Classification Public - PDF document

1 Page 1 of 27 Classification: Pub
Page 1 of 27 Classification: Public JSC "Poti Sea P ort Corporation" "Poti Sea P ort Tariffs" - Page 2 of 27 Classification: Public TARIFFS GUIDANCE Page General Terms and Conditions 3 1. General 3 2. Port Dues and Charges 8 3. Cargo Handling rates 9 4. Miscellaneous Tariffs 10 5. Equipment Hire Tariffs 10 6. Floating Dock Service Tariffs 11 7. Other General Provisions 12 ANNEX_1 Port Dues and Charge s 15 ANNEX_2 Cargo Handling Tariffs 1 5 ANNEX_3 Equipment Hire Tariffs 1 9 ANNEX_4 Floating Docks Service Tariffs 20 ANNEX_5 P oti Sea P ort Water Area 2 0 ANNEX_6 UK standard conditions for towage and other services 23 Page 3 of 27 Classification: Public GENERAL TERMS AND CONDITIONS FOR PORT DUES AND CHARGES, CARGO HANDLING RATES , EQUIPMENT HIRE TARIFFS , FLOATING DOCKS SERVICE TARIFFS AND OTHER CONTRACTUAL TERMS AND CONDITIONS . 1. GENERAL PART 1.1. DEFINITIONS OF TERMS 2. The terms used in this document are defined as follows: 3. 1.1.1 JSC Poti Sea port Corporation (APM Terminals Poti) (hereinafter referred to as "Port" or "APM Terminals Poti") - a joint stock company registered and existing in accordance with the legislation of Georgia, with identification code: 215080999, legal address: Georgia , st. Poti, Davit Aghmashenebeli str. №38, which operates in accordance with the legislation of Georgia, the "Port Rules" approved by the order of the Director of the LEPL Maritime Transport Agency of the Ministry of Economy and Sustainable Development of Georgia, relevant international acts / principles and internal regulations / procedures / policies in force in the company; 1.1.2 "Port Rules" - the rules approved by the order of the Director of the LEPL Maritime Transport Agency of the Ministry of Economy and Sustainable Development of

2 Georgia (On the day of entry into force
Georgia (On the day of entry into force of this document, the "Port Rules" are in force, approved by the №019 order of the Director of the LEPL Maritime Transport Agency of August 31, 2012); 1.1.3 "Poti Sea port" and "Poti Sea port Wat er area" - are defined as given in the "Port Rules"; 1.1.4 Unfavourable weather conditions - the relevant weather conditions specified in the "Port Rules", during which the port is obliged to suspend individual or all port operations or to close; “ 1.1.5 Ship Agent - a party (Agency Company) that acts in the name of a shipowner or freighter and according to their assignment and pays for all performed services ; 1.1.6 Berth , Wharf - Structure built alongside the water or perpendicular to the shore, a specially arranged parking lot , where vessels berth for loading or discharging of Cargo a nd other purposes; 1.1.7 Berth D ues - Charges for the use of a berth ; 1.1.8 Big Bag – Bag with Capacity more than 900 kg ; 1.1.9 Bilge W ater - a mixture of liquids that are collected in the bilge of a vessel . It could be a mixture of fresh water, sea water, oil, chemicals and various other fluids that drain into the Bilge ; 1.1.10 Breakbulk - Packaged but non - containerized cargo. W hereas cargo shipped as a unit (bags, bales, barrels, boxes, cartons, drums, pallets, sacks, vehicle s, etc.) ; 1.1.11 Bulk V essel - All vessels designed to carry bulk cargo such as grain, fertilizers , ore , etc. ; 1.1.12 Captain – A person having the ultimate command over the vessel , who in his/her official capacity shall be considered to be a representative of the shipowner and of the C argo O wner in all transactions relating to the vessel , cargo or navigation, and in matters relating to the resolution of disputes over the property entrust ed to him/her ; 1.1.13 Car C arrier Vessel (RoRo Ferry) - A v essel intended and used for transport of cars, vans and/or trucks; 1.1.14 Cargo - all merchandise and packaging materials, containers, trailers and self - buoyant cargo bins, loaded and discharged, towed or pushed by a vessel, expressed in Tons, with the exception of r estow and hand baggage of passengers, insofar as transported with the passengers on the sa

3 me vessel , as well as ballast, fuel,
me vessel , as well as ballast, fuel, provisions and other necessities intended for use on the vessel ; 1.1.15 Ca rgo Owner – natural or legal person having the ownership rights over the Cargo; 1.1.16 Cargo S hip - A v essel primarily intended or used for the transportation of goods; Page 4 of 27 Classification: Public 1.1.17 Client - the natural person or legal entity making use of the Port with a vessel or purchasing other services from APM Terminals Poti including but not limited to; the C aptain, the Forwarder , the s hip o wner, the P arty u sing the vessel , the A gent , the C argo O wner and any party who as a representative of the aforementioned persons has performed activities in respect of APM Terminals Poti for use or purchase of services or other responsible parties ; 1.1.18 Container Vessel - A v essel intended and used exclusively for container transport by virtue of its construction and equipment; 1.1.19 Container S tripping: Removal of goods or cargo from container ; 1.1.20 Container Stuffing : Placements of goods or cargo into a container ; 1.1.21 Day – Calendar day; 1.1.22 Draft - Vertical distance between a vessel 's waterline and the lowest point of its keel ; 1.1.23 Dredging - Removal of sediment to deepen access channels, provide turning basins for vessel , and maintain adequate water depth along waterside facilities ; 1.1.24 Empty - Empty Container; 1.1.25 Full - Full Container Load ; 1.1.26 Force Majeure has the meaning given in clause 7.1 ; 1.1.27 Forwarder - natural or legal person which performs actions necessary for the transportation of Cargo by its/his/her name, at the request of a Client (Cargo Owner or its representative); 1.1.28 Good Operating Practices - the practices, methods and acts exercised in that degree of diligence, prudence and foresight reasonably and ordinarily exercised by skilled and experienced operators engaged in the same type of undertaking under the same or similar circumstances and conditions; 1.1.29 GT – Gross Tonnage means the measure of the overall size of a vessel determined in accordance with the provisions of the International Convention on Tonnage Measurement of Shi

