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Terms and Conditions

TERMS AND CONDITIONS

The following terms and conditions apply to all those doing business with Napier Port.

Standard conditions of service

Napier Port is pleased to offer its services under the following conditions.

The Port of Napier Limited operates and provides Services to Users at the Port pursuant to these Conditions and in accordance with the Port Regulations and the Tariff (which are incorporated into and form part of these Conditions) and not otherwise.

Each application for the provision of Services and the provision thereof by the Operator will be deemed to be a separate and distinct contract between the User and the Operator and will be subject to the Port Regulations and Tariff applicable at the time when such Services are provided. Each contract may be terminated by the Operator on 90 days notice in writing to the User unless a written contract arising from these Conditions provides otherwise. No servant or agent of the Operator has authority to waive or vary all or any part of these Conditions.

Where the User is an Agent, by applying for the Provision of Services, the User warrants that it has the actual authority of the Owner of the Ship (as defined herein) or the Owner of the Cargo and all other defined Users to enter into these Conditions on behalf of such Owner and where the User is an Agent it accepts these Conditions not only for and on behalf of each such Owner but also in its own right as principal.

1. Agent means any person acting as shipping agent, cargo agent or forwarder orother intermediary.

2. Ancillary equipment includes clip-on refrigerator units, refrigerator towers , trailers and chassis.

3. Cargo means goods, merchandise or other property of every type, including Containers.

4. Claim means any demand, dispute, suit, proceeding or cause of action or asserted liability or loss.

5. Container means any container, tank, flat or pallet or like article used to consolidate goods for carriage, including any Ancillary Equipment.

6. Dangerous cargo means goods defined as such in the IMDG Code or any other similar,equivalent or applicable laws or regulations relating to dangerous cargo.

7. Harbour Master means the appointed Harbour Master of the Port (or in his absence anyDeputy or Assistant Harbour Master).

8. Loss includes all loss or damage or injury of every nature, including any loss by demurrage or delay.

9. Owner means the User and any person for whom the Operator provides or is to provide Services hereunder or who requests the Operator to provide Services or any person who is or who appears on reasonable grounds to be an Agent, employee, subcontractor or a representative of any one or more of them. The obligations and liabilities under these Conditions of all or any of such persons will be joint and several. Without limiting the foregoing, Owner will include the Owner, Lessee, Charterer (of any description), Operator or Manager of any Ship, a shipper (or if the context requires an Owner of Cargo), stevedore or a combination of any two or more of those parties.

10. Port means the Port of Napier, including all lands, waters, wharves, channels and anchorages forming the Port.

11. Operator means Port of Napier Limited and includes, where the context requires, associated and subsidiary companies, and servants , agents and subcontractors of the Operator

12. Port Regulations means all statutes, laws, ordinances, regulations by-laws, rules and statutory instruments and operating procedures applicable to the Operator and the operations and business of the Port.

13. Services means the whole of the Services and facilities provided or to be provided by the Operator in or about the Port and includes the Cargo Services described in Part B and the General Services described in Part C.

14. Ship means any Ship, boat, vessel. lighter, barge or other craft in respect of which the Operator provides, or is to provide, Services under these Conditions.

15. Tariff means the published Tariff rate of the Operator as in force from time to time and includes all pricing schedules and other publications of the Operator listing prices, charges or rates in applicable from time to time for the provision of Services.

16. UKSTC means the United Kingdom Standard Conditions for Towage and Other Services (Revised 1986).

17. User means any Agent, Owner or customer of the Operator to whom the Operator provides, or is to provide, Services under these Conditions and includes any servant, agent, subcontractor or invitee of the User.

Where the context requires, any reference to any person includes a company or firm (and vice versa), any reference to the singular includes the plural (and vice versa) and any reference to one gender includes the other sender. Headings are for convenience only. Any reference to a right or obligation of any two or more persons confers that right or imposes that obligation, as the case may be, jointly and severally. Any reference to ‘including” will be without limitation as to its effect.

1. The Operator may agree to provide any of the Cargo Services listed in Schedule I in respect of Ships and shipping and Cargo suitable for the Port and in accordance with the Tariff.

2. The User will accept or deliver Containers or Cargo to the limit of the capacity of the available handling equipment.

3. Working hours will accord with the operating procedures in the Port Regulations. Subject thereto and to the Operator making available necessary facilities, the Operator will work Ships continuously seven days per week, excluding public holidays.

