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Tariff
100-A Section Two
TABLE
OF CONTENTS
Section Two MISCELLANEOUS
CHARGES AND TARIFF PROVISIONS RESPONSIBILITY
FOR PAYMENT OF CHARGES; EXTENSION OF CREDIT; LIENS The
owner, shipper or consignee of the cargo is responsible for charges
for (a) Wharfage, (b) Wharf Demurrage (see Notes 2 and 3, Item
280) and (c) loading and unloading (if not absorbed by the ocean
carrier); the Port Authority, however, cannot recognize the numerous
shippers or consignees who may be responsible for certain Port
Authority charges; therefore, such charges must be collected for,
and remitted to, the Port Authority by the vessel for whom the
cargo was received, loaded to, or unloaded from, her owners and
agents, or other duly authorized person renders the vesselís
owners and agents, or other authorized person, jointly and severally
liable, as guarantors, for payment of the Wharfage, Demurrage
and Loading and Unloading Charges. Unless
credit for its charges has been extended by the Port Authority,
all Port Authority invoices for its charges pursuant to this tariff
or other agreement are due and payable in United States currency
upon presentation to the vessel, her owners or agents. If payment
is not made by the person or persons, or entity or entities, to
whom credit has been extended by the Port Authority according
to the terms of such credit extension, then such person or persons,
entity or entities may be, following the failure to properly make
payment, placed on a cash payment basis by the Port Authority. The
vessel, her owners and agents must make timely payment of Port
Authority charges pursuant to this tariff regardless of when,
or if, the same are reimbursed by others for such charges. The
Port Authority may at any time, or from time to time, extend credit
to any User or other person or entity engaging in business with
the Port Authority pursuant to this tariff, as amended, upon terms
agreed upon between them, or such person or entity may be authorized
to use Terminal Facilities by providing a surety bond issued by
a corporate surety company on a form agreed upon by the Port Authority
which surety bond may cover one transaction or transactions occurring
during a stated period of time, but in every case must be for
an amount equal to 125% of the maximum Port Authority charges
to be covered by the surety bond. If a limit of credit established
by the Port Authority, or the limit of the surety bond, is reached,
the Port Authority may require additional security for the extension
of, or addition to, the limit of credit or the surety bond. If
credit has not been extended to a person or entity responsible
for the payment of Port Authority charges pursuant to this tariff,
then the Port Authority may estimate the amount of, and collect
in United States currency for, in advance of the use of Terminal
Facilities, all charges which may be expected to accrue against
a vessel, her owners and agents, or against cargo received for,
loaded to, or discharged from a vessel using the Terminal Facilities
and use of the Terminal Facilities may be denied by the Port Authority
until an advance payment, or a deposit toward payment, of the
estimated charges is made. The Port Authority may, from time to
time after a vessel commences to use the Terminal Facilities,
revise its estimate of charges to be accrued, and require additional
advance payment, of deposit, for the vessel, her owners and agents,
and if the same is not promptly paid, terminate the vesselís
use of the Terminal Facilities. The Port Authority has a lien, maritime or otherwise, against the vessel responsible for charges incurred pursuant to this tariff, as amended. Presentation by the Port Authority of its invoices to the vesselís owners, agents, stevedores or other representatives is done as a matter of accommodation and convenience and does not constitute a waiver of the Port Authority liens against the vessel for its charges.
APPLICATION
AND INTERPRETATION OF TARIFF Rates,
rules and regulations contained in this tariff shall apply equally
to all Users of the waterways and Terminal Facilities on the effective
date shown in this tariff or amendments thereto. The
use of the waterways and facilities under the jurisdiction of
the Port Authority is consent to the terms and conditions of this
tariff, and amendments hereto, and an agreement on the part of
all such Users to pay all charges based upon this tariff, and
amendments thereto, and to be governed by all rules and regulations
herein contained.
