Poti Sea Port Corporation PORT TARIFF - APM Terminals · 2020-01-01 · assignment, and pays for all performed services. 1.1.3 APMT Poti - JSC Poti Sea Port Corporation, joint stock

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Classification: Public

Poti Sea Port Corporation

PORT TARIFF

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TARIFFS GUIDANCE

Page

General Terms and Conditions 3

1. General 3

2. Port Dues and Charges 7

3. Cargo Handling rates 9

4. Equipment Hire Tariffs 9

5. Floating Dock Service Tariffs 10

6. Other General Provisions 10

ANNEX_1 Port Dues and Charges 12

ANNEX_2 Cargo Handling Tariffs 13

ANNEX_3 Equipment Hire Tariffs 15

ANNEX_4 Floating Docks Service Tariffs 16

ANNEX_5 Poti Sea Port Water Area 17

ANNEX_6 UK standard conditions for towage and other services 18

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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.

1.1.1.1. GENERALGENERALGENERALGENERAL

1.1. DEFINITIONS

In these 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 the following terms shall be defined as follows:

1.1.1 Adverse Weather Conditions – weather conditions that force the port to suspend operations. These include

sustained wind speeds in excess of 20 meters per second and/or reduced visibility.

1.1.2 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.

1.1.3 APMT Poti - JSC Poti Sea Port Corporation, joint stock company organized and existing under the Laws of Georgia

with identification number 215080999.

1.1.4 Berth - a place in which a vessel is moored or secured; place alongside a quay where a vessel loads or discharges

cargo.

1.1.5 Berth Dues - Charges for the use of a berth.

1.1.6 Big Bag – Bag with Capacity more than 900 kg.

1.1.7 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.

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

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

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

1.1.10 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.

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

1.1.12 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;

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

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

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

APMT 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 APMT Poti for use or purchase of services;

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

and equipment;

1.1.17 Container Stripping: Removal of goods or cargo from container

1.1.18 Container Stuffing: Placements of goods or cargo into a container

1.1.19 Day – Calendar day;

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

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

adequate water depth along waterside facilities.

1.1.22 Empty - Empty Container;

1.1.23 Full - Full Container Load;

1.1.24 Force Majeure has the meaning given in clause 6.1.

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1.1.25 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);

1.1.26 Georgian Seaport Rules – Rules issued by Legal Entity of Public Law Maritime Transport Administration of the

Ministry of Economy and Sustainable Development of Georgia;

1.1.27 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;

1.1.28 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.

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

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

1.1.30 National Holidays

a. The days determined as Holidays under the Labor Code of Georgia among them: New Year’s Day (Jan1,

Jan 2), Orthodox Christmas Day (Jan7), Orthodox Epiphany (Jan 19), Mothers' Day (Mar 3), International

Women's Day (Mar 8), Independence Restoration Day (Apr 9), Orthodox Good Friday (),Orthodox Holy

Saturday (), Orthodox Easter Sunday (), Orthodox Easter Monday (),Victory Day (May 9), St Andrew's Day

(May 12), Independence Day (May 26), Day of the Assumption of Mary (Aug 28), Svetitskhovloba (Oct 14),

and St George's Day (Nov 23).

b. Any amendments to the above provided list according to the respective laws of Georgia.

1.1.31 IMDG - International Maritime Dangerous Goods;

1.1.32 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 APMT 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.

1.1.33 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.

1.1.34 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, color or specially

mounted equipment. The definition applies regardless of weapons presence or offensive nature.

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

1.1.36 Mobile Harbor Crane – A mobile crane generally situated at the water front used for lifting cargo from a vessel

to a point of rest on land or vice versa.

1.1.37 Moor - To attach a vessel to the shore by ropes.

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

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

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

1.1.41 Overtime - weekdays from 6 p.m. till 9 a.m., on Friday 6 p.m. till Monday 9 a.m. and National Holidays;

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

can be stacked;

1.1.43 Port Charge - Charges levied upon vessels calling Port based on services rendered by APMT Poti.

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

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

1.1.46 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.