4. All Bills of Lading or contracts of carriage signed by or on behalf of the User, or under which the User is liable, must include a clause conferring the benefit of all defences and limits of liability contained therein to the Operator, which benefit is hereby accepted.

5. Instructions in the User’s Bill of Lading, delivery order, or other documents entitles the Operator to deliver to the bearer thereof, even if such document provides for delivery to a named party or to its order. The Operator is entitled to assume that the person presenting such document is the person lawfully entitled to take delivery. The Operator is not required to verify signatures appearing on any such document. The User will indemnify the Operator for any Claim arising or resulting from the Operator delivering Cargo in accordance with this provision.

6. The User undertakes to pay to the Operator on demand all amounts due for charges for Cargo Services in accordance with the Tariff or as may be agreed. Such charges will be due and shall incur such penalties as are set out in the Tariff or the Port Regulations.

1. The Operator may agree to provide any of the General Services listed in Schedule 2 in respect of Ships and shipping and Cargo suitable for the Port and in accordance with the Tariff.

2. Where the Operator provides tugs, towage or lineboat or similar Services whether pursuant to Schedule 2 or otherwise, such Services will be subject to UKSTC and notwithstanding any other provision of these Conditions, any liability arising out of the provision of such Services will be determined in accordance with UKSTC and not otherwise.

3. Working hours will accord with the operating procedures in the Port Regulations. Subject to this, the Operator will provide the General Services required by the User continuously seven days per week.

4. Where the User hires equipment from the Operator, the User will promptly return the equipment so hired to the Operator in the same order and condition as when hired from the Operator, fair wear and tear excepted.

5. The User undertakes to pay to the Operator all amounts due for charges for General Services in accordance with the Tariff or as may be agreed and to pay all wharfage, tonnage rates, shed rent, hire of equipment charges and Port charges, telephone, communications, lighting, water, electrical services and other charges for the provision of Services to the User and shall incur such penalties as are set out in the Tariff and/or Port Regulations.

1. The User undertakes that it will not make any Claim against any party other than the Operator (including any servant, agent or subcontractor of the Operator) arising directly or indirectly from Services provided under these Conditions. If, despite this undertaking any such Claim is brought by the User against any party other than the Operator,

(a) all such servants, agents or subcontractors of the Operator will be entitled to the benefit of these Conditions to the same extent as the Operator and in entering into these Conditions the Operator does so not only on its own behalf but also as agent and trustee for all such servants, agents and subcontractors, each of whom will be deemed to be parties to these Conditions; and,
(b) the User will indemnify the Operator against any Claim or Loss that the Operator may incur as a result of such Claim, provided that this provision will not apply to, any Claim by the User against any pilot or the provision of pilotage services, to which Clause 2 of Part E applies.

2. The User further undertakes that no Claim will be made by any person other than the User that seeks to impose on the Operator or on any third party any liability whatsoever or howsoever arising directly or indirectly from Services provided under these Conditions and if notwithstanding this undertaking any such Claim is nevertheless made, the User will indemnify the Operator against any liability that the Operator may incur as a result of such Claim.

3. The User undertakes to provide to the Operator, at least 24 hours before the arrival of the Ship, particulars of the movements of the Ship and its cargo, including Dangerous Cargo, valuable goods and goods requiring special care. The User will also comply with the operating procedures in the Port Regulations.

4. The User will promptly comply with all directions given from time to time by the Harbour Master and will, if ordered by the Harbour Master and/or the Operator at their absolute discretion move any Ship to or from any berth to another or  to anchorage or as the Harbour Master or Operator may direct.

5. The User warrants that: (a)All particulars it provides relating to Cargo are accurate. (b)All Cargo is properly packed and labeled and, if received already in Containers, is properly stowed and secured therein. (c)All Containers are fit for their intended purpose. (d)All Cargo (including Dangerous Cargo) complies with all regulations and requirements of all applicable  authorities.

6. The User will indemnify the Operator without any limitation of liability against any liability or loss arising from: (a)Any breach of Clause 5 of this Part. (b)Provision of a Container for which, knowingly or otherwise, the gross weight of which exceeds the maximum appropriate gross weight or loaded with an incorrect centre of gravity. (c)Any incorrect declaration or misdeclaration of the true nature or contents of any Dangerous Cargo.

