 Passenger Fee Per Passenger 5.00

2.1.6 Bulk Cargo

Loaded/discharged from/to vessel with grabs direct to

truck/railcar MT 10.00

Page 17 of 27


2.1.7 Containers

Discharging/Loading

2.1.7.1 Full 20’ Unit 55.00

2.1.7.2 Empty 20’ Unit 15.00

2.1.7.3 Full 40’/45’ Unit 85.00

2.1.7.4 Empty 40’/45’ Unit 35.00

2.1.7.5 Full (IMDG Class-1, Class-5 and Class-7) to depart port

immediately Unit 250.00

2.1.7.6 Escorting of containers (IMDG Class-1, Class-5 and Class-7) with

fire trucks after discharging from the vessel First hour free

2.1.7.7 After first free hour Per hour 100.00

2.1.7.8 Full 20’ (IMDG Class) Unit 78.00

2.1.7.9 Empty 20’ (IMDG Class) Unit 41.00

2.1.7.10 Full 40’/45’ (IMDG Class) Unit 113.00

2.1.7.11 Empty 40’/45’ (IMDG Class) Unit 61.00

2.1.7.12 OOG Full 20’ (in case of usage NON-STANDARD SPREADER) Unit 110.00

2.1.7.13 OOG Full 40’/45’ (in case of usage NON-STANDARD SPREADER) Unit 170.00

2.1.7.14 Shifting (Cell to Cell) Unit 40.00

2.1.7.15 Shifting (Cell-Quay -Cell) Unit 80.00

2.2 HORIZONTAL TRANSPORTATION

USD Excl. VAT

Using APM Terminals Poti internal trucks and chassis

2.2.1 Full container Unit 15.00

2.2.2 Empty container Unit 10.00

2.3 YARD OPERATION

USD Excl. VAT

2.3.1 Lift on/off

Full unit 12.00

Empty unit 8.00

2.3.2 Container/Truck Stripping and stuffing (excl. vehicles)

Cargo in Big Bags/Barrels/Pallets MT 7.00

Cargo in Bags MT 8.00

Cargo in Boxes and Coils MT 9.00

OOG Cargo MT 30.00

Flat Racks (Vehicles in Working Order) unit 60.00

Other Cargoes MT 18.00

Page 18 of 27


2.4 STORAGE

USD Excl. VAT

2.4.1 General Cargo

First 4 day ton/day 0.50

5th to 30th day ton/day 1.00

More than 30 days ton/day 3.00

2.4.2 Containers

Full

First and last partial day 20’/day 0.00

2nd to 6th day 20’/day 1.00

7th to 13th day 20’/day 2.00

14th & Over 20’/day 4.00

First and last partial day 40’/45’/day 0.00

2nd to 6th day 40’/45’/day 2.00

7th to 13th day 40’/45’/day 4.00

14th & Over 40’/45’/day 8.00

Empty

First 8 days 20’/day 0.00


17th & over 20’/day 1.00

First 8 days 40’/45’/day 0.00

9th to 16th day 40’/45’/day 1.00

17th & over 40’/45’/day 2.00

2.4.3 Reefer Containers (incl. Plugging, Unplugging, Electricity and Monitoring) unit/day 30.00

2.4.4 Containers with IMDG Cargo (excluding Class-1, Class-5 and Class-

7)