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

Poti Port;

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

1.1.49 Spreader - A piece of equipment designed to lift containers by their corner castings.

1.1.50 Stevedore - natural or legal person that employs longshoremen (or dockers, dock workers, or port workers) to

load and unload vessels.

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

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

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

1.1.54 Towage - Charges for the services of tugs assisting vessels maneuver in ports.

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

1.1.56 VAT - Value Added Tax;

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

Container Vessel, Rail Ferry, RoRo Ferry and Other.

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

1.1.59 Wharf - Structure built alongside the water or perpendicular to the shore where vessels berth for loading or

discharging of Cargo end other purposes;

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 APMT Poti by the Client and to all agreements under which APMT Poti

renders services to the Client as well as to all offers and quotations of APMT 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 APMT 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 APMT Poti insofar as explicitly accepted by APMT 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 APMT Poti and the Client

when: (i) the Client confirms in writing its acceptance of this General Terms and Conditions and/or; (ii)

APMT 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

APMT 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.

1.3.2. The various persons designated as the Client in Article 1.1.15 are considered to be joint and several

debtors in respect of the fulfilment of all the Client’s obligations towards APMT 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 APMT Poti

1.4.1. APMT Poti is entitled to perform the services specified in this General Terms and Conditions as it sees fit.

1.4.2. APMT 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. APMT Poti will endeavor to perform the services with Good Operating Practices.

1.4.4. If, in the opinion of APMT Poti, circumstances so require, then in the performance of services APMT 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

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1.4.6. The Client shall at all times provide APMT 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 APMT 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 APMT Poti during the working process;

1.4.6.2 ensure fulfillment of the requirements of the Georgian Seaport Rules or/ requirements of other

legal acts in order to avoid contamination and pollution of the water area and territory of the Port;

1.4.6.3 instruct all employees 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 when they are in the Port Area;

1.4.6.4 ensure that Client’s representatives comply with safety and procedural rules of APMT 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 APMT 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 center 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 APMT Poti does not have the necessary

equipment, the Client shall ensure supply of such equipment. The supplied equipment shall conform

with the safety requirements.

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 APMT 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

APMT 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 APMT 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 APMT 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 APMT 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 APMT Poti premises by the representatives of

Forwarder;

1.4.6.9.5 at least 12 hours in advance before the entry of the vessel provide APMT 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 APMT 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 APMT 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;

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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, state and local laws, rules and

regulations.

1.4.8. The Client shall ensure that its employees and agents follow the applicable international, national, and

local health, safety and environmental laws, rules and regulations and comply with the respective

procedures set forth by APMT Poti.

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. Any time the Client fails to provide comply with conditions specified in Article 1.4.6, 1.4.7, 1.4.8 and

1.4.9, or fails to do so in a timely manner or has outstanding debt with APMT Poti, APMT Poti will be

entitled to suspend performance of the services until the situation has been resolved.

1.5. CURRENCY OF TARIFF

1.5.1. Tariffs for APMT 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 applicable

Law on Value Added Tax.

2.2.2.2. PORT DUES AND CHARGESPORT DUES AND CHARGESPORT DUES AND CHARGESPORT DUES AND CHARGES

2.1. PAYMENT OF PORT DUES AND CHARGES

2.1.1. If the Client with a vessel uses APMT Poti’s services, its facilities and/or Port Area the Client will incur Port

Dues and Charges, to be paid to APMT 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 APMT 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. APMT 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 APMT 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 APMT Poti indicated in the invoice.

2.4.3. Disputes between APMT 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 volume (in cubic meters) calculated by

multiplying the vessels’ following particulars (in meters) specified in the International Tonnage Certificate

(1969) and in other vessel’s documents – Length Overall, Breadth and Molded Depth amidships to Upper

Deck: V = LOA x B x D.

2.5.2. The volume of the towing barge systems, convoys of vessels and other combined objects will be measured

as the aggregate volume of all the components.

2.5.3. Tonnage dues, Channel Dues, Sanitary, Watchman charges and Wi-Fi Internet Access Fee to be paid once

per vessel call by inbound voyage Agent.

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2.6. SANITARY CHARGES

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 vessels 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:

For first outbound vessel – 3.5 hrs. free from time of giving permission for Port operation by Harbor Master;

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

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 maximum Draft less than

1.90m.