7. The Operator may at any time refuse to accept or deal with Cargo if to do so would, in the opinion of the Operator, cause difficulty to the Operator’s operations in general, or risk of damage to the Cargo, or other cargo. or property belonging to the Operator or a third parry, or risk of injury to any person.

8. The User will comply with all documentary requirements and operating procedures as required from time to time by the Operator.

9. Subject to Part E of these Conditions, the User will indemnify the Operator against any Loss howsoever arising from any failure by the User to observe these Conditions or the Port Regulations.

10. The Operator may at its sole discretion subcontract the whole or part of any Services provided under these conditions without notice to the User. Any subcontractor (and its employees) will have the benefit of the whole of these Conditions and the Operator enters into these Conditions on its own behalf and as trustee for any such subcontractor or employees, and to the extent required to give effect to these provisions, each such subcontractor or employee will be deemed to be a party to these Conditions.

11. The User will forthwith remove any Cargo or equipment or other property as directed by the Operator. If the User fails to do so, the Operator will be entitled to arrange removal and storage thereof, at the User’s sole risk and cost.

12. The Operator will have a lien on Cargo, Containers and any documents relating thereto for all sums whatsoever due at any time to the Operator from the User and for the costs of recovering the same and the Carrier will have the right to sell. the same by public auction or Private treaty, without notice to the User and at the User’s expense and without any liability towards the User.

13. These Conditions are governed by the law specified in Schedule 3.8 and any Claim arising hereunder or in connection herewith must be determined by the Courts specified in Schedule 3.9 and by no other Court. No warranties are to be implied into these Conditions, other than those that cannot be excluded by the law specified in Schedule 3.8.

14. If any part of these Conditions is held to be invalid or unenforceable, such part will be excised from and deemed not to form part of these Conditions but the remainder of these Conditions will remain in full force and effect and these Conditions will continue to apply as if the invalid or unenforceable parts had not been included.

15. The User undertakes that it will comply with its health and safety obligations arising under the Health and Safety at Work Act 2015 and associated regulations.

1. The Operator will not be responsible to the User for any Claim or Loss arising directly or indirectly by reason of any:

(a) Insufficient depth of water; or,
(b) Inability to provide a safe berth or anchorage ; or
(c) Provision of information to User (including relating to weather, sea or tiday conditions, keel depths, dredging, advisory services, Notice(s) to Mariners and/or warnings as to navigation); or the
(d) Actual or forecasted weather, sea or tidal conditions; or the
(e) Condition of the Operator’s quay, wharves, berths or the approaches to the, or the
(f) Condition of (or absence of) any lights, markers, beacons or other navigational aids or the inadequacy of any buoys, mooring lines or bollards
(g) Intentional or unintentional act or omission by another port User whether caused or arising in whole or in part from the negligence of the Operator or otherwise howsoever arising.

2. Where the Operator provides pilotage services pursuant to Part C, nothing contained in these Conditions will operate so as to affect any statutory right of limitation that the pilot may have, but in no event will the Operator be under any liability to the User for any negligent act or omission in the provision of pilotage services by the Operator or for any loss suffered or incurred by the User howsoever arising.

3. Nothing contained or implied by these Conditions will affect the User’s absolute responsibility for the safe navigation and proper management of the Ship. including stowage, trim and stability and all berthing, unberthing, mooring and unmooring operations and the User will indemnify and keep indemnified the Operator from and against Claims howsoever arising relating to the navigation and management of the Ship.

4. The Operator will not be liable or responsible to the User for any loss of market or consequential loss or indirect loss or pure economic loss that the User suffers by reason of the negligent performance of Services in whole or in part or otherwise howsoever arising. If, despite this provision, the Operator is held to be liable for such loss, its liability will be limited in accordance with Clauses 6 and 9 of this Part.

5. If the User hires equipment from the Operator, the User undertakes to indemnify the Operator against all Claims, howsoever arising as a consequence of the hire of equipment to the User, provided that any such Claim has not arisen as a result of a want of reasonable care by the Operator to maintain such equipment in a safe and reasonable condition (the burden of proof of any failure to exercise such reasonable care being upon the User).