4 ps, 1969 , with subsequent amendments a
ps, 1969 , with subsequent amendments and additions ; 1.1.30 The reduced gross tonnage - a gross tonnage figure reduced for segregated water ballast and entered under «Remarks» in the International Tonnage Certificate (1969); 1.1.31 Day Off - day off defined in accordance with the legislation of Georgia ; 1.1.32 IMDG - International Maritime Dangerous Goods ; 1.1.33 Liner Service - a vessel is sailing in Liner Service when all of the following conditions are met: 1) The vessel sails in accordance with the timetable submitted by the Client to Pot i Port. This timetable must be announced 28 days before arrival, and the vessel must call in at least one port abroad in addition to APM Terminals Poti . The timetable will show the last port called at and the next port to be called at after calling at the Port Area. 2) The vessel loads and /or discharges the Cargo. 1.1.34 LOA - The overall length from the fore side of the foremost part of the hull to the aft side of the aftermost part of the hull ; 1.1.35 Design Draft - the greatest depth of the keel, including projections, that a vessel is designed to operate when fully laden ; 1.1.36 Military Cargo - Military Cargo includes all land/sea/air combat , transportation , passenger , or support vehicles which are designed for, or are used by military forces. A military vehicle has a military look, colour or specially mounted equipment. The definition applies regardless of weapons presence or offensive nature ; 1.1.37 Mobile C rane - General purpose crane capable of moving on its own wheels from one part of a port to another ; 1.1.38 Mobile Harbour Crane – A mobile crane generally situated at the waterfront used for lifting cargo from a vessel to a point of rest on land or vice versa ; 1.1.39 Moor - To attach a vessel to the shore by ropes ; 1.1.40 MT - Metric Ton (a mass of 1,000 kg); 1.1.41 Naval Ship - a military ship used by a navy; Page 5 of 27 Classification: Public 1.1.42 Out Of Gauge (O.O.G.) cargo - cargo exceeding the internal dimensions of a container by length, width or height; 1.1.43 Overtime - weekdays from 6 p.m. till 9 a .m., on Fri day 6 p.m. till Monday 9 a.m. and Day Off ; 1.1.

5 44 Pallet - A flat tray, generally
44 Pallet - A flat tray, generally made of wood, but occasionally steel or other materials, on which goods or cargo can be stacked; 1.1.45 Port Charge - C harges levied upon vessels calling Port based o n services rendered by APM Terminals Poti ; 1.1.46 Port Dues - A charge levied by the port to vessels entering the port till the time it leaves the port ; 1.1.47 Port of R egistry - Place where a vessel is registered with the authorities, thereby establishing its nationality ; 1.1.48 Ro/R o - A shortening of the term “roll - on roll - off.” Ro/ R o is a cargo handling method whereby vessels ar e loaded via one or more ramps that are lowered on the quay ; 1.1.49 S econd C all - A v essel returns to a berth after unmooring from the berth , without having left The Limits of the Poti Port ; 1.1.50 Shifting - the movement of a vessel from one berth to another ; 1.1.51 Spreader - A piece of equipment designed to lift containers by their corner castings ; 1.1.52 Stevedore - natural or legal person that employs longshoremen (or dockers, dock workers, or port workers) to load and unload vessels ; 1.1.53 Sewage - D rainage and other wastes from any form of toilets and urinals; 1.1.54 TEU - Twenty - foot equivalent unit. Container size standard of twenty feet ; 1.1.55 Ton - a u nit of weight equal to 1,000 kg. (see MT) ; 1.1.56 Towage - Charges for the services of tugs assisting vessels manoeuvre in ports ; 1.1.57 Tug – A v essel primarily intended or used for t owing or pushing other Vessels; 1.1.58 VAT - Value Added Tax; 1.1.59 Vessel Types - classifi cation of v essels in the following categories: Tanker , Bulk Vessel , General Cargo Ship , Container Vessel , Rail Ferry , RoRo Ferry and Other ; 1.1.60 Unmoor - to remove the ropes that attach a vessel to the shore. 1.2 APPLICABILITY 1.2.1 Unless otherwise agreed by the parties in writing, these General Terms and Conditions apply to the use of the facilities and services of APM Terminals Poti by the Client and to all agreements under which APM Terminals Poti renders services to the Client as well as to all offers and quotations of APM Terminals Poti .

6 1.2.2 Insofar as not agreed otherwise
1.2.2 Insofar as not agreed otherwise explicitly and in writing, the Client waives the applicability of any of its own general terms and conditions, and APM Terminals P oti explicitly rejects the applicability of the Client’s general terms and conditions. 1.2.3 Amendments to and/or deviations from the provisions of these General Terms and Conditions will only be binding on APM Terminals Poti insofar as explicitly accepted by AP M Terminals Poti in writing. 1.3 CONCLUSION OF AGREEMENT; JOINT AND SEVERAL LIABILITIES 1.3.1 This General Terms and Conditions becomes legally binding agreement between APM Terminals Poti and the Client when : (i) the Client confirms in writing its acceptance of this General Terms and Conditions and/or; ( i i) APM Terminals Poti has expressly accepted an order or an assignment from the Client in writing and/or (i i i) the Client provides a statement of information in accordance with Article 2.3.1 of th is General Terms and Conditions and/ or (i v ) as from the moment that the Client is actually utilizing the services provided by APM Terminals Poti and/ or (v) as from the moment the Client i s actually using the berthing facilities or other facilities in the Port Area with a v essel. Page 6 of 27 Classification: Public 1.3.2 The various persons designated as the Client in Article 1.1.17 are considered to be joint and several debtors in respect of the fulfilment of all the Client’s obligations towards APM Terminals Poti. 1.3.3 Handling of Cargo and providing of services not mentione d in these General Terms and Conditions are subject to further agreement between the P arties . 1.4 PERFORMANCE OF THE SERVICES Rights and Obligations of APM Terminals Poti 1.4.1 APM Terminals Poti is entitled to perform the services specified in th is General Terms and Conditions as it sees fit. 1.4.2 APM Terminals Poti will not accept, nor allow within the port premises, any commercial transactions or activities that fall under current UN / EU / IMO or Georgia National Sanctions . 1.4.3 APM Terminals Poti will end eavour to perform the services with Good Operating Practices. 1.4.4 If, in the opinion of APM Terminals Poti , circumstances so r

7 equire, then in the performance of serv
equire, then in the performance of services APM Terminals Poti is entitled to make use of items other than those agreed or engage third parties, provided that this does not compromise the quality of the performance as a whole. 1.4.5 The Client hereby accepts that circumstances as specified in Article 1.4.4 as well as unforeseen circumstances (including, but not limited to, a shortage of berths) may affect the agreed or expected time at which the services will be completed. Rights and obligations of the Client 1.4.6 The Client shall at all times provide APM Terminals Poti with all information necessary for the proper performance and billing of the services in a timely manner, and will grant all cooperation thereto , including but not limited to : 1.4.6.1 s ubmit in a written for m to the r elevant a uthorized s ervice of APM Terminals Poti the names, surnames, contract phones and other identification information of people who are responsible for 24 - hour contact and ensure uninterrupted connection with the APM Terminals Poti during th e working process; 1.4.6.2 Ensure compliance with the requirements set by the Port Rules, other relevant regulations and / or by APM Terminals Poti in order to avoid pollution of the port water area and territory ; 1.4.6.3 instruct all employees / representatives regarding necessary safety requirements, ensure their compliance with work safety requirements and rules applicable to the protected (regime) area of the Port; be responsible for safety of his/her employees / representatives when they are i n the Port Area ; 1.4.6.4 ensure that Client’s representatives comply with safety and procedural rules of APM Terminals Poti , and in case of their violation, fully comply with the requirements presented by the Port, without any further challenges ; 1.4.6.5 i n case of transportation of oversize and overweight Cargo in order to determine the necessary equipment and methods of the cargo handling, additionally to inform APM Terminals Poti regarding technological steps during cargo loading/unloading (if such requi rements exist), general view of the cargo, mass and size characteristics, transportation drawings, showing the centre of gravity and hooking points. If the cargo protection and safe