CARGO
STATEMENT, WHARFAGE TRANSACTION FORM, SHIPíS MANIFEST AND
ACCESS TO RECORDS REQUIRED Users
and all others using Terminal Facilities or private dock facilities
for cargo shall file with the Port Authorityís accounting
department a wharfage transaction form covering all cargo loaded
or unloaded at such facilities. Such wharfage transactions shall
be reported on a processed wharfage transaction form provided
by the Port Authority. The
wharfage transaction form on inbound cargo must be filed not later
than ten (10) days after arrival of the vessel. The wharfage transaction
form on outbound cargo must be filed not later than ten (10) days
after vessel sailing. All
Users of private and public port facilities as noted above shall
be required to permit Port Authority representatives reasonable
access to manifests of cargo, receiving reports and all other
documents necessary for the purpose of audit for ascertaining
the correctness of wharfage transaction reports filed or securing
necessary data to permit estimate of wharfage transaction charges.
WHARFAGE
CHARGES ON CARGO NOT SHIPPED BY WATER Cargo
placed on a wharf shall be considered to have incurred wharfage
charges when placed on the wharf whether or not such cargo is
eventually loaded on a vessel.
CHARGES
OF CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER Dues
and assessments levied by the Corpus Christi International Seamenís
Center, a schedule of which is on file with the Port Authority,
represent the charges of that non-profit organization for recreational,
cultural, etc., services and facilities available without discrimination
to seamen of vessels of all countries visiting the Port of Corpus
Christi.
WATER
BUNKERS,
FUEL OIL, TANK TRUCK TO VESSEL
ELECTRICITY
CHARGE
FOR SPECIAL SERVICES
LOADING
AND UNLOADING OF RAIL CARS AND MOTOR TRUCKS
FUMIGATION
REQUIREMENTS All
expense of fumigation is for the account of the cargo owner, shipper,
consignee or whoever has care, custody and control of the cargo. If
fumigation is not performed as required herein, the Port Authority
may fumigate such bagged agricultural products and bill the cargo
owner, shipper, consignee or whoever has care, custody and control
of the cargo for the cost for such fumigation. The Port Authority
has a lien on such cargo for all its costs of fumigation, which
are not paid.
HOLIDAYS FOR PORT AUTHORITY EMPLOYEES
When
a holiday falls on Saturday, it will be observed on the preceding
Friday. When a holiday falls on Sunday, it will be observed on
the following Monday.
TRANSSHIPMENT
OR RESHIPMENT OF CARGO Cargo
discharged from vessels for the transshipment to a vessel over
the Port Authorityís General Cargo Docks, having paid inward
wharfage, if reloaded within thirty days will be given free wharfage
on the outward movement. Time will be computed from the first
7:00 a.m. after completion of discharge to 7:00 a.m. of the day
loading begins.
SHED
AND/OR WHARF USE HIRE Vessels
loading or discharging cargo and using wharf sheds and/or wharf
for assembly or distribution of such cargo will be assessed a
shed and/or wharf use charge based on the quantity of cargo loaded
or discharged as follows: [See Exceptions]
CHARGE FOR CLEANING WHARVES AND SHEDS Vessel owners, operators, agents and other Users assigned to use wharves and transit sheds of the Port Authority are responsible for cleaning the property assigned for their use. If User does not clean the Port Authority property assigned for use, the Port Authority will provide labor and equipment to clean such property and charge the responsible person or entity cost plus twenty-percent, minimum $200.00, per wharf or shed or portion thereof. See also Item 240 herein.
FREE TIME AND STORAGE (A) Effecttive Mar 1, 2002
"FREE TIME": The period during which cargo or other property may occupy space on Port Authority wharves, assigned to it, free of storage charges immediately prior to loading or discharging such cargo. All Saturdays, Sundays and holidays are included in computing free time. Free time does not apply on shipments not loaded on or discharged from a vessel. The free time and storage stated herein is subject to available space and arrangements prior to cargo or other property arrival at Terminal Facilities. Users shall provide Authority with notice of intent to store cargo or other property beyond the free time stated in this item, and such notice shall also state the date by which all cargo or other property will be removed. PART ONE-
ON-DOCK FREE TIME AND STORAGE ALL CARGO EXCEPT DRY BULK Day 31 - 45…………………..$0.05 PART TWO -
LONG-TERM STORAGE PART THREE
- OFF-DOCK OPEN STORAGE
ASSIGNMENT
OF BERTH AND CONDITIONS OF ASSIGNMENT Vessel
owners or their agents desiring a berth for vessels of any kind
at any Authority Terminal Facility must as far in advance as possible
of the date of docking, make application in writing for same to
the Harbormaster on a form prescribed by the Authority specifying
the date of docking, sailing and the nature and quantity of cargo
to be handled. Assignment
of berth to vessels will be on first-come first-served basis.
