Tariff No. 9
Rules, Regulations and Schedule of Rates For Various Services Applicable At
Theodore Industrial Port in Theodore, Alabama
Effective: January 1, 2013
Item 1: Consent to Terms of Tariff
The use of the facilities and services described herein shall constitute a consent to the terms and conditions of this Tariff and shall evidence an agreement on the part of all users of such facilities and services to pay all charges specified herein and to be governed by all the rules and regulations printed in this Tariff as interpreted by Theodore Industrial Port (TIP).
Item 2: Definitions
Barge – Dry or liquid cargoes, non self-propelled. Vessels which are in the sole opinion of TIP suitable for loading/unloading by TIP equipment and personnel.
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.
Freetime – The specified period during which cargo may occupy space assigned to it on terminal property free of terminal storage charges immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel.
Net ton – 2000 pounds.
Terminal – Theodore Industrial Port, Theodore, Alabama.
User – The general public, owner of the cargo, shipper, exporter, carrier, trucker, boat barge and/or vessel, and any master, owner, manager, operator, agent or duly authorized representative.
Vessel – Any watercraft used for the floating transportation of marine cargo, whether self-propelled or non self-propelled and any master, agent owner, disponent owner, time-charter owner, or other 3 person purporting to act on behalf of such waterborne instrumentality.
Wharfage – The charge assessed against the cargo on all cargoes passing or conveyed over, onto, or under wharves or between vessels when moored at facilities provided or when moored in slip adjacent to wharf. Wharfage is solely the charge for use of the wharf and does not include charges for any other service.
Item 3: General Rules
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
(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).
Item 4: Operation of Terminal
1. Regular straight time hours shall be 8:00 AM to 12:00 NOON and 1:00 PM to 5:00 PM, Monday through Friday, except on official holidays as defined in Section 2 of this item.
2. Official holidays are: Easter, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day, Christmas Day, New Year’s Eve (from 1200 to 2359), New Year’s Day and any other day that shall be ordered or proclaimed as a holiday by the government of the United States. TIP reserves the right, at its discretion, upon not less than seven days notice, to declare other special holidays in addition to those listed above.
Item 5: Cargo Weights
1. The weight of all cargoes shipped through TIP shall be determined by shippers, exporters, vessel or barge owners or operators or truckers at their expense and by weight determination methods that are acceptable to TIP.
2. All charges assessed by the terminal shall be based upon vessel draft survey unless otherwise provided for in this Tariff or by contract with shippers.
Item 6: Free Time Allowed on Import/Export Cargo
1. Fifteen (15) calendar days including Saturdays, Sundays and holidays will be allowed on import cargoes and twenty (20) calendar days including Saturdays, Sundays and Holidays will be allowed on export cargoes. After expiration of free time, the cargo will be subject to storage charges as provided in this tariff. If terminal storage space is not available the cargo may be transferred to a third party site, at the owner’s expense, and will be subject to lien for all accrued tariff charges.
Item 7: Application and Allocation of Berth to Vessels
1. All vessels, their owners, managers, agents, masters, operators, or charterers, desiring a berth at TIP shall file application for a berth (Berth Application) at the terminal office between 9:00 AM and 4:00 PM Monday through Friday and from 9:00 AM to 12:00 noon on Saturdays, except on official holidays as defined in this Tariff. The Berthing Application shall be made in writing on forms supplied by TIP. The Berthing Application shall be dated and timed by TIP when delivered to the respective office. Notwithstanding such Berthing Application form, each master, owner, manager, operator, or other duly authorized representative of the vessel agrees that in consideration of the berthing of such vessel, there will be delivered to TIP written and signed evidence of the receipt on board of the cargo according to TIP’s description and tally. Berthing shall also evidence agreement by the user and vessel to pay, in full, as per the terms of this Tariff and invoice for all services rendered to the vessel and agreement to be governed by all rates, rules and regulations contained in this Tariff as interpreted by TIP. All such charges shall constitute a lien against the vessel until paid.