8 handling requires use of specific frame
handling requires use of specific frames, crossbeams, slings, cordage hook s, specific stations and keel - blocks and other means, and if the APM Terminals Poti does not have the necessary equipment, the Client shall ensure supply of such equipment. The supplied equipment shall conform with the safety requirements. Page 7 of 27 Classification: Public 1.4.6.6 B ring dangerous goods to the Port Area only after the written application to the General Director and the respective authorization of the APM Terminals Poti . 1.4.6.7 B ring loaded containers to the Port for the subsequent handling only with the high security seals. 1.4.6.8 I f the Customs Department of Revenue Service of Georgia or other state authority fines the APM Terminals Poti or imposes any other sanction in the following circumstances : i. during unloading and placing cargo at a customs warehouse, a container does not have the high secu rity seal, and the high security seal cannot be attached on the site, or ii. in case of discovering missing or damaged seals on the container during their transportation to the Container Terminal after the container leaves the Port Area, then the Client be obliged fully to compensat e the damage to the APM Terminals Poti . 1.4.6.9 I f the Cli ent is a Forwarder, the Client shall also: 1.4.6.9.1 inform relevant authorized service of APM Terminals Poti on a monthly basis, at least one week before the beginning of a month, regarding type and quantity of the expected cargo; 1.4.6.9.2 agree in advance with the respecti ve authorized service regarding intended transportation and maintenance of oversize, overweight, and dangerous cargo; 1.4.6.9.3 provide the APM Terminals Poti with the list of employees (their names, surnames and telephone numbers) having certificates for transporta tion of dangerous cargo and provide confirming documents; 1.4.6.9.4 be responsible for violation of rules at APM Terminals Poti by the representatives of Forwarder; 1.4.6.9.5 at least 12 hours in advance before the entry of the vessel provide APM Terminals Poti the schedule of the handling works, the whole package of the cargo accompanying documents, and other necessary cargo documents ; 1.4.6.9.6 timely and fully supply APM Termin

9 als Poti with the transportation means
als Poti with the transportation means necessary for the cargo indicated in an application; 1.4.6.9.7 if the radiation or any emission of the cargo exceeds the acceptable standard, Forwarder is obliged immediately after the request of the APM Terminals Poti to withdraw a transport mean loaded with such dangerous cargo from the Port Area; 1.4.6.9.8 ensure nomination of a vessel corresponding to the type of the cargo; 1.4.6.9.9 ensure uninterrupted processing of all cargo and transport documentation; 1.4.6.9.10 supply proper means of cargo transportation timely and in good order; 1.4.6.9.11 in case of handling of Rail and Ro Ro F erries, according to their nature, Forwarder is obliged to ensure timely completion of customs procedures for unloaded goods and means of transportation. The time up to 24 hours spent for these procedures will not be c onsidered as use of a warehouse ; 1.4.6.9.12 during handling of cargo, timely remove from the territory of the Port damaged cargo, remainder of the cargo, packaging of the cargo, etc. ; 1.4.7 The Client shall comply with all applicable international, national and loc al ( of APM Terminals Poti) laws, rules and regulations. 1.4.8 The Client is obliged to ensure compliance with all international, national and local (of APM Terminals Poti) laws, rules and regulations (including, but not limited to, health, safety and environmental protection) by its employees / agents / representatives; Page 8 of 27 Classification: Public 1.4.9 The Client agrees to comply fully with all applicable anti - corruption laws and regulations, including (but not limited to) those in the jurisdiction in which the Client is incorporated or resident, the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act. 1.4.10 In any case, if the Client violates the requirements of sub - paragraphs 1.4.6, 1.4.7, 1.4.8 or 1.4.9 or fails to fulfil its obligations under this document in a timely and proper manner, or has an overdue debt to APM Terminals Poti , APM Terminals Poti reserves the right to terminate or suspen d the delivery of the Service until the Client fulfils its obligations and / or in the presence of appropriate terms and conditions, do not consent to the Client taking the

10 goods out of APM Terminals Poti territo
goods out of APM Terminals Poti territory until the Client has fulfilled its obliga tion / repaid the debt in full. 1.5 CURRENCY OF TARIFF 1.5.1 Tariffs for APM Terminals Poti ’s services, using its facilities and/or Port Area are quoted in US Dollars and excluding VAT unless explicitly stated otherwise. VAT will be charged in addition, in accordance with the current legislation on Value Added Tax. 2 PORT DUES AND CHARGES 2.1 PAYMENT OF PORT DUES AND CHARGES 2.1.1 If the Client with a v essel uses APM Terminals Poti ’s services, its facilities and/or Port Area the C lient will incur P ort D ues and Charges , to be paid to APM Terminals Poti . 2.2 RATES OF PORT DUES AND CHARGES 2.2.1 The P ort D ues and C harges incurred by the Client are calculated in accordance with the Tariffs set out in ANNEX 1 to these General Terms and Conditions. 2.3 STATEMENT OF DATA AND PARTICULARS 2.3.1 After inward clearance , the Client must provide t o APM Terminals Poti all vessel ’s documents containing all the information relevan t for the determination of the P ort D ues and Charges . 2.4 INVOICING AND PAYMENT 2.4.1 APM Terminals Poti shall submit Invoice for Port Dues and Charges to the Client on the date of inward clearance . 2.4.2 T he Client must pay the P ort D ues and C harges to APM Terminals Poti after receiving the invoice and prior vessel departure from the port if NOT agreed otherwise in WRITING by transferring the charged amount to the bank account of APM Terminals Poti indicated i n the invoice. 2.4.3 Disputes between APM Terminals Poti and the Client do not entitle the Client to suspend payment . 2.5 CALCULATION OF THE PORT DUES 2.5.1 All Port D ues and C harges will be based on vessel s’ conditional GT ( Gross Tonnage ) 2.5.2 The Gross Tonnage of the towing barge systems, convoys of vessels and other combined objects will be measured as the aggregate GT of all the components. 2.5.3 Tonnage dues, C hannel D ues, S anitary and Watchman charges to be paid once per vessel call by inbound voyage Agent. 2.5.4 In case of shifting vessel from one Berth to another, charges will be raised as per sub - clauses 1.1. 10 (shifting) and 1.

11 1. 5 (mooring/unmooring) of Annex 1
1. 5 (mooring/unmooring) of Annex 1 of this document. 2.5.5 In case of vessel being moved to anchorage and back, charges will be raised as per sub - clauses 1.1. 7 (Berth Dues) and 1.1.5 (mooring/unmooring) of Annex 1 of this document. 2.6 SANITARY CHARGES Page 9 of 27 Classification: Public 2.6.1 Waste received on account of Sanitary Charge includes any kind of ship - generated waste, other than cargo residues, including: Bilge water, Garbage , Sewage; 2.6.2 The M aster or Agent of a vessel should forward the vessel ’ s waste notification report to the Port at least 24 hours in advance of arrival or upo n departure of the previous port if the voyage is less than 24 hours. 2.7 BERTH DUES 2.7.1 In the event that A dverse W eather C onditions force a Container v essel to cease cargo operations , the period attributable to the A dverse W eather C onditions shall not incur Berth Dues; 2.7.2 After the days of Adverse Weather Conditions vessels have free time for Occupying Berth as follows: 2.7.2.1 For first outbound vessel – 3.5 hrs. free from time of giving permission for Port operation by Harbo u r Master; 2.7.2.2 For each other vessels – 2 hrs. free from time of completion of C learance of previous vessels outwards . 2.7.3 Berth Dues are calculated after Pilot boarding on the Vessel. 2.8 TOWAGE 2.8.1 All T owing services operations shall be governed by the U.K. Standard Conditions for Towage and Other Services (revised 1986) (see Annex 6 ) . 2.9 PORT SERVICE COMPLEX (ALL IN) TARIFF 2.9.1 Fishing and Fish Carrier vessels calling the Port are charged by Port Service Complex (all in) Tariff; 2.9.2 Payment Period to be defined as period between dates of the vessel Port entry and departure registration; 2.9.3 Port Service Complex Tariff includes the Port Dues, Sanitary and Watchman Charges. 2.10 EXEMPTIONS 2.10.1 Port D ues are not charged for use of the Port by: 2.10.1.1 Vessels calling Port du e to A dverse W eather C ondition ; 2.10.1.2 V essels detained by Coast Guard of Georgia at New Port ; 2.10.2 Cha n nel D ues are not charged for use of the Port Chan n el by vessels with Design D raft less than 1.90