First and last partial day 20’/day 0.00

2nd to 6th day 20’/day 4.00


14th & Over 20’/day 16.00

First and last partial day 40’/45’/day 0.00

2nd to 6th day 40’/45’/day 8.00

7th to 13th day 40’/45’/day 16.00

14th & Over 40’/45’/day 32.00

2.4.5 Leaking Containers unit/day 100.00

2.4.6 Wheeled Cargo

< 5 MT

First and last partial day unit/day 0.00

2nd to 6th day unit/day 2.00

7th to 13th day unit/day 5.00

Page 19 of 27


14th & Over unit/day 10.00

5 MT or more

First and last partial day unit/day 0.00

2nd to 6th day unit/day 5.00


14th & Over unit/day 15.00

2.5 CONTAINER YARD VEHICLE RELATED ACTIVITIES

GEL Excl. VAT

2.5.1 Car Handling

Stripping from container (incl. container sweeping) Unit 70.00

Stuffing Vehicles into container (incl. lashing, wood materials) Unit 400.00

GEL incl. VAT

2.5.2 Storage

Stripping day + 3 days unit/day 0.00



14th day & over unit/day 35.00

2.6 MISCELLANEOUS TARIFFS

USD Excl. VAT

2.6.1 Unloading/Loading of lashing gear box unit 130.00

2.6.2 Removal and installation of twin deck or hatch cover unit 70.00

2.6.3 APM Terminals Poti Railway Lines Usage Fee railcar 25.00

2.6.4 APM Terminals Poti Railway Lines Usage Fee (at CY) railcar 10.00

2.6.5 Railcar Storage (commences 24 hours after railcar entry)

railcar/Day or

part thereof 25.00

2.6.6 Gate Fee for Side Gates per railcar or

truck 25.00

2.6.7 Customs Inspection of container (incl. stripping) unit 120.00

2.6.8 Customs Inspection of container (without stripping) unit 0.00

2.6.9 Weighing of vehicles/Railcars on Scale (weighbridge) unit 15.00

2.6.10 Weighing Containers (incl. VGM certificate, LO-LO, horizontal transport) unit 50.00

2.6.11 Weighing Container (upon Customs/Client request) unit 20.00

2.6.12 Bundle or Unbundle Flat Racks/Roll trailers unit 20.00

2.6.13 Late Gate Charge unit 200.00

2.6.14 Placement or removal of IMO Stickers per sticker 10.00

2.6.15

Yard Shifting Charges (upon the Line/BCO Request) (stripping of car

container in advance in accordance with customer’s request)

per unit

shifted 20.00

Page 20 of 27


2.6.16 Lashing/unlashing of containers on vessel unit 4.50

2.6.17 Jump Start of dead car on RoRo vessel unit 25.00

2.6.18 Towage of dead truck from Port premises unit 25.00

2.6.19 Reefer container pre trip inspection unit 45.00

2.6.20 Container sweeping unit 20.00

2.6.21

Lashing / unlashing of cargo from containers on board of vessel (without

welding & cutting) ton 8 .00

2.6.22 Stevedore Gang Delay – non-containerized

per gang

per day 400.00

2.6.23 Car Pass (non-cargo operations) unit/month 35.00

2.6.24 Annual Car Pass (non-cargo operations) unit/year 420.00

2.6.25 Access Pass Card unit 2.00

2.6.26 Emergency response stand-by during operations per hour 250.00

2.6.27 Coiling of reefer cables on discharge to avoid damage unit 25.00

2.6.28

Changes load list or mismatch Inbound Stowage plan after vessel

docking (fixed fee) per event 500.00

2.6.29

Changes load list or mismatch Inbound Stowage plan after vessel

docking (variable fee) per unit 30.00

In the event that load list is changed, or inbound stowage plan is found to be mismatched, after vessel

docking the total amount invoiced will be the fixed fee plus the variable fee.

ANNEX 3 - EQUIPMENT HIRE TARIFFS

3.1 Port fleet Unit Minimum Number

of hr. invoiced Tariff per Hr. Tariff per Hr.

Within Port

Water Area

Out of Port

Water Area

USD Excl. VAT

3.1.1 Tugboat 1 465.00 700.00

3.1.2 Floating Crane 2 300.00 500.00

3.1.3 Pilot boat 1 230.00 420.00

3.1.4 N. Nikoladze (Dredging) As per request

3.2 EQUIPMENT

Minimum

Number of hours

invoiced

Tariff per Hr.

