APPLICATION FOR BERTH

1. All vessels, their owner or agents, desiring berth at the mooring facility shall file with the mooring office, Luling, Louisiana, between 8:00AM and 4:00PM Monday through Friday. Saturdays, Sundays and holidays are excluded. Application shall be made on  “Application for Berth” forms supplied by TMT.
2. The signed “Application for Berth”, when acknowledged in writing by TMT, shall constitute a contract between TMT, and the vessel and her owner and agent to abide by charges, rules and regulations of this tariff.
3. Except as otherwise provided in these regulations, (or as otherwise agreed) vessels shall be assigned a berth in chronological order in which they file with the mooring office a signed “Application for Berth”, accompanied at the time of filing by the following documents:
a. Certificate of Readiness in all compartments insured by a local representative of the National Cargo Bureau, Inc.
b. Copies of vessel gear certificates as required by Title 29, Chapter XIII, part 1504 of the Federal Register, issued by the United States Department of Labor.
c. Evidence to the effect that the vessel has been entered at the United States Customhouse.
d. Evidence to the effect that the vessel has been tendered to and accepted by the charterer, when applicable.
   TMT, may, at its discretion, waive all or any part of the above requirements.
4. The mooring management, at its sole discretion, may alter the turn of vessels to be loaded/discharged when, in its judgment, this is in the best interest of the anchorage operations.
5. TMT may, at its discretion, waive the requirement of the signed “Application for Berth”, however, all terms and conditions of the tariff shall apply as though the Berth application had been signed and filed.
6. Common Carriers by Water, (usually referred to as Liners), as defined by the Shipping Act of 1916, may be accepted for loading/unloading at the discretion of TMT.
7. During the course of the loading/unloading operation, should the loading/unloading operation cease or be interrupted due to an objectionable odor emanating from the vessels compartments or of any other reason attributable to the condition of the vessel or its suitability to receive or discharge cargo, the Owners/Master/Agent shall immediately :
a. Remove the vessel from the loading berth at the owners’ expense.
b. Acknowledge receipt of the cargo received on board by signing an original ship receipt.
8. The Owners/Master/Agent will insure that the vessel will be loaded/unloaded so that she remains in safe seaworthy trim throughout the loading/unloading operation to permit shifting out of berth should it become necessary due to the above. In the event the vessel     shall not promptly leave the mooring berth when so ordered in accordance with this tariff, any cost, attorney fees and expenses in connection with the moving of the vessel shall be for the account of the Owners/Masters/Agents.
9. The Owners/Masters/Agents shall be responsible for any and all damages to the mooring and/or suppliers by reason of the vessel’s failure to vacate the berth when ordered.