6. If the User proves that any Loss it has sustained was caused by the negligence of the Operator, the Operator’s liability, to the extent of such negligence, will be the lesser of:

(a) the market value of any property Loss; or,
(b) the reasonable cost of repair of such property, subject to Schedule 3.7; or,
(c) the limits set out in Schedule 3.1-3.4 provided that for loss to Cargo under the control of the User the Operator, if liable, will be liable for the amount paid by the User or the User’s liability thereunder (whichever is the lesser) under the applicable Bill of Lading or other contract of carriage.

If through the User’s negligence, limits of liability or defences that would customarily apply under such Bill of Lading or contract are not applied or can be avoided, the liability of the Operator will be limited as if such limits and defences did apply.

7. The User will indemnify the Operator from and against:

(a) Any liability or loss exceeding the amount specified in Schedule 3.5 whether such loss is caused by the negligence of the Operator or otherwise howsoever arising.
(b) Any loss to any property of the Operator (including any quays, wharves or berths, sheds, buildings or other installations, lights, markers, beacons or navigational aids or buoys, lines, moorings or bollards or plant, equipment and machinery) subject always to the provisions of Clause 5 applying to hired equipment and in respect of cranes not exceeding the amount specified in Schedule 3.6.
(c) All costs or expenses or Loss sustained or incurred by the Operator arising from any pollution incident, including all costs or expenses incurred by the Operator or directed by the Harbour Master in the cleaning-up or removal of any pollution or reasonably incurred by the Operator in anticipation of any pollution arising from any User’s Ship.
(d) All costs and expenses or Loss sustained or incurred by the Operator in the removal (in whole or in part) of any wreck or the making safe of any hazard to navigation arising from the presence of any User’s Ship in the Port.

8. If the User is liable to the Operator, the User’s liability will in no event exceed the greater of the Ship’s tonnage limit of liability or the maximum specified in Schedule 3.5 unless such liability arose or resulted from the User’s personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result. Notwithstanding the foregoing, the limits contained in Schedule 3.5 will not apply:

(a) If otherwise specifically excluded or limited by these Conditions; or,
(b)To any Claim to which UKSTC applies; or,
(c) To the removal (in whole or in part) of any wreck or making safe any hazard to navigation; or,
(d) In respect of any pollution incident.

9. Unless specifically excluded or limited by any other term of these Conditions, if the Operator is liable to the User, the Operator’s liability will in no event exceed the maximum specified in Schedule 3.7, unless such liability arose or resulted from the Operator’s personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result. Schedule 3.7 limits will only apply to any loss to which Schedules 3.1-3.4 apply if the aggregate thereunder exceeds the limit provided for in Schedule 3.7.

10. Notice of any Claim for any Loss must be given in writing to the Operator within 30 days of the Loss, or within 30 days of when the Loss was or should have been ascertained, whichever earlier.

11. The Operator will be discharged from all liability and from any Claims the User has or might otherwise have against the Operator arising directly or indirectly from Services provided under these Conditions, unless proceedings are commenced by the User and served upon the Operator within one year of the User’s cause of action against the Operator arising.

12. Notwithstanding anything contained herein, the Operator will not be liable or responsible to the User for failure to perform or delay or Loss in performing any Services arising directly or indirectly as a consequence of any:

(a) Interruption to the supply of electricity, gas or water to the Operator. The Operator will be under no obligation to have available any auxiliary supplies.
(b) Strikes, riots, civil commotions, lockouts, stoppages or restraints of labour. whether or not involving the employees of the Operator.
(c) War, civil war, hostilities or the acts of terrorists, insurgents or similar disturbances.
(d) Adverse or unusual conditions of sea or weather, earthquakes, flood or fire.
(e) Acts, orders, regulations, or requirements of any lawful authority or any person purporting to act on behalf of any such authority.
(f) Any other cause that the Operator could not prevent or avoid by the exercise of reasonable diligence.

13. The Operator will not be liable for any direct, indirect or consequential loss caused by the exercise of its right of cancellation of any contract to provide services.

14. In any event, where applicable the liability of the Operator shall be governed by the provisions of the Carriage of Goods Act 1979.