2.11.DISCOUNTS

2.11.1. The following Discounts are granted to

1. Vessels lying alongside other vessels already moored to a wharf

Berth Dues – 50%;

2. Container Vessels with operating as a Liner Service:

Tonnage Dues – 20%

Towage in/out – 10%

3. Rail and RoRo Ferries operating as a Liner Service

Tonnage Dues, Chanel Dues, Berth Dues, Sanitary Charge, Tugboats Charge, Watchman Charge – 60%

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 National Holidays.

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3.3.3.3. CARGO HANDLING CARGO HANDLING CARGO HANDLING CARGO HANDLING RATESRATESRATESRATES

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 APMT Poti, the Client

owes CARGO HANDLING RATES to APMT Poti.

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 APMT 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 APMT Poti in advance before commencement

Cargo operation if NOT agreed otherwise in WRITING based on Preliminary Quotation submitted to Client

by APMT Poti.

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

prior to cargo departing APMT Poti controlled area if NOT agreed otherwise in WRITING.


3.5. SURCHARGES

3.5.1. The Following Surcharges are in place for

3.5.1.1 cargo operations during National Holidays (except on a vessel sailing in Liner Service) - 25 %;

3.5.1.2 non-direct lift (except Annex_2, paragraph 2.1.3 and 2.1.4 and Containers) - 50%;

3.5.1.3 handling Cargo specified in Item Annex_2, paragraph 2.1.3 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 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.

3.6. 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).

4.4.4.4. EQUIPMENT HIRE TARIFFSEQUIPMENT HIRE TARIFFSEQUIPMENT HIRE TARIFFSEQUIPMENT HIRE TARIFFS

4.1. General

4.1.1. 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.

4.1.2. Port equipment Hire Tariffs includes port driver/operator;

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

4.2. Time Calculation Rule

4.2.1. Calculation method considered as period between from parking location to parking location, meaning

including movement to area of operations.

4.3. Statement of Facts

4.3.1. The Statement of Facts made by APMT Poti responsible person signed by Client should be provided to

APMT Poti Customer Service for further invoicing;

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4.4. Surcharges

4.4.1. Surcharge of 25% to be applied to the tariff in case of usage Mechanization Equipment during overtime;

4.5. Invoicing and Payment

4.5.1. The Client is required to pay the Equipment Hire Charges to APMT Poti in advance before commencement

of service based on Preliminary Quotation submitted to Client by APMT Poti if NOT agreed otherwise in

WRITING;

4.5.2. After completion of services the Client shall make payment of the final invoices, as provided by APMT Poti,

if NOT agreed otherwise in WRITING;


5.5.5.5. FLOATING DOCKS SERVICE TARIFFSFLOATING DOCKS SERVICE TARIFFSFLOATING DOCKS SERVICE TARIFFSFLOATING DOCKS SERVICE TARIFFS

5.1. General

5.1.1. 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;

5.2. Docking Duration

5.2.1. Docking Duration commences upon completion of keel block construction until departure of vessel,

including docking and undocking days (unless otherwise agreed);

5.3. Condition of Payment

5.3.1. Client is required to make prepayment according to the preliminary quotation provided by APMT Poti

before commencement of docking operation (unless otherwise agreed);

5.3.2. 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);


5.4. Supervision of Work

5.4.1. APMT Poti is obliged to perform supervision of any kind of works carrying out on a Floating dock.

5.5. Acceptance

5.5.1. On Completion works and before commencement of undocking the APMT Poti and Client's representative

shall draw up the Delivery Protocol.

5.6. Surcharges

5.6.1. The Following Surcharges are in place for overtime:

Keel block arrangement – 100%

Craneage – 100%

Usage of APMT laborer for Cutting/welding works – 100%

6.6.6.6. OTHER GENERAL PROVISIONSOTHER GENERAL PROVISIONSOTHER GENERAL PROVISIONSOTHER GENERAL PROVISIONS

6.1. FORCE MAJEURE

6.1.1. If APMT Poti fails in the fulfilment of any obligation towards the Client, this failure cannot be imputed to

APMT Poti, and consequently APMT Poti is not in default, if APMT Poti’s fulfilment of that obligation is

impeded or rendered impossible by foreseeable or unforeseeable circumstances beyond the control of

APMT 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 APMT Poti and

beyond the control of APMT Poti.

