Item 3
1. Charges incurred for services rendered according to this Tariff are due and payable at the time the service is performed or upon presentation of invoice unless otherwise provided for in contracts. TIP may require any user or vessel to deposit funds as an advance or prepayment of charges and deny the use of the berth, and/or its facilities until such advance or pre-payment has been received. If user or vessel fails to make a prior deposit required by TIP, TIP reserves the right to preclude commencement of loading and to order the vessel to vacate the berth with all expenses thereof for the user’s or vessel’s account.
All charges in excess of the deposit referred to above, incurred for services in accordance with this Tariff, are due and payable by user or vessel upon the completion of loading of the vessel. TIP shall make prompt refund in those cases where the deposit exceeds charges for services actually rendered. All cargoes are subject to TIP’s lien for any and all unpaid charges and expenses, but TIP’s rights to collect unpaid charges and expenses shall not be limited to this remedy.
2. The terminal does not assume responsibility for demurrage, for damages, for delay or loss of dispatch time incurred by any vessel or charterer thereof, and/or for any act and the consequences thereof other than those acts that result from the gross negligence unless specifically agreed upon in contracts.
3. The terminal shall not be responsible for marine loss or for damage to cargoes or to barges or other vessels while they are moored alongside or using the terminal facilities, unless such loss or damage shall be the result of negligence by TIP and/or its employees. Normal wear and tear expected.
4. Vessels and user of the terminal facilities shall be held responsible for all damage occasioned by them to the terminal, its dock, equipment, and/or accessories whether owned by TIP or other parties.
Any such damage shall be repaired or replaced at the discretion of TIP. In addition to being liable for any other damages, user and vessel shall be liable for the cost of repair or replacement plus 20 percent and the cost of any temporary rental of any equipment and/or accessory needed for the operation of the terminal as a result of damage caused by user or vessel.
5. Vessels moored alongside the terminal for loading must provide appropriate officers and crew to permit reception of the cargo at all times by day and by night, and to vacate the berth as required by TIP under the terms and condition of this Tariff. In addition, the owners/master/agents will ensure that all vessels will be loaded/unloaded so that they remain in safe, seaworthy trim throughout the operation to permit shifting out of the berth should it become necessary.
6. The rules, regulations, conditions, and rates published in this Tariff shall apply to all traffic without specific notice, quotation, or arrangement with the user of vessel. The rates for all services are subject to change without prior notice, except as otherwise provided by law. The current and effective Tariff shall be posted at the office of the Terminal Manager and at 2640 Claudia Lane, Theodore, Alabama 36582.
7. All orders, agreements, or arrangements for services covered by this Tariff shall be in writing signed by the user of vessel and shall be filed with and accepted by TIP before they become effective.
8. TIP is a private terminal and as such reserves the right to limit access onto its premises of all persons, vendors, suppliers, repair workers, surveyors, ship chandlers, etc. Each person and each firm desiring access through the terminal to provide services to vessels berthed at TIP shall sign a general waiver of release holding TIP harmless for any consequences that may arise by reason of TIP allowing admittance into the terminal area. TIP shall maintain its right to remove any person or persons from its terminal that are in violation to any of TIP’s rules, regulations and policies.
9. Any person or persons causing litter or trash to the terminal shall be banned from future access to the terminal. Cleanup costs will be the responsibility of the violator.
10. All invoices issued by TIP are due and payable upon receipt. Any invoice that remains unpaid 30 days after the date of issue shall be subject to a finance charge of 1.5% per month or any part thereof. For each 30 day period or fraction thereof that the account remains unpaid after the initial 30 day grace period, the finance charge will be applied.
11. No person shall smoke or have in their possession any fire or lighted material in or around TIP dock, wharves, transit shed, or any other structure or cargo.
12. All users of TIP including but not limited to steamship agents, steamship lines, shippers, barge lines, importers, exporters, and/or their agents or assignees, shall within 24 hours after arrival of vessel at berth, furnish TIP with such information, data, documents as to assure the correct assessment of charges and furnish necessary statistical records.
Shipments must be accompanied by a “Manifest” showing:
(1) Service order numbers
(2) Weight
(3) Shippers order number
(4) Number of units shipped
(5) Shipper and date of each delivery
13. Insurance requirements and indemnity. Indemnity - Each person using TIP and each person performing any service on the property of TIP shall indemnify, save and hold harmless TIP, including its officers, employees, agents, successors, and assigns, from and against any and all claims, suits, actions, damages, liabilities, penalties, judgments, cost and expenses, including without limitation reasonable attorney’s fees and litigation cost and expenses, incurred or asserted in connection with any loss of life, personal injury damage to any vessel, cargo or property (including the property of any such person using a facility or performing a service on the property of TIP), or violation of any federal, state, or local law, rule, or regulation, which is caused in whole or in part by such person using TIP or performing a service, or such person’s employees (including loaned employees), agents, contractors or invitees, except that such person shall not be responsible for any damage, loss or injury occasioned by reason of TIP’s own negligence or willful misconduct.
Waiver of subrogation - Each person using TIP and each person performing any service on TIP property waives any and all claims it may have against TIP for injury, loss or damage covered under any insurance policy and each such person shall cause its insurance carriers to waive any right of subrogation with respect thereto and to so notify TIP.
Legal Expense - In case suit shall be brought by TIP to collect any monies due, enforce any provision, or remedy any default, under this tariff against a person or persons using the terminal and the terminal prevail, such person shall pay all expenses incurred by TIP in connection with such suit, including reasonable attorneys’ fees.
Limits of Liability - No provision contained in this tariff shall limit or relieve TIP from liability for its own negligence nor require any person, vessel, or lessee to indemnify or hold harmless TIP from liability for its own negligence.
Each user of TIP agrees to obtain and maintain at his own cost and expense insurance as required under the following paragraphs.
Required coverage and Minimum Limits
Commercial General Liability - $2,000,000, combined single limit, for any one occurrence for bodily injury, including death, and property damage liability, Blanket Contractual Liability must be included.
Business Automobile Liability - $1,000,000 each accident, for bodily injury, including death, and property damage liability. Coverage must extend to “any auto”.
Workers Compensation and Employers Liability - Statutory. (To provide coverage under the Alabama Workers Compensation Act in an amount not less than that required by Alabama law.)
Pollution Liability - $2,000,000, combined single limit, for any one occurrence, for on-site and off-site bodily injury and property damage, cleanup cost and the unloading and loading of product.
Coverage as required by Federal statutes, as applicable – including but not limited to U. S. Longshoremen and Harbor Workers Act (USL&H), Jones Act, Railroad Federal Employers’ Liability Act (FELA).