Cargo Services that the Operator may provide in accordance with Part B may include (but will not be limited to):

  • Loading and discharging of Containers and Cargo
  • Lashing and unlashing of Containers and Cargo
  • Removal and replacement of Ship’s hatch covers
  • Handling heavy lifts, Ship’s stores, passenger and crew baggage and breakbulk or other non-containerised Cargo
  • Consolidation and deconsolidation, and reception, stowage and delivery of LCLCargo
  • Handling refrigerated Containers
  • Services in respect of Customs examination of Containerised Cargoes
  • Cleaning Containers.¨ Repairing of Containers
  • Storing Containers
  • Pre Tripping of Refrigerated Containers
  • Provision of out-turn reports or summaries for Services provided
  • Preparation of Ship’s stowage plans
  • Receiving and Delivery of Cargo
  • Marshalling of Cargo
  • Monitoring/Plugging/Unplugging of Refrigerated Containers
  • Storage of Cargo
  • Container door stops and inspections
  • Warehousing of Cargo
  • Stevedoring
  • Cargo consolidation
  • Quayside crane operation
  • EDI Messaging

General Services that the Operator may provide in accordance with Part C may include (but will not be limited to):

  • Tugs, towage and mooring services
  • Electricity, gas, telephone and water
  • Pilotage
  • Emergency services (including fire fighting and pollution and environment controls)
  • Cranes, gantries, ladders, gangways, barges, lighters and like equipment
  • Hire of equipment
  • Watchmen, security services, gatekeepers and guards
  • Cleaning, painting and waste disposal
  • Navigational aids
  • Port security
  • CCTV Surveillance

3.1. Physical loss or damage to containers

i. Refrigerated containers – NZ$25,000.00
ii. Insulated containers – NZ$15,000.00
iii. Other 20 ft containers – NZ$ 6,000.00
iv. Other 40 ft containers – NZ$ 8,000.00

Provided that the maximum aggregate liability shall not exceed NZ$250,000 in respect of the total of all claims for loss or damage by whomsoever made arising out of any one event or interconnected series of events and the user shall bear the first NZ$300 of any claims.

3.2. Container ancillary equipment

i. Container clip-on units – NZ$10,000.00
ii. Tower units – NZ$25,000.00
iii. Generator – NZ$20,000.00

Provided that the maximum aggregate liability shall not exceed NZ$100,000 In Respect of the total of all claims for loss or damage by whomsoever made arising out of any one of the interconnected series of events and the User shall bear the first $300 of any claim.

3.3. Physical loss or damage to cargo

i. Cargo when in closed or sealed container – NZ$50,000 provided that the maximum aggregate liability shall not exceed NZ$250,000 in respect to the total of all claims for loss and damage by whomsoever made arising out of any one event.
ii. All other cargo – NZ$1,500 per tonne or part thereof

Provided that the maximum aggregate liability shall not exceed NZ$50,000 in respect to the total of all claims for loss and damage by whomsoever made arising out of any one event or interconnected series of events and the User shall bear the first NZ$300 of any claim.

3.4. Physical loss or damage to shiips and equipment

The maximum aggregate liability shall not exceed NZ$15,000,000.00 in respect of the total of all claims for loss or damage by whomsoever made arising out of any one event or interconnected series of events and the User shall bear the first NZ$300 of any claim.

3.5. Operator’s maximum liability – part e, clause 8

The sum of NZ$7,500,000 in respect of the total of all claims for loss or damage by whomsoever made arising out of any one event or interconnected series of events and any further limitation prescribed in the 1976 Convention on Limitation of Liability for Marine Claims in respect of any excess liability over that amount.

3.6. Operator’s maximum liability – part e, clause 7 (b) – cranes 

The lesser of the reasonable cost to repair or market value of any container crane, Provided that the maximum aggregate liability shall not exceed NZ$7,500,000 per crane in respect of the total of all claims for loss and damage by whomsoever made arising out of any one event or interconnected series of events and the Operator shall bear the first NZ$300 of any claim.

3.7. Operator’s maximum liability – part e, clause 6

The sum of NZ$7,500,000 in respect of the total of all claims for loss or damage by whomsoever made arising out of any one event or interconnected series of events and any further limitation prescribed in the 1976 Convention on Limitation of Liability for Marine Claims in respect of any excess liability over that amount.

3.8. Governing laws

The laws of New Zealand

3.9. Agreed jurisdiction

New Zealand

Port regulations

These regulations set out the operational procedures and other requirements at Napier Port.