12 m. 2.11 DISCOUNT S 2.11.1
m. 2.11 DISCOUNT S 2.11.1 The following Discounts are granted to 2.11.1.1 Vessels lying alongside other vessels already moored to a wharf : Berth Dues – 50%; 2.12 SURCHARGES 2.12.1 Vessel Mooring/Unmooring and Tugboats Charges are subject to a 50 % surcharge for services rendered to the vessel on Day Off . 3 CARGO HANDLING RATES 3.1 PAYMENT OF CARGO HANDLING RATES 3.1.1 If a Client uses the Port Area or procures other services in relation thereto from APM Terminals Poti, the Client owes CARGO HANDLING RATES to APM Terminals Poti . Page 10 of 27 Classification: Public 3.2 CARGO HANDLING RATES 3.2.1 The CARGO HANDLING RATES incurred by the Client are calculated in accordance with the Rates set out in annex 2 attached to these General Terms and Conditions. 3.3 STATEMENT OF DATA AND PARTICULARS 3.3.1 The Client must provide to APM Terminals Poti all C argo documents containing all the information relevant for the determination of the Cargo Handling Charges. 3.4 INVOICING AND PAYMENT 3.4.1 The Client is required to pay the Cargo Handling Charges to APM Terminals Poti in advance before commencement C argo operation if NOT agreed otherwise in WRITING based on Preliminary Quotation submitted to Client by APM Terminals Poti . 3.4.2 After completion of services the Client shall make payment of the final invoices , as provided by APM Terminals Poti , prior to cargo departing APM Terminals Poti controlled area if NOT agreed otherwise in WRITING . 3.4.3 Disputes between APM Terminals Poti and the Client do not entitle the Client to suspend payment. 3.5 SURCHARGES 3.5.1 The Following Surcharges are in place for 3.5.1.1 cargo operations during Day Off (except on a Container/RoRo/Rail ferry vessel ) - 25 %; 3.5.1.2 non - direct lift ( E xcept : sub - clauses 2. 1. 3 and 2. 1. 4 of Annex 2 and Containers ) - 50%; 3.5.1.3 handling C argo specified in sub - clause 2.1.3 of Annex 2 by port means - 5 0%; 3.5.1.4 performing c argo operations by twin cranes (Except : cargoes 50 m3 and more , ship s crane operation ) - 100%; 3.5.1.5 any discharge or loading or storage of military related C arg

13 o - 100% ; 3.5.1.6 container hand
o - 100% ; 3.5.1.6 container handling with non - standard spreader - 50%; 3.5.1.7 For any other C argo types or handling operations not outlined in this tariff document, surcharges can be levied at the Port’s discretion. 3.5.1.8 Any c ontainer handled with standard spreader, i n or o ut of non - cellular bays or vessels, shall be charged double the applicable rate under sub - clause 2.1.7 of Annex 2 of this document . 3.6 EXEMPTIONS 3.6.1 Full Container Loaded with Cars are free of Storage Charge in CY up un til the moment of stripping unless there is a specific request not to strip by a Client who has an association with either container or contents ; The Client who makes such a request shall be invoiced for storage. 3.6.2 It is not allowed to remove the car from the CY area on the day of stripping (unless otherwise agreed) . 4 MISCELLANEOUS TARIFFS 4.1 Car Pass 4.1.1 The total number of car pass days within a month should not exceed 24 calendar days. 5 EQUIPMENT HIRE TARIFFS 5.1 General Page 11 of 27 Classification: Public 5.1.1 The EQUIPMENT HIRE TARIFFS incurred by the Client are calculated in accordance with the Rates set out in annex 3 to these General Terms and Conditions. 5.1.2 Port equipment Hire Tariffs includes port driver/operator; 5.1.3 Port equipment is only for use inside the Port Area unless otherwise agreed; 5.2 Time Calculation Rule 5.2.1 Calculation method considered as period between from parking location to parking location, meaning including movement to area of operations. 5.3 Statement of Facts 5.3.1 The Statement of Facts made by APM Terminals Poti responsible person signed by Client should be provided to APM Terminals Poti Customer Service for further invoicing; 5.4 Surcharges 5.4.1 Surcharge of 25 % to be applied to the tariff in case of usage Mechanization Equipment during overtime ; 5.5 Invoicing and Payment 5.5.1 The Client is required to pay the Equipment Hire Charges to APM Terminals Poti in advance before commencement of service based on Preliminary Quotation submitted to Client by APM Terminals Poti if NOT agreed otherwise in WRITING ; 5.5.2 After completion of Services t

14 he Client shall make payment of the fina
he Client shall make payment of the final invoices, as provided by APM Terminals Poti , if NOT agreed otherwise in WRITING; 5.5.3 Disputes between APM Terminals Poti and the Client do not entitle the Client to suspend payment. 6 FLOATING DOCKS SERVICE TARIFFS 6.1 Genera l 6.1.1 The FLOATING DOCKS SERVICE TARIFFS incurred by the Client are calculated in accordance with the Rates set out in annex 4 attached to the se General Terms and Conditions , Charges for Additional services should be agreed with Commercial Department : sales.apmterminalspoti@apmterminals.com 6.2 Docking Duration 6.2.1 Docking Duration commences upon completion of keel block construction until departure of vessel, inclu ding docking and undocking days (unless otherwise agreed) ; 6.3 Condition of Payment 6.3.1 Client is required to make prepayment according to the preliminary quotation provided by APM Terminals Poti before commencement of docking operation (unless otherwise agreed) ; 6.3.2 Client is required to make final payment as per statement of works prior the vessel departure from the Port if NOT agreed otherwise in WRITING (unless otherwise agreed) ; 6.3.3 Disputes between APM Terminals Poti and the Client do not entitle the Client to suspend payment. 6.4 Supervision of Work Page 12 of 27 Classification: Public 6.4.1 APM Terminals Poti is obliged to perform supervision of any kind of works carrying out on a F loating dock. 6.4.2 All work at the Dry Dock shall be undertaken in accordance with APM Terminals Poti Health and Safety regulations, and APM Terminals Poti reserves the right to suspend operations at any time in the event of any breach of these regulations. 6.5 Acceptance 6.5.1 On c ompletion of works and before commencement of undocking APM Terminals Poti and Client's representative shall draw up the Delivery Protocol. 6.6 Surcharges 6.6.1 The Following Surcharges are in place for overtime: 6.6.1.1 Keel block arrangement – 100% 6.6.1.2 Craneage – 100% 6.6.1.3 Usage of APM Terminals Poti labo u rer for Cutting/welding works – 100% 7 OTHER GENERAL PROVISIONS 7.1 FORCE MAJEURE 7.1.1 If APM Terminals Poti fa

