Нанаймо NPA_Tariff_2012

VESSEL CHARGES

1.Berthage Effective April 1, 2012

Charges for berthing a vessel will be:

(a)$0.23 per metre of length per hour (or part thereof) at the Nanaimo Assembly Wharf and Duke Point Deep Sea Terminal, where length means the overall length of a ship In metres, or a

(b)Minimum charge of $175.00 per day

The above rates are computed on a four (4) hour basis. Should any line call go beyond a four (4) hour call, a second four (4) hour call will be charged.

Where additional linesmen are required, they will be charged out at the applicable man hour rate on a four (4) hour basis.

5.Security Charges

All vessels on berth will be assessed a security fee of $19.90 per hour

EQUIPMENT RENTAL RATES

1.Equipment Rental Rates

STORAGE AND OTHER SERVICES

1.Storage Charges

Storage of goods in warehouse or open yard

By Arrangement

2.Other Service (N.O.S.)

By Arrangement

A = Delay Rates – Monday to Friday 0800 to 1630 B = Extra Labour – Cost Plus

C = Monday to Friday 1630 to 0100; Saturday 0800 to 1630

D = Monday to Sunday 0100 to 0800; Sunday 0800 to 1630; Saturday and Sunday 1630 to 0100

E = General Holidays, All Shifts

Skill Differentials, for Longshoreman Dockwork

MAN HOUR RATES (cont’d)

A = Monday to Friday 0800 to 1630 1 Hour Shift Extension and 1/2 Hour Meal Penalty

B = Monday to Friday 0800 to 1630 3 Hour Minimum to 4 Hour Maximum Shift Extension; Foreman Double Shift Rate

C = Monday to Friday 1630 to 0100 All Shift Extensions and 1/2 Hour Meal Penalty

D = Saturday 0800 to 1630 1 Hour Shift Extension and 1/2 Hour Meal Penalty

E = Monday to Friday 0100 to 0800 All Shift Extensions and 1/2 Hour Meal Penalty

F = Saturday 1630 to 0100 and 0100 to 0800; Sunday All Shifts All Shift Extensions and 1/2 Hour Meal Penalty

G = Saturday 0800 to 1630 3 Hour Minimum to 4 Hour Maximum Shift Extension

H = General Holidays All Shifts All Shift Extensions and 1/2 Hour Meal Penalty

I = Monday to Friday Day Shift 0600 Start to 0800

Note: The above excludes uninterrupted operations for Foremen

MAN HOUR RATES (cont’d)

1.Application of Man Hour Rates

Straight Time Days

‘Straight Time Days’ refers to the hours between 0800 – 1630 on weekdays, Monday through Friday, not including any full day designated as a holiday by governing bodies or such holidays as are applicable under collective bargaining agreements.

Overtime

‘Overtime’ is work performed in overtime hours or on Saturdays, Sundays or holidays as defined in current labour agreements, for which the Port Authority shall be reimbursed the difference between the straight time costs and overtime costs for all labour and supervision employed in accordance with the Man Hour Rates set out in this Tariff.

Standby Charge

‘Standby Charge’ is to cover cost of men idled awaiting late arrival, collective bargaining agreement rest periods, or any other situation causing non ability of the vessel to load or discharge. The ‘Standby Charge’ is applied when dock labour is ordered for a specific time and ready to work, or having started, are delayed for a period of or exceeding ten (10) minutes at any time during that work, such delays caused by no fault of the Nanaimo Port Authority. When standby extends for ten (10) minutes, the first period and the following each ten (10) minute period, or fraction thereof, is subject to the ‘Standby Charge’ at Man Hour Rates as set out in this Tariff.

Dead Time (Guaranteed Time)

‘Dead Time’ (guaranteed time) is the time after completion of stevedoring or other services when such work is completed before the expiration of the minimum time guaranteed under labour’s collective bargaining agreements and awards. Dead time will be applied to men who cannot be transferred to other similar work in order to fill out the time remaining in a given guaranteed period. Charges will be assessed at the actual cost of such non productive hours of labour plus applicable fringe benefits and a percentage for overhead.

Specific Service

When the Wharfinger is requested to furnish labour for a ‘Specific Service’, and such service is completed before the expiration of a minimum time allowed under current collective agreements and awards, the parties authorizing such work shall be assessed for the time of such labour which accrues after the service is completed and until the end of the minimum time allowed in accordance with the Man Hour Rates set out in this Tariff.