These regulations for the Port of Napier set out the requirements and operational procedures for the Port of Napier. The Port regulations are to be read with the Standard Conditions of Service for the Port of Napier Limited. Where there is any conflict between the Standard Conditions of Service and the Port regulations the Standard Conditions of Service shall prevail.

In these regulations the following meanings shall apply unless the context shall otherwise indicate:

Day” means from 0001 hours to 2400 hours in relation to cargo handling charges and 24 hours from the time of berthing in relation to marine service charges.

DLR” means to discharge containers from ship, land on wharf and restow on same ship.

ETA” means estimated time of arrival of ship at pilot station.

ETD” means estimate time of departure of ship from berth.

FCL” for the purposes of this document means a container that will not be packed or unpacked by the Operator.

FEU” means a 40’ length container.

LCL” for the purposes of this document means a container that will be packed or unpacked by the Operator.

Marshalling” means the moving of cargo to ship’s side including DLRs onto wharf.

Operator” means Port of Napier Limited as defined in the Standard Conditions of Service.

Over dimensional container” means a container whose overall dimensions including any cargo extending from the container, exceeds an ISO standard gauge TEU or FEU respectively.

Receiving and Delivering” (also “R&D”) means the receiving and dispatching of inwards and outwards cargo in accordance with the Operator’s procedures generally.

SOB” means to shift and restow on board the same ship.

Specified Ship” means a ship exporting break bulk cargoes of meat, apples, squash, other fresh fruit or vegetables or any combination of those cargoes in combination with containers.

“Stevedoring” means to position and reposition cargo on board ship including supervision and labour.

Sub-contractor” includes direct and indirect sub-contractors and their respective servants, employees and agents.

Port” means the Port of Napier as defined in the Standard Conditions of Service.

TEU” means a 20’ length container.

“User” means any agent, owner or customer of the Operator as defined in the Standard Conditions of Service.

3.1. Ship arrival

Users shall give the Operator the following notices and information:

(a) Give notice of the ship’s ETA, cargo and port services required, on the completed Berthage and Cargo Advice form provided by the Operator not later than 1200 hours midday 5 days prior to ETA (including an ETD where practical).
(b) Give an update of ETA by 1200 hours on the day prior to the arrival of the ship at Napier Port.
(c) Give 2 hours notice to delay or postpone an arrival, or 3 hours notice from a new movement time to advance the arrival of a vessel.

3.2. Ship departure

Ship Departure Users shall give the Operator the following notices and information.

(a) Give a provisional ETD for the ship not later than 24 hours prior to departure.
(b) Give notice of the ship’s ETD by 1600 hours immediately preceding departure.
(c) Confirm the ETD not later than 2 hours prior to departure of the ship, or provide 3 hours notice from a new movement time to advance the departure of a vessel.
(d) If the ship does not depart at the confirmed ETD, the following information is to be conveyed to the Pilot:

  • (i) Reason for delay
  • (ii) New confirmed ETD
  • (iii) Factors still influencing ETD
  • (iv) Consequences of ship not departing as soon as it is ready, e.g. tide or berth availability in another port.

(e) If the ship does not depart at the confirmed ETD the Operator will attempt to facilitate the departure but accepts no liability for anyconsequential delays resulting from conflicting shipping movements or staff non-availability. The Operator’s staff are only obliged to wait for 30 minutes after the confirmed ETD. After that time a new time will be set for the departure to coincide with the next shipping movement at Napier Port or earlier if practicable.
(f) Within 24 hours of departure of Specified Ships the User or Agent of the User shall complete and forward a confirmation of the User’s Billing Advice for the ships cargo to the Operator.

3.3. Berth procedures

Berth allocation by the Operator shall be in terms of the Berth and Crane Procedures published by the Operator from time to time. However the allocation of priority shall be always at the sole discretion of the Operator.

4.1. Cargo notification

Users shall give the Operator the following notices and information:

(a) Give notice of heavy lifts, over dimensional cargo or abnormal cargo, 5 days prior to ship ETA or receipt at the port for loading.
(b) Give notice of dangerous, hazardous or obnoxious cargo not later than 48 hours prior to ship ETA or receipt at the port for loading.
(c) Supply details of cargo exchange on the Berthage & Cargo Advice form supplied by the Operator no later than 5 days prior to ship ETA and also by 1200 hours on the day prior to ship arrival.