15 ils in the fulfilment of any obligation
ils in the fulfilment of any obligation towards the Client, this failure cannot be imputed to APM Terminals Poti , and consequently APM Terminals Poti is not in default, if APM Terminals Poti ’s fulfilment of that obligation is impeded or rendered impossib le by foreseeable or unforeseeable circumstances beyond the control of APM Terminals Poti . Such circumstances include but are not limited to: war, terrorism, occupation, governmental measures of any nature, natural disasters, fire, explosion, Adverse Weath er Conditions , blockades, strikes, shortage of berthing facilities and any other circumstances not reasonably foreseeable by APM Terminals Poti and / or beyond the control of APM Terminals Poti . 7.1.2 In the event of F orce M ajeure, APM Terminals Poti is entitled to suspend fulfilment of its obligations until such time that the situation of force majeure no longer impedes fulfilment. In the event that the situation of F orce M ajeure lasts longer than one month, then APM Terminals Poti and the Client are each entitled to fully or partially dissolve the agreement without being obliged to pay any damages . 7.2 INDEMNIFICATION 7.2.1 The Client indemnifies APM Terminals Poti against claims on any basis whatsoever brought by third parties alleging to have suffered damages through the use of the Port Area or through the services provided by APM Terminals Poti to the Client. 7.3 SUSPENSION AND DISSOLUTION 7.3.1 If the Client remains in de fault of any obligation towards APM Terminals Poti , as well as in the event of bankruptcy, insolvency or cessation of the Client’s business activities / Liquidation , APM Terminals Poti is entitled to, without judicial intervention and / or without incurring any compensation to be paid to the Client, either suspend the services, in whole or in part, for a temporary period or permanently and / or terminate the Agreement due to non - fulfil ment of current obligations , at APM Terminals Poti ’s discretion, on the basis of its written notice. The foregoing is without prejudice to the other rights accruing to APM Terminals Poti . 7.3.2 In the event of termination of the agreement on the grounds stated in sub - clause 7.3.1 , all claims held by APM Termi

16 nals Poti become immediately eligible
nals Poti become immediately eligible in full. Page 13 of 27 Classification: Public 7.4 REMOVAL OF VESSEL 7.4.1 If the Client fails to fulfil its obligations or fails to fulfil them on time, APM Terminals Poti has the right to remove the v essel, or to have the vessel(s) removed, at the expense and risk of the Client. 7.5 APPLICABLE LAW AND DISPUTES 7.5.1 The legal relationship between APM Terminals Poti and the Client is governed by the current legislation of Georgia. In addition, in case of failure to reach an agreement, the dispute shall be considered by the courts of Georgia in accordance with the rules established by the current legislation of Georgia, to the exclusion of all other jurisdictions. Page 14 of 27 Classification: Public 7.6 NULLITY OF ONE OR MORE PROVISIONS 7.6.1 The nullity of any provision set forth in the agreement or in these General Terms and Conditions has no effect on the other provisions of the agreement and these General Terms and Conditions. 7.6.2 If and insofar as any provision set forth in the agreement or in these General Terms and Conditions is deemed to be unreasonably onerous, unacceptable or invalid under the given circ umstances, then that provision shall be replaced by a provision applicable between the parties that, taking all circumstances into account, will be acceptable and approach the scope of the provision deemed non - applicable under the circumstances. 7.7 CHANGING TERMS AND RATES 7.7.1 APM Terminals Poti may unilaterally amend these General Terms and Conditions, including the rates specified therein, at any time and at least 30 (thirty) days in advance provide to the Client the detailed written information regarding the changes. These General Terms and Conditions with attached tariffs apply as from 01 .0 4 .2021 . All enquiries to: Commercial Department APM Terminals Poti 38 , D. Ag h mashenebeli str. , Poti, Georgia Tel: +995 493 277777 E - mail: Sales.APMTerminalsPoti@apmterminals.com Website: http://www.apmterminalspoti.com/ Page 15 of 27 Classification: Public ANNEX 1 – PORT DUES AND CHARGES 1.1. Port Dues and Charges Port Dues and Charges Container Vessel Tanker

17 Rail Ferry RoRo Ferry Other G
Rail Ferry RoRo Ferry Other Gross Tonnage (GT) 9500 9500 - 13000 1300 0 - 15000 � 15000 800 0 � 8000 USD Excl. VAT 1. Tonnage Dues 0.831 0.794 0.953 0.859 1.302 0.252 0.220 0.267 1.193 2. Channel Dues 0.499 0.476 0.572 0.515 0.624 0.121 0.106 0.128 0.573 3. Sanitary Charge 0.063 0.060 0.073 0.065 0.079 0.015 0.013 0.016 0.071 4. Watchman Charge 0.074 0.071 0.085 0.077 0.093 0.018 0.016 0.019 0.085 5. Mooring or Unmooring 0.011 0.011 0.013 0.012 0.029 0.012 0.010 0.012 0.021 6. Towage in or Towage out 0. 208 0.199 0.238 0.215 0.291 0.056 0.049 0.059 0.264 7. Berth Dues 7.1. for cargo operations 55.00 per Hour 0.108 0.021 0.018 0.022 0.100 7.2. for non - cargo operations 0.010 per Hour 8. Occupying Berth after completion of cargo operations (for the reasons beyond the P ort control) 8. 1 . At B erth s 2, 3, 7, 12 , 13 & 14 for Container Vessels after 4 hrs., for Rail and RoRo Ferries after 12 hrs., for other vessels after 6 hrs. 0.160 Per hour 8. 2 . At other berths after 9 hrs. 0.008 per hour 9. Anchorage Dues at inner roads 0.002 per Hour 10. Shifting 0.38 0.38 0.38 0.38 0.44 0.34 0.19 0.19 0.40 1.2. Port Service Special Tariffs 1.2.1. Port Service Complex (all in) Tariff APM Terminals Poti Other berth in Port Fishing and Fish Carrier vessels USD1 00.00 per day USD50.00 per d ay Fishing and Fish Carrier vessels with Georgian Port Registry GT � 50 USD1.00 per GT/ m onth USD0.50 per GT/ m onth GT USD50.00 per m onth USD50.00 per m onth 1.2.2. Port Administration and Infrastructure Fee for Container 1.2.2.1. Tariff for Port Administration and infrastructure for every container passing through the P ort is - USD 8 0.00 per container . The fee is invoiced to each shipping line individually. Page 16 of 27 Classification: Public 1.2.3. Waste Removal 1.2.3.1. When Sanitary Charge is not levied vessels are charged according to the following tariffs based on Client request : - Bilge water removal - USD