6.1.2. In the event of Force Majeure, APMT 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

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majeure lasts longer than one month, then APMT Poti and the Client are each entitled to fully or partially

dissolve the agreement without being obliged to pay any damages.

6.2. INDEMNIFICATION

6.2.1. The Client indemnifies APMT 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 APMT Poti

to the Client.

6.3. SUSPENSION AND DISSOLUTION

6.3.1. If the Client remains in default of any obligation towards APMT Poti, as well as in the event of bankruptcy,

suspension of payments or cessation of the Client’s business, APMT Poti is entitled to, without judicial

intervention and 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, or dissolve the agreement in question in

reference to all or part of the as yet unfulfilled portion of the agreement, at APMT Poti’s discretion, this

by means of a written declaration. The foregoing is without prejudice to the other rights accruing to APMT

Poti.

6.3.2. In the event of dissolution of the agreement on the grounds stated in Article 6.3.1, all claims held by APMT

Poti become immediately eligible in full.

6.4. REMOVAL OF VESSEL

6.4.1. If the Client fails to fulfil its obligations or fails to fulfil them on time, APMT Poti has the right to remove

the vessel, or to have the vessel(s) removed, at the expense and risk of the Client.

6.5. APPLICABLE LAW AND DISPUTES

6.5.1. The legal relation between APMT Poti and the Client is governed by Georgian law, to the exclusion of all

other laws.

6.6. NULLITY OF ONE OR MORE PROVISIONS

6.6.1. 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.

6.6.2. 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.

6.7. CHANGING TERMS AND RATES

6.7.1. APMT 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 information

regarding the changes.

These General Terms and Conditions apply as from January 1st, 2020.

All enquiries to:

Commercial Department

APM Terminals Poti

38, D. Agmashenebeli str.

Tel: +995 493 277777

E-mail: [email protected]

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

Page 12 of 20


ANNEXANNEXANNEXANNEX 1111 – PORT DUES AND CHARGES

1.1. Port Dues and Charges

Port Dues and Charges Tanker Container Vessel Rail

Ferry

RoRo

Ferry

Other

USD Excl. VAT

1. 1. 1. 1. Tonnage Dues 0.363 0.279 0.279 0.279 0.335

2. 2. 2. 2. Canal Dues 0.174 0.134 0.134 0.134 0.161

3. 3. 3. 3. Berth Dues

3.1. for cargo operations 0.03 55.00 per Hour 0.023 0.023 0.028

3.2. for non-cargo operations 0.010 per Hour

4. 4. 4. 4. Sanitary Charge 0.022 0.017 0.017 0.017 0.020

5. 5. 5. 5. Watchman Charge 0.026 0.020 0.020 0.020 0.024

6. 6. 6. 6. Mooring or Unmooring 0.008 0.003 0.003 0.005 0.006

7. 7. 7. 7. Towage in or Towage out 0.081 0.062 0.062 0.062 0.074

8. 8. 8. 8. Shifting 0.130 0.100 0.100 0.100 0.120

9. 9. 9. 9. Occupying Berth after completion of cargo operations (for the reasons beyond the PORT control)

9.1. At leased berths after 9 hrs. 0.008 per hour

9.2. At other berth for Container Vessels after 4 hrs., for Rail and

RoRo Ferries after 12 hrs., for other vessels after 6 hrs. 0.016 per hour

11110000. . . . Anchorage Dues at inner roads 0.002 per Hour

1.2. Port Service Special Tariffs

1.2.1. Port Service Complex (all in) Port Service Complex (all in) Port Service Complex (all in) Port Service Complex (all in) TariffTariffTariffTariff

APMT Poti New 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 Container Fee

1.2.2.1. Tariff for Port Administration for every container passing through the Port is - USD 70.00

per container. The fee is invoiced to each shipping line individually.