USD Excl. VAT

3.2.1 Mobile Crane LINK-BELT (90 mt) 2 200.00

3.2.2 Mobile Crane KATO (30 mt) 2 150.00

3.2.3 Mobile Harbour Crane (100 mt) 4 300.00

3.2.4 Forklift 1 30.00

3.2.5 Reach stacker 2 100.00

Page 21 of 27


3.2.6 Empty Handler 1 60.00

3.2.7 Wheel Loader 1 50.00

3.2.8 Terminal Truck and trailer 1 35.00

3.2.9 Locomobile 1 280.00

ANNEX 4 – FLOATING DOCKS SERVICE TARIFFS

FLOATING DOCK VESSEL REPAIR SERVICES

GEL Excl. VAT

4.1 Docking or Undocking of vessel(s) per event 7,500.00

4.2 Dock Rental Cost per day 3,500.00

4.3 Keel block arrangement

standard keel block per keel block 42.00

Non-standard keel block per keel block 84.00

4.4 Working with own crew or third-party vendor per day 750.00

For additional information about other docking services and

tariffs, Please contact to Commercial department:

[email protected]


Page 22 of 27


ANNEX 5 – Port Water Area

Page 23 of 27


ANNEX 6 - UK STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (REVISED 1986)

STANDARD FORM AGREEMENTS

U.K. STANDARD CONDITIONS FOR

TOWAGE AND OTHER SERVICES (Revised 1986)

1. The agreement between the Tug owner and the Hirer is and shall at all times be subject to and

include each and all of the conditions herein-after set out.

1.1 For the purposes of these conditions

1.1.1 "towing" is any operation in connection with the holding, pushing, pulling, moving, escorting

or guiding of or standing by the Hirer's vessel, and the expressions "to tow", "being towed"

and "towage" shall be defined likewise.

1.1.2 "vessel" shall include any vessel, craft or object of whatsoever nature (whether or not

coming within the usual meaning of the word "vessel") which the Tug owner agrees to tow

or to which the Tug owner agrees at the request, express or implied, of the Hirer, to render

any service of whatsoever nature other than towing.

1.1.3 "tender" shall include any vessel, craft or object of whatsoever nature which is not a tug but

which is provided by the Tug owner for the performance of any towage or other service.

1.1.4 The expression "whilst towing" shall cover the period commencing when the tug or tender

is in a position to receive orders direct from the Hirer's vessel to commence holding,

pushing, pulling, moving, escorting, guiding or standing by the vessel or to pick up ropes,

wires or lines, or when the towing line has been passed to or by the tug or tender, whichever

is the sooner, and ending when the final orders from the Hirer's vessel to cease holding,

pushing, pulling, moving, escorting, guiding or standing by the vessel or to cast off ropes,

wires or lines has been carried out, or the towing line has been finally slipped, whichever is

the later, and the tug or tender is safely clear of the vessel.

1.1.5 Any service of whatsoever nature to be performed by the Tug owner other than towing shall

be deemed to cover the period commencing when the tug or tender is placed physically at

the disposal of the Hirer at the place designated by the Hirer, or, if such be at a vessel, when

the tug or tender is in a position to receive and forthwith carry out orders to come alongside

and shall continue until the employment for which the tug or tender has been engaged is

ended. If the service is to be ended at or off a vessel the period of service shall end when

the tug or tender is safely clear of the vessel or, if it is to be ended elsewhere, then when

any persons or property of whatsoever description have been landed or discharged from

the tug or tender and/or the service for which the tug or tender has been required is ended.

Page 24 of 27


1.1.6 The word "tug" shall include "tugs", the word "tender" shall include "tenders", the word

"vessel" shall include "vessels", the word "Tug owner" shall include "Tug owners", and the

word "Hirer" shall include "Hirers".

1.1.7 The expression "tug owner" shall include any person or body (other than the hirer or the

owner of the vessel on whose behalf the Hirer contracts as provided in Clause 2 hereof) who

is a party to this agreement whether or not he in fact owns any tug or tender, and the

expression "other Tug owner" contained in Clause 5 hereof shall be construed likewise.