18 50 .00 per cub.m - Sewage water
50 .00 per cub.m - Sewage water removal - USD 45 .00 per cub.m - Dry garbage removal - USD 30 .00 per cub.m 1.2.4. Fresh Water Supply 1.2.4.1. Tariff for fresh water supply to vessels alongside APM Terminals Poti berth is - USD 1 0 .00 per MT . ANNEX 2 - CARGO HANDLING RATES 2.1 QUAY OPERATION USD Excl. VAT 2.1.1 Breakbulk Cargo Any pieces 35 MT and more or 50 m³ and more (Project Cargo) (The unit of charge applicable shall be the larger measure of the two) MT or m³ 35.00 35 MT MT 25.00 25 MT MT 20.00 5 MT MT 15.00 2.1.2 Crane lift of Wheeled Cargo 5 MT Unit 150.00 10 MT Unit 250.00 25 MT MT 30.00 40 MT MT 40.00 40 MT or more MT 50.00 2.1.3 Roll On/Off of Wheeled Cargo 5 MT Unit 35.00 5 MT or more Unit 95.00 2.1.4 Roll On/Off of Rail Cars Full Rail Car Unit 130.00 Empty Rail Car Unit 20.00 2.1.5 Passenger Fee Per Passenger 5.00 2.1. 6 Bulk Cargo Loaded/discharged from/to vessel with grabs direct to truck/railcar MT 10.00 Page 17 of 27 Classification: Public 2.1. 7 Containers Discharging/Loading 2.1. 7 .1 Full 20’ Unit 55.00 2.1. 7 .2 Empty 20’ Unit 15.00 2.1. 7 .3 Full 40’/45’ Unit 85.00 2.1. 7 .4 Empty 40’/45’ Unit 35.00 2.1. 7 .5 Full (IMDG Class - 1, Class - 5 and Class - 7) to depart port immediately Unit 250.00 2.1. 7 . 6 Escorting of containers (IMDG Class - 1, Class - 5 and Class - 7) with fire trucks after discharging from the vessel First hour free 2.1. 7 . 7 After first free hour Per hour 100.00 2.1. 7 . 8 Full 20’ (IMDG Class) Unit 78.00 2.1. 7 . 9 Empty 20’ (IMDG Class) Unit 41.00 2.1. 7 . 1 0 Full 40’/45’ (IMDG Class) Unit 113.00 2.1. 7 .1 1 Empty 40’/45’ (IMDG Class) Unit 61.00 2.1. 7 .1 2 OOG Full 20’ (in case of usage NON - STANDARD SPREADER) Unit 110.00 2.1. 7 .1 3 OOG Full 40’/45’ ( in case of usage NON - STANDARD SPREADER) Unit 170.00 2.1. 7 .1 4 Shi

19 fting (Cell to Cell) Unit 40.00 2.
fting (Cell to Cell) Unit 40.00 2.1. 7 . 15 Shifting (Cell - Quay - Cell) Unit 80.00 2.2 HORIZONTAL TRANSPORTATION USD Excl. VAT Using APM Terminals Poti internal trucks and chassis 2.2.1 Full container Unit 15.00 2.2.2 Empty container Unit 10.00 2.3 YARD OPERATION USD Excl. VAT 2.3.1 Lift on/off Full unit 12.00 Empty unit 8.00 2.3.2 Container/Truck Stripping and stuffing (excl. vehicles) Cargo in Big Bags/Barrels/Pallets MT 7.00 Cargo in Bags MT 8.00 Cargo in Boxes and Coils MT 9.00 OOG Cargo MT 30.00 Flat Racks (Vehicles in Working Order) unit 60.00 Other Cargoes MT 18.00 Page 18 of 27 Classification: Public 2.4 STORAGE USD Excl. VAT 2.4.1 General Cargo First 4 day ton/day 0.50 5th to 30th day ton/day 1.00 More than 30 day s ton/day 3.00 2.4.2 C ontainers Full First and last partial day 20’/d ay 0.00 2nd to 6 th day 20’/d ay 1.00 7 th to 13th day 20’/d ay 2.00 14th & Over 20’/d ay 4.00 First and last partial day 40’/45’/d ay 0.00 2nd to 6 th day 40’/45’/d ay 2.00 7 th to 13th day 40’/45’/d ay 4.00 14th & Over 40’/45’/d ay 8.00 Empty First 8 days 20’/d ay 0.00 9th to 16th day 20’/d ay 0.50 17th & over 20’/d ay 1.00 First 8 days 40’/45’/d ay 0.00 9th to 16th day 40’/45’/d ay 1.00 17th & over 40’/45’/d ay 2.00 2.4.3 Reefer Containers ( incl. Plugging, Unplugging, Electricity and Monitoring ) unit/day 30.00 2.4.4 Containers with IMDG Cargo (excluding Class - 1, Class - 5 and Class - 7) First and last partial day 20’/d ay 0.00 2nd to 6 th day 20’/d ay 4.00 7 th to 13th day 20’/d ay 8.00 14th & Over 20’/d ay 16.00 First and last partial day 40’/45’/d ay 0.00 2nd to 6 th day 40’/45’/d ay 8.00 7 th to 13th day 40’/45’/d ay 16.00 14th & Over 40’/45’/d ay 32.00

20 2.4.5 Leak ing C ontainers un
2.4.5 Leak ing C ontainers unit/day 100.00 2.4.6 W heeled C argo 5 MT First and last partial day unit/day 0.00 2nd to 6 th day unit/day 2.00 7 th to 13th day unit/day 5.00 Page 19 of 27 Classification: Public 14th & Over unit/day 10.00 5 MT or more First and last partial day unit/day 0.00 2nd to 6 th day unit/day 5.00 7 th to 13th day unit/day 10.00 14th & Over unit/day 15.00 2.5 CONTAINER YARD VEHICLE RELATED ACTIVITIES GEL Excl. VAT 2.5.1 Car H andling Stripping from container (incl. container sweeping) Unit 70.00 Stuffing Vehicles into container (incl. lashing, wood materials) Unit 400.00 GEL incl. VAT 2.5.2 Storage Stripping day + 3 days unit/day 0.00 5th to 6th day unit/day 25.00 7th to 13th day unit/day 30.00 14th day & over unit/day 35.00 2.6 MISCELLANEOUS TARIFFS USD Excl. VAT 2.6.1 Unloading/Loading of lashing gear box unit 130.00 2.6.2 Removal and installation of twin deck or hatch cover unit 70.00 2.6.3 APM Terminals Poti Railway Lines Usage Fee railcar 25.00 2.6.4 APM Terminals Poti Railway Lines Usage Fee (at CY) railcar 10.00 2.6.5 Railcar Storage (commences 24 hours after railcar entry) railcar/Day or part thereof 25.00 2.6.6 Gate Fee for Side Gates per railcar or truck 25.00 2.6.7 Customs Inspection of container (incl. stripping) unit 120.00 2.6.8 Customs Inspection of container (without stripping) unit 0.00 2.6.9 Weighing of vehicles/Railcars on Scale (weighbridge) unit 15.00 2.6.10 Weighing Containers (incl. VGM certificate, LO - LO, horizontal transport) unit 50.00 2.6.11 Weighing Container (upon Customs/Client request) unit 20.00 2.6.12 Bundle or Unbundle Flat Racks/Roll trailers unit 20.00 2.6.13 Late Gate Charge unit 200.00 2.6.14 Placement or removal of IMO Stickers per sticker 10.00 2.6.15 Yard Shifting Charges (upon the Line/BCO Request) (stripping of car container in advance in accordance with customer’s request) per unit shifted 20.00 Page 20 of 27 Classifica