Item 8: Working Schedule
TIP, in its sole discretion, will require a vessel to load during all hours when labor can be available and to work continuously until loading is completed, or for any part of such hours as TIP may determine to be necessary. This rule may be applied whenever more vessels are in port than can be berthed at the terminal; and/or in order to expedite the movement of vessels; to insure the fullest possible use of the terminal; and/or to eliminate any threat of actual or possible congestion of vessels or barges. Any vessel unwilling to work as directed in accordance with this rule shall vacate the berth without delay. The vacating vessel shall only be permitted to berth again at the terminal after giving written agreement to load continuously until completed whether in regular hours or in overtime hours.
If for any reason a vessel can not maintain a continuous cargo handling operation performance as required by TIP due to the vessel being engaged in pumping ballast, bunkering, repair work, or any other problem directly related to the vessel, then a penalty will be charged against the vessel, its owners, master and agent at the rate of $1000.00 per hour for each hour or fraction thereof that loading is delayed.
Item 9: Refusal or Failure to Vacate Berth
TIP may order any vessel to vacate the loading berth for any reason at any time. Should any vessel refuse or fail to vacate the berth when ordered to do so by TIP, a charge of $1000.00 per hour for each hour after vacating notice has been given to vessel’s owner, operator, agent, master or TIP, will be assessed to the vessel occupying the berth. This charge shall be assessed as liquidated damages and the parties agree that this accurately represents a minimum estimate of damages to TIP because of the failure of the vessel to vacate. This charge shall not impair the right of TIP to compel the removal of the vessel from the berth, nor shall it constitute a waiver on the part of TIP to claim greater actual damages that may be sustained as a result of the vessel’s failure to vacate.
TIP shall have the right, authority, and privilege to remove the vessel by any lawful means at the vessel’s own risk and expense and shall not be liable for any damage, delay, or other expense including legal costs arising from the act of removal of the vessel by whomsoever incurred.
Item 10: Berthing Prior to Certification
1. At the sole discretion of TIP, a vessel may be allowed to berth at the terminal prior to its having received all of the certificates specified in Item 6 of this Tariff. If subsequently, the vessel fails to deliver such certification, it must vacate the berth immediately on order of TIP. Nothing contained in this rule shall be deemed a waiver of any of the provisions of Item 8 hereof.
2. Any vessel which has been allowed to berth at the TIP having previously received all of the certificates enumerated in Item 7 of this Tariff and which subsequently is found by the surveyor to be unsuitable to load or unload cargo must, if ordered by TIP, immediately vacate the terminal berth. Nothing contained in this paragraph shall be deemed a waiver of any of the provisions of Item 9 of this Tariff.
Item 11: Weather Conditions
If, in the terminal’s judgment, weather conditions so warrant, any vessel in berth may be ordered at any time of the day or night to vacate the berth until such time as weather conditions permit the vessel to return to the berth. Appropriate officers and crew shall be maintained on board the vessel at all times for this purpose. If any vessel should fail or refuse to vacate the berth, it will be liable for the damages described in Item 9.
Item 12: Tube Blowout
The vessel shall not blow out their tubes in the vicinity of the terminal dock. A fine in accordance with the provisions of local ordinances shall be levied against any vessel, owner, or agent violating this rule. In addition to the above fine, the vessel, its owner, master and agent jointly and severally agree to defend, indemnify, and reimburse TIP for and against any claim, suit, or loss the terminal may suffer as the result of such violation.
Item 13: Ballast
If a vessel berthed at the terminal finds it necessary to discharge or shift ballast or to take on fresh water, such action must be planned sufficiently in advance so that loading, unloading, completion, or departure will not be delayed. Damages for any delays resulting from failure to preplan as described above or to pre-advise the terminal management accordingly will be charged against the vessel, its owners, master and agent at the rate of $1000.00 per hour for each hour or fraction thereof that loading, unloading, completion or departure is delayed thereby.
Item 14: Bunkers
No vessel will be allowed to take on bunkers while in berth without the express approval of the terminal management who will only permit same providing such bunkering will not effect the cargo handling operation or draft survey procedure.