2. If at the time of making this agreement or of performing the towage or of rendering any service

other than towing at the request, express or implied, of the Hirer, the Hirer is not the Owner of the

vessel referred to herein as "the Hirer's vessel", the Hirer expressly represents that he is authorised

to make and does make this agreement for and on behalf of the owner of the said vessel subject

to each and all of these conditions and agrees that both the Hirer and the Owner are bound jointly

and severally by these conditions.

3. Whilst towing or whilst at the request, express or implied, of the Hirer, rendering any service other

than towing, the master and crew of the tug or tender shall be deemed to be the servants of the

Hirer and under the control of the Hirer and/or his servants and/or his agents, and anyone on board

the Hirer's vessel who may be employed and/or paid by the Tug owner shall likewise be deemed to

be the servant of the Hirer and the Hirer shall accordingly be vicariously liable for any act or

omission by any such person so deemed to be the servant of the Hirer.

4. Whilst towing, or whilst at the request, either expressed or implied, of the Hirer rendering any

service of whatsoever nature other than towing:

4.1 The Tug owner shall not (except as provided in Clauses 4.3 and 4.5 hereof) be responsible for or be

liable for

4.1.1 damage of any description done by or to the tug or tender; or done by or to the Hirer's vessel

or done by or to any cargo or other thing on board or being loaded on board or intended to

be loaded on board the Hirer's vessel or the tug or tender or to or by any other object or

property;

or

4.1.2 loss of the tug or tender or the Hirer's vessel or of any cargo or other thing on board or

being loaded on board or intended to be loaded on board the Hirer's vessel or the tug or

tender or any other object or property;

or

4.1.3 any claim by a person not a party to this agreement for loss or damage of any description

whatsoever; arising from any cause whatsoever, including (without prejudice to the

generality of the foregoing) negligence at any time of the Tug owner his servants or agents,

Page 25 of 27


unseaworthiness, unfitness or breakdown of the tug or tender, its machinery, boilers,

towing gear, equipment, lines, ropes or wires, lack of fuel, stores, speed or otherwise and

4.2 The Hirer shall (except as provided in Clauses 4.3 and 4.5) be responsible for, pay for and indemnify

the Tug owner against and in respect of any loss or damage and any claims of whatsoever nature

or howsoever arising or caused, whether covered by the provision of Clause 4.1 hereof or not,

suffered by or made against the Tug owner and which shall include, without prejudice to the

generality of the foregoing, any loss of or damage to the tug or tender or any property of the Tug

owner even if the same arises from or is caused by the negligence of the Tug owner his servants or

agents.

4.3 The provisions of Clauses 4.1 and 4.2 hereof shall not be applicable in respect of any claims which

arise in any of the following circumstances:

4.3.1 All claims which the hirer shall prove to have resulted directly and solely from the personal

failure of the Tug owner to exercise reasonable care to make the tug or tender seaworthy

for navigation at the commencement of the towing or other service. For the purpose of this

Clause the Tug owner’s personal responsibility for exercising reasonable care shall be

construed as relating only to the person or persons having the ultimate control and chief

management of the Tug owner’s business and to any servant (excluding the officers and

crew of any tug or tender) to whom the Tug owner has specifically delegated the particular

duty of exercising reasonable care and shall not include any other servant of the Tug owner

or any agent or independent contractor employed by the Tug owner.

4.3.2 All claims which arise when the tug or tender, although towing or rendering some service

other than towing, is not in a position of proximity or risk to or from the Hirer's vessel or

any other craft attending the Hirer's vessel and is detached from and safely clear of any

ropes, lines, wire cables or moorings associated with the Hirer's vessel. Provided always

that, notwithstanding the foregoing, the provisions of Clauses 4.1 and 4.2 shall be fully

applicable in respect of all claims which arise at any time when the tug or tender is at the

request, whether express or implied, of the Hirer, his servants or his agents, carrying

persons or property of whatsoever description (in addition to the Officers and crew and

usual equipment of the tug or tender) and which are wholly or partly caused by, or arise out

of the presence on board of such persons or property or which arise at anytime when the

tug or tender is proceeding to or from the Hirer's vessel in hazardous conditions or

circumstances.