21 tion: Public 2.6.16 Lashing/unlashin
tion: Public 2.6.16 Lashing/unlashing of containers on vessel unit 4.50 2.6.17 Jump Start of dead car on RoRo vessel unit 25.00 2.6.18 Towage of dead truck from Port premises unit 25.00 2.6.19 Reefer container pre trip inspection unit 45.00 2.6.20 Container sweeping unit 20.00 2.6.21 Lashing / unlashing of cargo from containers on board of vessel (without welding & cutting) ton 8 .00 2.6.22 Stevedore Gang Delay – non - containerized per gang per day 400.00 2.6.23 Car Pass (non - cargo operations) unit/month 35.00 2.6.24 Annual Car Pass (non - cargo operations) unit/year 420.00 2.6.25 Access Pass Card unit 2.00 2.6.26 Emergency response stand - by during operations per hour 250.00 2.6.27 Coiling of reefer cables on discharge to avoid damage unit 25.00 2.6.28 Changes load list or mismatch Inbound Stowage plan after vessel docking (fixed fee) per event 500.00 2.6.29 Changes load list or mismatch Inbound Stowage plan after vessel docking (variable fee) per unit 30.00 In the event that load list is changed, or inbound stowage plan is found to be mismatched , after vessel docking the total amount invoiced will be the fixed fee plus the variable fee . ANNEX 3 - EQUIPMENT HIRE TARIFFS 3.1 Port fleet Unit Minimum Number of hr. invoiced Tariff per Hr. Tariff per Hr. Within Port Water Area Out of Port Water Area USD Excl. VAT 3.1.1 Tugboat 1 465.00 700.00 3.1.2 Floating Crane 2 300.00 500.00 3.1.3 Pilot boat 1 230.00 420.00 3.1.4 N. Nikoladze (Dredging) As per request 3.2 EQUIPMENT Minimum Number of hours invoiced Tariff per Hr. USD Excl. VAT 3.2.1 Mobile Crane LINK - BELT (90 mt) 2 200.00 3.2.2 Mobile Crane KATO (30 mt) 2 150.00 3.2.3 Mobile Harbour Crane (100 mt) 4 300.00 3.2.4 Forklift 1 30.00 3.2.5 Reach stacker 2 100.00 Page 21 of 27 Classification: Public 3.2.6 Empty Handler 1 60.00 3.2.7 Wheel Loader 1 50.00 3.2.8 Terminal Truck and trailer 1 35.00 3.2.9 Locomobile 1 280.00 ANNEX 4 – FLOATING DOCKS SERVICE TARIFFS FLOATING

22 DOCK VESSEL REPAIR SERVICES
DOCK VESSEL REPAIR SERVICES GEL Excl. VAT 4.1 Docking or Undocking of vessel (s) p er event 7,500 .00 4.2 Dock Rental Cost p er day 3,500 .00 4. 3 Keel block arrangement standard keel block p er k eel block 42.00 Non - standard keel block p er k eel block 84.00 4. 4 Working with own crew or third - party vendor p er day 750.00 For additional information about other docking services and tariffs, Please contact to Commercial department: sales.apmterminalspoti@apmterminals.com Page 22 of 27 Classification: Public ANNEX 5 – Port Water Area Page 23 of 27 Classification: Public ANNEX 6 - UK STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (REVISED 1986) STANDARD FORM AGREEMENTS U.K. STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (Revised 1986) 1. The agreement between the Tug owner and the Hirer is and shall at all times be subject to and include each and all of the conditions herein - after set out. 1.1 For the purposes of these conditions 1.1.1 "towing" is any operation in connection with the holding, pushing, pulling, moving, escorting or guiding of or standing by the Hirer's vessel, and the expressions "to tow", "being towed" and "towage" shall be defined likewise. 1.1.2 "vessel" shall include any vessel, craft or object of whatsoever nature (whether or not coming within the usual m eaning of the word "vessel") which the Tug owner agrees to tow or to which the Tug owner agrees at the request, express or implied, of the Hirer, to render any service of whatsoever nature other than towing. 1.1.3 "tender" shall include any vessel, craft or obje ct of whatsoever nature which is not a tug but which is provided by the Tug owner for the performance of any towage or other service. 1.1.4 The expression "whilst towing" shall cover the period commencing when the tug or tender is in a position to receive orders direct from the Hirer's vessel to commence holding, pushing, pulling, moving, escorting, guiding or standing by the vessel or to pick up ropes, wires or lines, or when the towing line has been passed to or by the tug or tender, whichever is the sooner, an d ending when the final orders from the Hirer's vessel to cease holdin

23 g, pushing, pulling, moving, escorting,
g, pushing, pulling, moving, escorting, guiding or standing by the vessel or to cast off ropes, wires or lines has been carried out, or the towing line has been finally slipped, whicheve r is the later, and the tug or tender is safely clear of the vessel. 1.1.5 Any service of whatsoever nature to be performed by the Tug owner other than towing shall be deemed to cover the period commencing when the tug or tender is placed physically at the dispo sal of the Hirer at the place designated by the Hirer, or, if such be at a vessel, when the tug or tender is in a position to receive and forthwith carry out orders to come alongside and shall continue until the employment for which the tug or tender has b een engaged is ended. If the service is to be ended at or off a vessel the period of service shall end when the tug or tender is safely clear of the vessel or, if it is to be ended elsewhere, then when any persons or property of whatsoever description have been landed or discharged from the tug or tender and/or the service for which the tug or tender has been required is ended. Page 24 of 27 Classification: Public 1.1.6 The word "tug" shall include "tugs", the word "tender" shall include "tenders", the word "vessel" shall include "vessels", the word " Tug owner " shall include " Tug owners ", and the word "Hirer" shall include "Hirers". 1.1.7 The expression " tug owner " shall include any person or body (other than the hirer or the owner of the vessel on whose behalf the Hirer contracts as provided in Clause 2 h ereof) who is a party to this agreement whether or not he in fact owns any tug or tender, and the expression "other Tug owner " contained in Clause 5 hereof shall be construed likewise. 2. If at the time of making this agreement or of performing the towage or of rendering any service other than towing at the request, express or implied, of the Hirer, the Hirer is not the Owner of the vessel referred to herein as "the Hirer's vessel", the Hirer expressly represents that he is authorised to make and does make thi s agreement for and on behalf of the owner of the said vessel subject to each and all of these conditions and agrees that both the Hirer and the Owner are bound jointly and severally by these conditions. 3. Whilst towing or whilst at t