GENERAL TERMS AND LIMITS OF LIABILITY

Containerized Goods: are goods received in a container for movement intact between vessel and

Weight/Measure/Unit: refers to the sections on Weights and Measurements and Conversions.

LIMITS OF LIABILITY

Goods will be accepted, stored and handled by the Company on the following terms and conditions:

1.In any legal or other proceeding in which destruction, damage, loss or disappearance of the goods is in issue, the burden of proving the fact of such destruction, damage, loss or disappearance, the cause thereof, and the responsibility therefore, shall lie always with the claimant; the Company and its employees, servants and agents being at all times presumed to have exercised due care in the custody and handling of the goods until the contrary is specifically proved by evidence, any rule of law or procedure to the contrary notwithstanding.

2.The Company, its employees, servants and agents shall not in any event be liable for any loss or damage to or in connection with the goods in an amount exceeding the lessor or least of:

(a)where lost, the Fair Market Value;

(b)where damaged, the Repair Costs;

(c)the Per Package Limitation;

(d)where the rate charged by the Company is based on the quantity of Goods, the Rate Based Limitation;

where:

(e)the Fair Market Value is the fair market value of the Goods lost, ex Nanaimo Port Authority, on the date of loss of the Goods;

(f)the Repair Costs are the reasonable repair costs of the Goods damaged;

(g)the Per Package Limitation is $100 per Package;

(h)the Rate Based Limitation (“RBL”) is the amount invoiced by the Company for terminal services provided with respect to the Goods lost or damaged, calculated as follows:

The Company does not and will not provide insurance for the benefit of any party who may suffer loss as a result of the limitation provisions contained in this Tariff. Such parties are encouraged to obtain their own insurance to cover such loss.

3.Neither the Company nor its employees, servants or agents shall in any event be answerable with respect to any claim for loss or damage unless written notice thereof has been given to the Company not more than thirty (30) days after the goods have left or should have left its actual custody, and unless a detailed, itemized and final claim has been lodged with the Company not

more than six (6) months following the incident alleged to have caused the loss or damage and unless legal action to enforce the same has been commenced not more than one (1) year following the incident alleged to have caused the loss or damage.

4.The Company, their employees, servants and agents shall be entitled to claim the benefit of the same exceptions, exemptions, restrictions and limitations with respect to liability as are set out in the Carrier's favour in any bill of lading contract of affreightment or similar document relating to the goods in question, and the Owners, consignees and all others having a property interest in the said goods, agree that the Carriers are the agents of the Company for the purpose of contracting these terms, and the Company authorizes the Carrier to so act as agent of the Company. Where, however there is any inconsistency between the terms of such bill of lading, contract of affreightment or similar document and the terms of this Tariff, the term of this Tariff will prevail.

5.Delays and Damage

The Company shall not be liable for:

a)any losses arising out of delays in loading, unloading, receiving, delivery or handling of any Goods, or

b)any loss or damage to Goods or any other personal property including containers or chassis which may be on the Property, howsoever caused, except to the extent that the loss or damage occurs directly and solely as a result of gross negligence or willful misconduct on the part of the Company, its employees or agents.

6.Injury to Persons (Including Death)

The Company shall not be liable for any injury to passengers from Vessels or to any other persons (including death at any time resulting from any such injury), occurring in, on or about the Property, save and except only to the extent that such injury occurs directly and solely as a result of gross negligence or willful misconduct on the part of the Company.

7.No Right of Deduction or Set Off

Notwithstanding any liability of the Company hereunder, Owners, shippers, consignees, carriers, other cargo or Vessel interests, and other persons responsible for charges under this Tariff, shall not be entitled by reason of any such liability to any deduction from, reduction of, set off against or waiver of any terminal charges, all of which shall be paid in full as and when due.

8.Owner's Risk

Cargo which, because of its inherent nature, is subject to deterioration, spoilage, shrinkage, oxidization, wastage, rust, tarnish, discoloration, breakage, leakage, chafing or any other peculiar loss or damage that may occur despite accepted practices for the case of cargo, or glass, liquids, and fragile articles, will be accepted only at Owner's risk.