|
SECTION ONE
GENERAL RULES AND REGULATIONS
ITEM
100 ABBREVIATIONS,
SYMBOLS & DEFINITIONS Unless
otherwise provided herein, the following Abbreviations, Symbols
and Definitions apply. ABBREVIATIONS SYMBOLS PORT
AUTHORITY HOLIDAYS DEFINITIONS AGENT
OR VESSEL AGENT – The party or entity submitting the application
for a berth. AUTHORITY
OR PORT AUTHORITY – The Port of Corpus Christi Authority
of Nueces County, Texas (A political Subdivision of the State
of Texas). BARGE,
OCEAN – A non self-propelled vessel used on ocean waters. BARGE,
INLAND WATERWAY – A non self-propelled vessel used on inland
waterways. BERTH
– The water area at the edge of a wharf, including mooring
facilities, used by a vessel while docked BULK
TERMINAL – All property, facilities, equipment, machinery
and wharves owned and/or operated by Authority and commonly referred
to as the Bulk Terminal. DAY
– A consecutive 24-hour period or fraction thereof. DOCKAGE
– The charge assessed against a vessel for berthing at a
wharf, pier, bulkhead structure, or bank, or for mooring to a
vessel so berthed. HANDLING
– The service of physically transferring dry bulk commodities
into and out of vessels and other dry bulk cargo transfer services
performed at the Bulk Terminal. SHIP
– Any self-propelled vessel suitable for use on ocean waters. TERMINAL
FACILITY – All wharves, docks lands, structures, freight
handling machinery, equipment, railroad tracks and appliances
of all kinds situated within the area covered by the scope of
this tariff. TON
– A unit of weight of 2,000 Lbs. (net or short ton) or 2204.6
Lbs. (metric ton). USAGE
– The use of Terminal Facility by any railroad, lighter operator,
trucker, shipper, vessel, consignee, their agents, servants and/or
employees. USER-
Any person or entity using Terminal Facilities or to whom or for
whom any service, work or labor is furnished, performed, done
or made available by the Port Authority, or any person or entity
owning or having custody of cargo moving over such facilities. VESSEL
– Any vessel used for the transportation by water of marine
cargo, whether self-propelled or non self-propelled and shall
include in its meaning the owner thereof. WHARF
– Any wharf, pier, quay landing or other stationary structure
to which a vessel may make fast or which may be used in the transit
or handling of cargo or passengers including other terminal facilities
alongside which vessels may lie, or which are suitable for and
are used in the loading, unloading assembling, distribution or
handling of cargo. WHARFAGE
– A charge assessed against the cargo or vessel for cargo
passing or conveyed over, onto or under wharves or between vessels
(to or from barge, lighter or water) when berthed at a wharf or
when moored in a slip adjacent to a wharf within jurisdiction
of Authority. Wharfage is solely the charge for use of a wharf
and does not include charges for any other service. ITEM
105 Unless
otherwise provided herein, this tariff is governed by the terms
and conditions of Port of Corpus Christi Authority Tariff 100-A
and is accessible at the Port’s website: http://www.portofcorpuschristi.com ITEM
110 This
tariff contains rates, rules, regulations and conditions applicable
to the handling of dry bulk commodities. The provisions of this
tariff do not apply to bulk grain handled at the Corpus Christi
Public Elevator. ITEM
115 The
Port Authority reserves full right and authority to interpret
the terms and conditions published herein. The use of the facilities
and services within the scope of this tariff shall constitute
consent by Users to the terms and conditions specified herein. ITEM
120 Any
labor or material required for special services not specifically
covered herein may be provided at actual cost plus twenty percent
(20%), or flat rate prices may be quoted by the Executive Director
or his designated representative, upon application. Authority
reserves the right to provide special services at its convenience
and will not assume any responsibility or liability whatsoever
for failure to quote on or render such service. ITEM
130 Users by their use of the Terminal Facilities or Waterways consent to release and discharge Authority from liability for, and assume the risk of loss or damage to, the property of the User, and the personal injury or death of any person employed by the User, and agree to defend, indemnify, reimburse and hold harmless Authority, its agents, servants, employees and Port Commissioners, from all claims, causes of action, demands, damages and liabilities of any kind or character, including but not limited to claims, causes of action, demands, damages and liabilities in any matter resulting from, arising out or caused, in whole or in part by User’s fault of any kind, including but not limited to willful misconduct, negligence, gross negligence, deliberate acts, strict liability in tort, breach of warranty, express or implied, or breach of any term or condition of the Authority’s tariff, as amended, including that caused by any of the activities of User’s agents, contractors, employees, invitees or licensees directly or indirectly related to use of the Terminal Facilities or Waterways by the User, save and except such damages as may be caused by the negligence of the Authority, its agents, contractors, employees, invitees or licensees, it being intended that the User will indemnify Authority for the User’s proportionate fault, including but not limited to negligence, which causes such damages. Should the User fail or refuse after written notice to participate in the settlement of a claim for damages, then Authority may settle with the claimant without prejudice to Authority’s indemnity rights set forth herein, it being agreed that a settlement after notice to the User will constitute a settlement of proportionate fault, including but not limited to negligence of both the User and Authority, which settlement may be apportioned between Authority and User.
|