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 APMT Poti berth is - USD 10.00 per MT.

Page 13 of 20


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

2.1.2222 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

2.1.3333 Roll On/Off of Wheeled Cargo

< 5 MT Unit 35.00

5 MT or more Unit 95.00

2.1.4444 Roll On/Off of Rail Cars

Full Rail Car Unit 130.00

Empty Rail Car Unit 20.00

2.1.5555 Passenger Fee Per Passenger 5.00

2.1.6666 Containers

Discharging/Loading

2.1.6....1 Full 20’ Unit 55.00

2.1.6.2 Empty 20’ Unit 15.00

2.1.6.3 Full 40’/45’ Unit 85.00

2.1.6.4 Empty 40’/45’ Unit 35.00

2.1.6.5 Full (IMDG Class-1, Class-5 and Class-7) to depart port immediately Unit 300.00

2.1.6.6 Full 20’ (IMDG Class) Unit 78.00

2.1.6.7 Empty 20’ (IMDG Class) Unit 41.00

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

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

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

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

2.1.6.12 Shifting (Cell to Cell) Unit 40.00

2.1.6.13 Shifting (Cell-Quay -Cell) Unit 80.00

2.2 HORIZONTAL TRANSPORTATION

Using APMT Poti internal trucks and chassis USD Excl. VAT

2.2.1 Full container Unit 15.00

2.2.2 Empty container Unit 10.00

Page 14 of 20


2.4 STORAGE

USD Excl. VAT

2.4.1 General Cargo

First 4 days Ton/Day 0.50

5 to 30 days Ton/Day 1.00

More than 30 days Ton/Day 3.00

2.4.2 CONTAINERS

Full

First and last partial day TEU/Day 0.00

<7 Days TEU/Day 1.00


14 Day & Over TEU/Day 4.00

Empty

First 5 days TEU/Day 0.00




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 TEU/Day 0.00




2.4.5 Leakage CNTRS Unit/Day 30.00

2.4.6 WHEELED CARGO

< 5 MT

First and last partial day Unit/Day 0.00

<7 Days Unit/Day 2.00


14 Day & Over Unit/Day 10.00

5 MT or more

First and last partial day Unit/Day 0.00




2.3 YARD OPERATION

2.3.1 Lift on/off USD Excl. VAT

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 15 of 20


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 APMT POTI Railway Lines Usage Fee Railcar 25.00

2.6.4 APMT 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) Per Unit Shifted 20.00

2.6.16 Lashing/unlashing of containers on vessel Unit 4.50

2.6.17 Stevedore Gang Delay – non-containerized Hr. 400.00

2.6.18 Car Pass (non-cargo operations) Unit/Month 35.00

Access Pass Card Unit 2.00

2.6.19 Emergency response stand-by during operations Per hour 250.00

2.6.20 Coiling of reefer cables on discharge to avoid damage Unit 25.00

2.6.21 Changes load list or mismatch Inbound Stowage plan after vessel

docking (fixed fee)

Per event 500.00

2.6.22 Changes load list or mismatch Inbound Stowage plan after vessel

docking (variable fee)

Per Unit 30.00

In the event that the changed load list or mismatched inbound stowage plan after vessel

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

ANNEXANNEXANNEXANNEX 3333 - EQUIPMENT HIRE TARIFFS

3.1 Port fleet Unit Minimum

Number of hr

invoiced

Tariff per Hr.

Within Port Water Area

Tariff per Hr.

Out of Port Water Area

USD Excl. VAT USD Excl. VAT

3.1.1 Tugboat 1 465.00 1,200.00

3.1.2 Floating Crane 2 300.00 500.00

3.1.3 Pilot boat 1 220.00 400.00

3.1.4 N. Nikoladze (Dredging) As per request

2.5 CONTAINER YARD VEHICLE RELATED ACTIVITIES

2.5.1 Car handling GEL Excl. VAT

Stripping from container Unit 70.00

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

2.5.2 Storage GEL Incl. VAT

Stripping day + 3 days Unit/Day 0.00 <7 Days Unit/Day 25.00



Page 16 of 20


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 Harbor Crane (100 mt) 4 300.00