4.2. Plant and labour

(a) Users shall give notice to the Operator of cargo handling plant and labour required by 1400 hours on the day prior to the plant and labour being required, with written confirmation by 1600 hours on that same day. The Operator cannot guarantee availability of resources or accept liability if this procedure is not followed.
(b) Plant and labour can be ordered for a start on the hour or half hour throughout the day with a minimum order period of 4 hours.
(c) Indicative daily finishing times must be stated. If work continues more than two hours past the indicative finishing time, the availability of plant and labour cannot be guaranteed.
(d) In the event of a cancellation or variation to the notice for plant and/or labour for whatever reason, the Operator may charge the User for the hours ordered and not worked at the tariff rate per hour or part thereof rounded to the nearest half-hour.

4.3. Receiving and delivery

Receiving and delivery of cargo to and from the Port will be undertaken by the Operator in accordance with the publicised hours available upon application to the Operator. Cargo will only be received or delivered outside these hours by special arrangement with the Operator and at the cost of the User.

4.4. Documentation

(a) The User shall provide to the Operator import manifests not later than 24 hours prior to cargo discharge and export manifests within 10 calendar days of the ship departure.
(b) The User shall ensure correctly completed Carters Notes, Consignment Notes, Rail Notes, or similar are available to the Operator as required, to establish cargo ownership, authorisation to transport, consignment information and cargo details.
(c) The User shall within 24 hours of departure of a specified vessel complete and forward a Confirmation for Billing Advice to the Operator.
(d) The User will provide a completed IMO Dangerous Goods Declaration (or equivalent) to the Operator for all dangerous or hazardous cargo. For export cargo the form is to be provided prior to the ship’s arrival at Napier Port. For imported cargo the form is to be provided prior to or on entry of the cargo at Napier Port premises.

4.5. Condition of cargo

(a) All cargo presented to the Operator must be in a fit and proper condition to be handled or otherwise dealt with in the normal course of business by the equipment and operating procedures usually employed by the Operator.
(b) The Users will comply with all refrigerated cargo procedures set by owners of cargo and in terms of bulletins issued by the Operator from time to time as appropriate and in addition with all procedures and rules as are good port operating practice.

In addition to the Cargo Handling Procedures these additional procedures apply to the handling of containers unless modified by separate written agreement.

5.1. Import containers

The User shall give to the Operator all relevant details of import containers including weight, numbers, type, description and contents not later than 24 hours prior to ship ETA.

5.2. Export containers

The User shall ensure all export containers are received at the Port for shipment within the port gate operating hours and at least 12 hours prior to the vessel ETA. The only exception is if the following information is supplied to the Operator 12 hours prior to the commencement of the ship exchange and only if the container arrives at the Port prior to the ETA of the ship.

  • Container Number
  • Ship Name
  • Voyage Number
  • Commodity
  • Gross Weight
  • Temperature & Vent Settings (if refrigerated)
  • Seal Number
  • Customs Export Entry
  • Load Port
  • Final Destinations
  • Pack Point
  • Shipper’s Name
  • Booking Reference

The Operator cannot guarantee the loading of any container not complying with this procedure. The Operator will not be liable for late receival of containers or conflicting or incorrect information.

5.3. Container crane hire priority

The priority to be accorded container crane hire shall be in terms of the Berth and Crane Procedures published by the Operator from time to time. However the allocation of priority shall be always at the sole discretion of the Operator.

6.1.
Unless otherwise agreed in writing or varied in the Tariff, terms of payment for services shall be in cash in full seven days following the invoice to the User.

6.2.
Any payments which are overdue shall have interest payable at a rate of 4% above the monthly base overdraft rate charged by bankers to the Operator from the due date to the actual date of payment.

6.3.
In addition to the interest payable in terms of the foregoing clause the User shall pay all legal and other costs incurred by the Operator on recovering any payments unpaid and overdue.

6.4.
If the User has been granted credit pursuant to the Operator’s approved credit customer contract then payment for services rendered under this agreement shall be in accordance with the terms of credit established under that agreement. The Operator may at any time withdraw any credit facilities and require payments to be made prior to the provision of services.

6.5.
The User shall not have any right to refuse payment by reasons of any alleged set-off or counterclaim, and the Operator shall have a lien over all containers and cargo and all documents relating thereto for charges due in respect of such containers and/or cargo and over all property of the User for sums due from it to the Operator. Such containers, cargo and property may at the sole discretion of the Operator be sold in such manner as the Operator thinks fit to defray or assist in defraying such charges and sums due after the expiry of one month from the date of exercise of any such User but such sale shall be without prejudice to all other rights or remedies which may then or at any time belong or be available to the Operator.