4.4 Notwithstanding anything hereinbefore contained, the Tug owner shall under no circumstances

whatsoever be responsible for or be liable for any loss or damage caused by or contributed to or

arising out of any delay or detention of the Hirer's vessel or of the cargo on board or being loaded

on board or intended to be loaded on board the Hirer's vessel or of any other object or property or

of any person, or any consequence thereof, whether or not the same shall be caused or arise whilst

towing or whilst at the request, either express or implied, of the Hirer rendering any service of

Page 26 of 27


whatsoever nature other than towing or at any other time whether before during or after the

making of this agreement.

4.5 Notwithstanding anything contained in Clauses 4.1 and 4.2 hereof the liability of the Tug owner for

death or personal injury resulting from negligence is not excluded or restricted thereby.

5. The Tug owner shall at any time be entitled to substitute one or more tugs or tenders for any other

tug or tender or tugs or tenders. The Tug owner shall at any time (whether before or after the

making of this agreement between him and the Hirer) be entitled to contract with any other Tug

owner (hereinafter referred to as "the other Tug owner") to hire the other Tug owner’s tug or tender

and in any such event it is hereby agreed that the Tug owner is acting (or is deemed to have acted)

as the agent for the Hirer, notwithstanding that the Tug owner may in addition, if authorised

whether expressly or impliedly by or on behalf of the other Tug owner, act as agent for the other

Tug owner at any time and for any purpose including the making of any agreement with the Hirer.

In any event should the Tug owner as agent for the Hirer contract with the other Tug owner for

any purpose as aforesaid it is hereby agreed that such contract is and shall at all times be subject

to the provisions of these conditions so that the other Tug owner is bound by the same and may as

a principal sue the Hirer thereon and shall have the full benefit of these conditions in every respect

expressed or implied herein.

6. Nothing contained in these conditions shall limit, prejudice or preclude in any way any legal rights

which the Tug owner may have against the Hirer including, but not limited to, any rights which the

Tug owner or his servants or agents may have to claim Salvage remuneration or special

compensation for any extraordinary services rendered to vessels or anything aboard vessels by any

tug or tender. Furthermore, nothing contained in these conditions shall limit, prejudice, or preclude

in any way any right which the Tug owner may have to limit his liability.

7. The Tug owner will not in any event be responsible or liable for the consequences of war, riots, civil

commotions, acts or terrorism or sabotage, strikes, lockouts, disputes, stoppages or labour

disturbances (whether he be a party thereto or not) or anything done in contemplation or

furtherance thereof or delays of any description, howsoever caused or arising, including by the

negligence of the Tug owner or his servants or agents.

8. The Hirer of the tug or tender engaged subject to these conditions undertakes not to take or cause

to be taken any proceedings against any servant or agent of the Tug owner or other Tug owner,

whether or not the tug or tender substituted or hired or the contract or any part thereof has been

sublet to the owner of the tug or tender, in respect of any negligence or breach of duty or other

wrongful act on the part of such servant or agent which, but for this present provision, it would be

competent for the Hirer so to do and the owners of such tug or tender shall hold this undertaking

for the benefit of their servants and agents.

9.

Page 27 of 27


9.1 The agreement between the Tug owner and the Hirer is and shall be governed by English Law and

the Tug owner and the Hirer hereby accept, subject to the proviso contained in sub-clause 9.2

hereof, the exclusive jurisdiction of the English Courts (save where the registered office of the Tug

owner is situated in Scotland when the agreement is and shall be governed by Scottish Law and

the Tug owner and the Hirer hereby shall accept the exclusive jurisdiction of the Scottish Courts).

9.2 No suit shall be brought in any jurisdiction other than that provided in sub-clause 9.1 hereof save

that either the Tug owner or the Hirer shall have the option to bring proceedings in rem to obtain

the arrest of or other similar remedy against any vessel or property owned by the other party

hereto in any jurisdiction where such vessel or property may be found.

Documents

JSC Poti Sea Port Corporation Poti Sea Port Tariffs