Item 15: Hot Work
Without the expressed written approval of the terminal management, there will be no work or repair of any nature on a vessel in berth when such work or repair may involve burning, welding or any work or repair when there may be the possibility of sparks.
Item 16: Gangway Regulations
Regulations as promulgated by the U.S. Department of Labor Bureau of Labor standards require that gangways meet certain standards. It is necessary that vessels must comply in all respects with these regulations while in berth.
Item 17: Dockage Charges
Dockage charges shall be applicable to all vessels that berth at the Terminal and shall apply during the time that the vessel is docked at the wharf regardless of whether or not the vessel is working. The dockage rates are listed in Item 19.
Item 18: Completion of Loading/Unloading
Upon completion, a vessel shall not occupy the berth at the terminal longer than is necessary to close the hatches. Vessels requiring to set booms and derricks before making ready for sea may request written permission from TIP to do this work at the terminal berth, but it shall be at the sole discretion of TIP whether such permission is granted or not. Any vessel not granted such permission must vacate the berth immediately as required by TIP. Failure to comply with this requirement shall automatically cause the vessel or its agent to be responsible for a dead berth charge of $1000.00 per hour or fraction thereof from the time that permission was refused. This charge shall not impair the right of TIP to compel removal of the vessel from the berth, nor shall it constitute a waiver on the part of TIP to claim any greater damages that may be sustained as a result of the vessel’s failure to vacate. TIP shall have the right, authority, and privilege to remove the vessel by any lawful means at the vessel’s own expense and risk and shall not be liable for any damage, delay, or other expense including legal costs, by whomsoever incurred, arising from the act of removal of the vessel.
Item 19: Schedule of Fees and Rates
1.Terminal Storage Charges – Cargo removed from shipside areas and placed in designated storage areas will be subject to terminal storage charges in addition to any other charges for services performed. All periods of storage are based on calendar days including Saturdays, Sundays and holidays and cargo incurring a fractional part of any storage period will be charged for the full period. All break bulk cargoes will be charged 76 cents per net ton for the first 15-day period and each successive 15-day period thereafter. All bulk cargoes will be charged 37 cents per net ton for the first 15-day period and each successive 15-day period thereafter.
2.Terminal Use Charge – Applicable when TIP or its operator does not perform loading and/or unloading. This section is intended for incidental use only as TIP is a private terminal.
|All break bulk cargo or material moving between ocean going vessels and trucks, wharves or piers|
|All break bulk cargo or material handled in direct movement between ocean going vessels and river barges|
3. Dockage Rates for Vessels
Length Overall of Vessel in Feet (Meters)
|Over||Not Over||Rate per foot per 24-hour day|
Bulk Cargo – Dockage at Theodore Industrial Port facilities will be assessed at $.3225 cents per GRT per 24 hour day.
Barges – All barges, 35′ X 200′ or smaller, to be loaded or unloaded at the Theodore Industrial Port will be assessed dockage at a rate of ninety-two dollars and fifty cents ($92.50) per barge per day. All other barge vessels will be assessed dockage at the above tariff rates.
All barges exceeding 200 feet LOA will be assessed at the dockage rates of $167.50 per barge, per day.
4. Wharfage Rates: (Expressed in cents per ton of 2,000#)
|Iron and Steel Articles, Viz:Angles, bars, beams, billets, channels,Coils, flanges, flats, piling, plates, rails, rebars, rounds, slabs, tin plate.||Quote|
|Aluminum: Bar, Block, Ingot, Pig or Slab||Quote|
|Lumber, Veneer, or Forest Products||Quote|
|Breakbulk cargo not otherwise shown||Quote|
5. Fresh Water – Fresh water supplied to vessels by TIP where the service is available will be invoiced at $8.00 per 1,000 gallons. A hookup fee will be invoiced at $60.00. A minimum charge of $75.00 is applicable.