3.2.4 Forklift 1 30.00

3.2.5 Reach stacker 2 100.00

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

ANNEXANNEXANNEXANNEX 4444 –––– FLOATING DOCKS SERVICE TARIFFSFLOATING DOCKS SERVICE TARIFFSFLOATING DOCKS SERVICE TARIFFSFLOATING 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 Materials Cubic meter 200.00

4.4 Use of dock crane Per Hour 70.00

4.5 Replace of Anodes Unit 60.00

4.6 Keel block arrangement

standard keel block Per Keel block 42.00

Non-standard keel block Per Keel block 84.00

4.7 Removing and Replacing Bottom Plugs Unit 25.00

4.8 Usage of APMT labour for welding/Cutting works Sq.m 35.00

4.9 Supervision of works during overtime manhour 20.00

4.10 Painting Sq.m 11.00

4.11 Cleaning of hull with Ekomaster MK-3 Sq.m 5.50

4.12 Cleaning of hull with sandblaster Sq.m 13.50

4.13 Ultra-sounding Per point 4.80

4.14 Propeller and shaft dismantling, repairing and mounting (120-150mm) Per shaft 5,500

4.15 Sea chest cleaning and repair

0.5 Cub. Meter Per sea chest 85.00







4.16 Cleaning of chain and anchor, repairing, painting and replacing in chain box

16 Caliber (1 joint) Per joint 215.00









102 Caliber (1 joint) Per joint 1,030.00

4.17 Working with own crew or third-party vendor Per day 750.00

4.18 Any other works as per agreement

Page 17 of 20


ANNEX 5 ANNEX 5 ANNEX 5 ANNEX 5 –––– Port Water AreaPort Water AreaPort Water AreaPort Water Area

Page 18 of 20


ANNEX 6 ANNEX 6 ANNEX 6 ANNEX 6 ---- UK STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (REVISED 1986)UK STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (REVISED 1986)UK STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (REVISED 1986)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 Tugowner 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 Tugowner agrees to tow or to which the Tugowner 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 Tugowner 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 Tugowner 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.

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

"vessels", the word "Tugowner" shall include "Tugowners", and the word "Hirer" shall include "Hirers".

1.1.7 The expression "tugowner" 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 Tugowner" 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.

Page 19 of 20


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 Tugowner 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 Tugowner 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 Tugowner his servants or agents, 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 Tugowner

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 Tugowner 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 Tugowner even if the same arises from or is caused by the negligence of the Tugowner 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

Tugowner 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 Tugowner'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 Tugowner's business and to any servant (excluding

the officers and crew of any tug or tender) to whom the Tugowner has specifically delegated the particular

duty of exercising reasonable care and shall not include any other servant of the Tugowner or any agent or

independent contractor employed by the Tugowner.

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.

Page 20 of 20


4.4 Notwithstanding anything hereinbefore contained, the Tugowner 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 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 Tugowner for death or personal

injury resulting from negligence is not excluded or restricted thereby.

5. The Tugowner 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 Tugowner 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 Tugowner (hereinafter referred to as "the other Tugowner") to

hire the other Tugowner's tug or tender and in any such event it is hereby agreed that the Tugowner is acting (or is

deemed to have acted) as the agent for the Hirer, notwithstanding that the Tugowner may in addition, if authorised

whether expressly or impliedly by or on behalf of the other Tugowner, act as agent for the other Tugowner at any

time and for any purpose including the making of any agreement with the Hirer. In any event should the Tugowner

as agent for the Hirer contract with the other Tugowner 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 Tugowner 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

Tugowner may have against the Hirer including, but not limited to, any rights which the Tugowner 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 Tugowner may have to limit his liability.

7. The Tugowner 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 Tugowner 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 Tugowner or other Tugowner, 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.

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

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 Tugowner is situated in Scotland when the agreement is

and shall be governed by Scottish Law and the Tugowner 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

Tugowner 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

Poti Sea Port Corporation PORT TARIFF - APM Terminals · 2020-01-01 · assignment, and pays for all performed services. 1.1.3 APMT Poti - JSC Poti Sea Port Corporation, joint stock