7.1. ACCESS

(a) The Port is not a public area and only those on Port business will be admitted. All Users are required to be aware and comply with the Port access procedures and general access requirements contained in the Operator’s Booklet “Safety Requirements Within the Port of Napier” and any updated replacement or additional booklets. These are available from either Port Security at the Main Entrance to the Port or the Port Safety Officer. A signed Acknowledgement of Receipt of the booklets and Agreement to Comply form is to be provided to the Operator prior to commencement of work within the Napier Port premises.

(b) Visitors to ships will only be admitted to the Port if they produce a pass or similar document signed by the User or authorised representative.

(c) The User is to ensure that all ships crew, passengers, visitors, provedores and contractors are conversant with the Operators Port Access procedures. In particular all passengers on cargo ships are to be fully briefed as to those procedures before boarding or departing the ship.

7.2. SAFETY

(a) The Operator is required to comply with statutory requirements. All Users must recognise that the Operator has the following safety policy-

“The Port of Napier must be a safe and healthy place for people who work here and those who visit. Managing safety and health is an integral and important part of how we operate. We will consult with our employees, and expect their active participation in safety and health matters. It is our policy to take all practicable steps to ensure the safety of all personnel in all areas of activity. We are committed to continuously improving our safety and health record and aim for “zero tolerance” to lost time accidents. The Port of Napier will be the Safest Port Environment in New Zealand.”

(b) The User will, in all work undertaken by the User within Port premises or affecting others in Port premises, comply with the Health and Safety at Work Act 2015 and associated regulations.

(c) The User will ensure that all staff and contractors employed by the User within the Port boundaries are adequately qualified and trained in their respective duties, with certification and training records to be made available on request.

(d) The User is to make available to the Operator on request a copy of the User’s Health and Safety Plan for work to be undertaken within the Port premises.

(e) The User will ensure that all its staff and contractors are fully inducted and briefed on and comply with the conditions contained in the Operator’s “Safety Requirements Within the Port of Napier” booklet.

(f) The Operator may at any time, notwithstanding any other contractual arrangements, licences or agreements, require the work activity of a User to cease if in the reasonably held opinion of the Operator it is necessary to do so for safety or health reasons. The right to terminate does not however relieve the User from its responsibility for health and safety, nor does it require the Operator to exercise its right to terminate.

If the Operator requires the work activity to cease, the Operator will not be liable for costs incurred by the User as a result of such termination, including costs associated with any necessary remedial work, loss of profits or reputation or any consequential or other loss.

8.1.

The Operator has an Environmental Management Plan (“EMP”) which details the management of its Port operations in relation to environmental issues.

8.2.

Users should obtain a copy of the EMP and comply with its management procedures whenever there is or there is likely to be a discharge to land, wharves, sea or air of any contaminants or where their operations are likely to cause excessive or prolonged and unusual noise.

8.3.

Where a User has any doubt as to its obligations under the EMP it should obtain permission for its activities from the Operator.

8.4.

The Operator may require the work activity of a User to cease if in the opinion of the Operator there is likely to be or has been a breach of the management requirements of the EMP and the Operator will not be liable for costs incurred by the User as a result of such termination including costs associated with any necessary remedial work, loss of profits or reputation or any consequential or other loss.

9.1.

The Operator is a designated port of entry in terms of the Biosecurity Act 1993 and has statutory obligations in terms of quarantine, customs, hazardous substances and organisms, and border security including antiterrorism requirements.

9.2.

Where the Operator is required to implement border security restrictions to comply with national or international requirements or comply with its statutory obligations and the cost of such compliance was unavailable to the Operator at the time of setting any agreed tariff with the User, the additional costs of compliance may be levied against that User.

10.1.

Under the Port Regulations and under the Standard Conditions of Service Notices shall be given by ordinary mail or email messaging;

(i) to the Operator at Napier

(ii) to the User at any of the User’s last known place of business whether in New Zealand or elsewhere or at the address of the User’s last known agent in New Zealand; and shall be deemed to have been received four days after dispatch by mail or on the day of dispatch by email.

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