The Harbormaster maintains a record of arrival times for all vessels,
which is used for berth assignments. Arrival time for ships and
ocean barges will be at the time of anchorage on the bar or at
the time a vessel crosses the bar and declares to be ready in
all respects to commence operations. Arrival time for inland waterway
barges will be the time of arrival in the Inner Harbor. To expedite the handling of vessels (See Note 1) and avoid congestion when there are more vessels to be assigned to specific berths than can be accommodated at one time, vessels already in berth may be ordered by the Harbormaster to work continuously at their own expense. A vessel refusing to work continuously may be ordered to vacate its berth. Failure of a vessel to vacate its berth so ordered shall subject vessel owners or their agents to payment of an additional dockage charge at the rate of six hundred dollars ($600.00) per vessel per hour or fraction thereof. Assessment of this additional dockage charge shall not affect the right of the Port Authority to effect removal of such vessels at the cost, risk and expense of the vessel owners or their agents. When a vessel refuses to vacate its berth when ordered to do so under the provisions of this item, its owners or agents, individually and collectively, will indemnify and hold harmless the Port Authority against all claims by incoming vessels assigned to the same berth for delay caused by failure of the vessel to vacate the berth. An
inland waterway barge or barges (see note 1) assigned to occupy
a berth for loading or unloading will have the right to finish
loading or unloading. However, if ordered by the Harbormaster
to work continuously and to vacate the berth when loading or unloading
is finished such barge or barges will be subject to the additional
dockage and other provisions of stated in this Item. Ships,
ocean barges and inland waterway barge tows of not less than four
barges have preference at all Port Authority berths over tows
of less than four inland waterway barges. Vessels
awaiting berth will load or unload in turn. Port Authority management
has the right to change the turn of vessels when confronted with
congestion, the urgent need to load or unload a particular cargo,
or to otherwise facilitate operations. The Port Authority is not
responsible for delays to vessels at or seeking berths regardless
of the cause of such delay. NOTE 1: For the purpose of applying the provisions of this item, inland waterway barge tows of not less than four barges will be treated the same as ships and ocean barges for berth turn.
PALLET
USE CHARGES (N) Effective July 8, 2003 A supply of serviceable cargo pallets is available for use by Freight Handlers and Stevedores. To avoid congestion these pallets must be used until the supply is exhausted, after which additional pallets owned or furnished by the Freight Handler or Stevedore performing the work may be used. If a party other than the owner of these pallets is using the pallets, the party shall pay a charge of $2.50 per net ton for Pallet Use to the pallet owner. In the case of cargo pallets removed from the shed and taken alongside the vessel or into the hold of the vessel, the party using the pallets is required to return them immediately into the shed adjacent to the vessel’s berth in an acceptable manner or place them in locations as directed by the Director of Operations or his designated representative. The party or parties using cargo pallets, other than their own, will be held responsible to the pallet owner for lost or damaged pallets while in their possession and/or use. Pallets shall be returned to owner in a clean and acceptable condition. In the case of damage to pallets by a party or parties using pallets other than their own, the cost of repairing or replacing said pallets will be assessed against and collected from such party by the owner of the pallets. . RECEIVING
AND STACKING CARGO IN TRANSIT SHEDS For the service of checking, receiving and stacking cargo, the stevedore unloader will charge three and one-half cents ($0.035) per 100 pounds to the stevedore loading the vessel.
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