24 he request, express or i mplied, of the
he request, express or i mplied, of the Hirer, rendering any service other than towing, the master and crew of the tug or tender shall be deemed to be the servants of the Hirer and under the control of the Hirer and/or his servants and/or his agents, and anyone on board the Hirer' s vessel who may be employed and/or paid by the Tug owner shall likewise be deemed to be the servant of the Hirer and the Hirer shall accordingly be vicariously liable for any act or omission by any such person so deemed to be the servant of the Hirer. 4. Whi lst towing, or whilst at the request, either expressed or implied, of the Hirer rendering any service of whatsoever nature other than towing: 4.1 The Tug owner shall not (except as provided in Clauses 4.3 and 4.5 hereof) be responsible for or be liable for 4.1.1 dam age of any description done by or to the tug or tender; or done by or to the Hirer's vessel or done by or to any cargo or other thing on board or being loaded on board or intended to be loaded on board the Hirer's vessel or the tug or tender or to or by an y other object or property; or 4.1.2 loss of the tug or tender or the Hirer's vessel or of any cargo or other thing on board or being loaded on board or intended to be loaded on board the Hirer's vessel or the tug or tender or any other object or property; or 4.1.3 an y claim by a person not a party to this agreement for loss or damage of any description whatsoever; arising from any cause whatsoever, including (without prejudice to the generality of the foregoing) negligence at any time of the Tug owner his servants or agents, Page 25 of 27 Classification: Public unseaworthiness, unfitness or breakdown of the tug or tender, its machinery, boilers, towing gear, equipment, lines, ropes or wires, lack of fuel, stores, speed or otherwise and 4.2 The Hirer shall (except as provided in Clauses 4.3 and 4.5) be respons ible for, pay for and indemnify the Tug owner against and in respect of any loss or damage and any claims of whatsoever nature or howsoever arising or caused, whether covered by the provision of Clause 4.1 hereof or not, suffered by or made against the Tug owner and which shall include, without prejudice to the generality of the foregoing, any loss of or damage to the tug or te

25 nder or any property of the Tug owner
nder or any property of the Tug owner even if the same arises from or is caused by the negligence of the Tug owner his servants or a gents. 4.3 The provisions of Clauses 4.1 and 4.2 hereof shall not be applicable in respect of any claims which arise in any of the following circumstances: 4.3.1 All claims which the hirer shall prove to have resulted directly and solely from the personal failure of the Tug owner to exercise reasonable care to make the tug or tender seaworthy for navigation at the commencement of the towing or other service. For th e purpose of this Clause the Tug owner’s personal responsibility for exercising reasonable care shall be construed as relating only to the person or persons having the ultimate control and chief management of the Tug owner’s business and to any servant (ex cluding the officers and crew of any tug or tender) to whom the Tug owner has specifically delegated the particular duty of exercising reasonable care and shall not include any other servant of the Tug owner or any agent or independent contractor employed by the Tug owner . 4.3.2 All claims which arise when the tug or tender, although towing or rendering some service other than towing, is not in a position of proximity or risk to or from the Hirer's vessel or any other craft attending the Hirer's vessel and is det ached from and safely clear of any ropes, lines, wire cables or moorings associated with the Hirer's vessel. Provided always that, notwithstanding the foregoing, the provisions of Clauses 4.1 and 4.2 shall be fully applicable in respect of all claims which arise at any time when the tug or tender is at the request, whether express or implied, of the Hirer, his servants or his agents, carrying persons or property of whatsoever description (in addition to the Officers and crew and usual equipment of the tug o r tender) and which are wholly or partly caused by, or arise out of the presence on board of such persons or property or which arise at anytime when the tug or tender is proceeding to or from the Hirer's vessel in hazardous conditions or circumstances. 4.4 Not withstanding anything hereinbefore contained, the Tug owner shall under no circumstances whatsoever be responsible for or be liable for any loss or damage caused by or contri

26 buted to or arising out of any delay or
buted to or arising out of any delay or detention of the Hirer's vessel or of the cargo on board or being loaded on board or intended to be loaded on board the Hirer's vessel or of any other object or property or of any person, or any consequence thereof, whether or not the same shall be caused or arise whilst towing or whilst at the re quest, either express or implied, of the Hirer rendering any service of Page 26 of 27 Classification: Public whatsoever nature other than towing or at any other time whether before during or after the making of this agreement. 4.5 Notwithstanding anything contained in Clauses 4.1 and 4.2 hereof t he liability of the Tug owner for death or personal injury resulting from negligence is not excluded or restricted thereby. 5. The Tug owner shall at any time be entitled to substitute one or more tugs or tenders for any other tug or tender or tugs or tenders . The Tug owner shall at any time (whether before or after the making of this agreement between him and the Hirer) be entitled to contract with any other Tug owner (hereinafter referred to as "the other Tug owner ") to hire the other Tug owner’s tug or tend er and in any such event it is hereby agreed that the Tug owner is acting (or is deemed to have acted) as the agent for the Hirer, notwithstanding that the Tug owner may in addition, if authorised whether expressly or impliedly by or on behalf of the other Tug owner , act as agent for the other Tug owner at any time and for any purpose including the making of any agreement with the Hirer. In any event should the Tug owner as agent for the Hirer contract with the other Tug owner for any purpose as aforesaid it is hereby agreed that such contract is and shall at all times be subject to the provisions of these conditions so that the other Tug owner is bound by the same and ma y as a principal sue the Hirer thereon and shall have the full benefit of these conditions in every respect expressed or implied herein. 6. Nothing contained in these conditions shall limit, prejudice or preclude in any way any legal rights which the Tug owne r may have against the Hirer including, but not limited to, any rights which the Tug owner or his servants or agents may have to claim Salvage remuneration or

27 special compensation for any extraordin
special compensation for any extraordinary services rendered to vessels or anything aboard vessel s by any tug or tender. Furthermore, nothing contained in these conditions shall limit, prejudice, or preclude in any way any right which the Tug owner may have to limit his liability. 7. The Tug owner will not in any event be responsible or liable for the co nsequences of war, riots, civil commotions, acts or terrorism or sabotage, strikes, lockouts, disputes, stoppages or labour disturbances (whether he be a party thereto or not) or anything done in contemplation or furtherance thereof or delays of any descri ption, howsoever caused or arising, including by the negligence of the Tug owner or his servants or agents. 8. The Hirer of the tug or tender engaged subject to these conditions undertakes not to take or cause to be taken any proceedings against any servant o r agent of the Tug owner or other Tug owner , whether or not the tug or tender substituted or hired or the contract or any part thereof has been sublet to the owner of the tug or tender, in respect of any negligence or breach of duty or other wrongful act o n the part of such servant or agent which, but for this present provision, it would be competent for the Hirer so to do and the owners of such tug or tender shall hold this undertaking for the benefit of their servants and agents. 9. Page 27 of 27 Classification: Public 9.1 The agreement between the Tug owner and the Hirer is and shall be governed by English Law and the Tug owner and the Hirer hereby accept, subject to the proviso contained in sub - clause 9.2 hereof, the exclusive jurisdiction of the English Courts (save where the registered offic e of the Tug owner is situated in Scotland when the agreement is and shall be governed by Scottish Law and the Tug owner and the Hirer hereby shall accept the exclusive jurisdiction of the Scottish Courts). 9.2 No suit shall be brought in any jurisdiction othe r than that provided in sub - clause 9.1 hereof save that either the Tug owner or the Hirer shall have the option to bring proceedings in rem to obtain the arrest of or other similar remedy against any vessel or property owned by the other party hereto in an y jurisdiction where such vessel or property may be