6. Line Handling Services – This service will be provided by TIP. Cancellations will be assessed one-half of the applicable rate.
|Length of Vessel In Feet||Docking||Undocking|
|400 and above||$900.00||$500.00|
7. Facility Cleanup Charge – a Facility Cleanup Charge will be assessed to all vessels, ocean barges and lash barges loading and/or discharging cargo for the removal of trash and debris associated with the use of Theodore Industrial Port’s facilities. The Facility Cleanup Charge will be assessed to the vessel and/or the agent of record submitting the berth application.
|Net Tons of Cargo loaded and/or discharged||Rate|
- Cleanup of oil or hydraulic fluid leakage from cargo handling equipment is to be performed immediately by the party handling the cargo. If it is necessary for TIP to clean it will be billed at cost plus 15%.
- Charges for cleanup of dunnage or debris associated with cargo handling or operations requiring special or abnormal cleaning requirements shall be billed at cost plus 15 percent.
- Dumping of household garbage or galley “slops” is prohibited.
- Vessels at berth to load and/or discharge only containers (loaded or empty) will be assessed $120 per vessel. Vessels which load/discharge breakbulk cargo in addition to containers will be assessed $120 for container tonnage plus balance of breakbulk cargo tonnage at above published rates.
- Vessels at berth to load/discharge cargo direct from/to barges only (including bulk liquids) and do not use wharf or leave trash alongside – no charge.
- Lash barges will be assessed $155 per barge.
8. Dispatch Agency Fee – Theodore Industrial Port requires contract and priority berthing customers to nominate the Port’s preferred agent in all charter parties. Failure by customer to properly execute the charter party agreement(s) with the Port’s preferred agent will subject the customer to a dispatch agency fee of no less than ten cents ($0.10) per metric ton of cargo loaded/discharged.
Item 20: Security Surcharge
A security surcharge, as described in this tariff item, shall be assessed against and collected from all vessels, barges, and cargo interests utilizing services or facilities at TIP.
The security surcharge is assessed to recover costs incurred for security assessments, security plans, equipment purchase, installation and maintenance and staffing required to implement and maintain surveillance and access controls mandated by the Maritime Transportation Security Act of 2002 and U.S. Coast Guard Regulation 33 CFR 105. The security surcharge will be assessed in addition to all other fees which may be due under this tariff as follows:
Vessels and Barges – Due to increased security necessary to be compliant with United States Department of Homeland Security requirements, foreign-flag vessels shall be charged a maximum of $650 per day.
Cargo – (to be billed to the party paying wharfage):
|Break-bulk||$ .13 per net ton|
|Bulk||$ .0275 per net ton|
|Liquid bulk||$ .0275 per net ton|
|Containers||$2.43 per loaded box|
Users of TIP services or facilities, who withhold, refuse or otherwise fail to pay properly assessed security surcharges, shall be subject to all reasonable collection cost. Additionally, at the sole discretion of TIP, such users may be denied service or required to deposit estimated port charges in advance of using facilities or receiving services.
Item 21: Invoices; Responsible Parties
Unless otherwise agreed in writing signed by TIP, invoices for the following charges and fees owed TIP or others hereunder shall be invoiced to the following parties and the following parties shall be responsible for the payment thereof:
(a) Dockage; Failure to Vacate Berth; Unloading Delays Caused by Vessel; Fresh Water; Line Handling; Damages to Port by Vessel; Security Surcharge
(b) Wharfage; Terminal Storage Fees; Security Surcharge
(a) Vessel’s agent of record with TIP; invoiced at Agent’s address or by hand delivery at Port
(b) Charges for wharfage are due and collectible from the owner of the cargo; invoiced at owners address or by hand delivery at port.
(a) The vessel and its owner shall be liable for said fees/charges; provided that if not paid within 30 days after invoice date, Agent of record shall also be jointly and severally liable for all fees/charges.
(b) The owner of the cargo shall be liable for all said fees/charges; provided that if not paid within 30 days after invoice date, TIP may in its discretion seek recovery from freight forwarders, custom house brokers, steamship agents, stevedore companies, or any other party who by act or appearance gives evidence to TIP of representing the owner. Ultimate payment of charges must be guaranteed by the vessel.