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1. The mooring shall not be liable for demurrage, damages for delay or loss of dispatch time incurred by any vessel
or charterer thereof for any cause other than willful or grossly negligent acts of the mooring management.
2. The mooring shall not be responsible for marine loss or damage to cargo or to barges,
ships, anchors, or other waterborne vessels moored to the mooring berth, whether caused by foul berth or otherwise.
3. In all other matters, the mooring shall not be responsible for the delay or
damages resulting from any cause beyond its control, however or whenever arising.
4. Vessels berthed at the mooring buoys shall at all times maintain appropriate officers and crew aboard to permit
reception or discharge of cargo at any time of the day or night, including Saturdays, Sundays, and holidays.
5. If in the opinion of the mooring management, the weather conditions so warrant, any
vessel in berth may be ordered, at any time of the day or night, to vacate said berth and anchor in an approved anchorage area until such time as weather conditions permit the vessel to return to berth.
Appropriate officers and crew shall be maintained aboard for this purpose.
Further, if weather or other conditions, in the opinion of the mooring management, so warrant to vacate the berth, vessel may
be required to use additional tugboats when mooring or unmooring or lying at berth. Such additional tug boat expense shall be for the account of the vessel.
6. Requests originating from the vessel for
overtime work must be made in writing to the mooring management prior to 3:00PM of the straight-time working day preceding the overtime period.
7. Shifting costs for coming in and out of the mooring,
whether under the provisions set forth above or otherwise, shall be at vessel’s expense.
8. Vessels shall not “blow out their tubes” in the vicinity of the mooring site. A fine of $5,000.00
shall be levied against the owner of any vessel violating this rule.
9. When bagging, strapping, or bundling is necessary, a vessel may, at the discretion of the mooring management, be ordered to
vacate the berth at its own expense.
10. Should a vessel at the mooring facility find it necessary to discharge ballast, fuel, or take on fresh water, such operation
must be planned sufficiently in advance so that the loading or discharging of the vessel will not be delayed. Any such loading or discharging delays resulting from such operations will be charged against
the vessel, her owners and/or agents at the rate of $1,500.00 for each hour of loading or discharging delay.
11. If fines and/or penalties are levied by any federal, state, or local
governmental agency because of, or in any way connected with the operations or actions of the vessel(s), such fines and/or penalties shall be for the account of the vessel(s).
Regulations as
promulgated by the U.S. Department of Labor Bureaus of Labor Standards, require that gangways/ladders meet certain standards. It is necessary that all vessels must comply in all respects with these
regulations while in berth. A copy of these regulations is available for your perusal in the office of the mooring management.
Under Annex I of the International Convention for the Prevention of
Pollution from Ships (MARPOL), a vessel desiring to discharge oily wastes shall arrange the discharge with a company approved by the Captain of the Port, United State Coast Guard.
Annex V of the
International Convention of the Prevention of Pollution from Ships (MARPOL) a vessel desiring to dispose of ship-generated garbage shall arrange in advance with a company approved by the Captain of the
Port, United States Coast Guard.
When requested by the vessel, reception facilities for food, plant, meat and other potentially infectious waste shall be arranged with a company approved by the Animal
and Plant Health Inspection Service (APHIS) and meeting the requirements as set forth in 7 CFR 330 and 9 CFR 94.
12. In the event TMT is required at any time to employ the services of an
attorney-at-law to collect charges due for services rendered of, to protect an right reserved or accorded to it hereunder, the vessel and/or user shall pay reasonable fees of such attorney, plus all
expenses and court costs of any legal proceedings.
13. TMT particularly reserves the right to a maritime lien on all vessels making use of its services pursuant hereto, whether or not such changes are
billed to the owner, charterer, operator, manager or agent, and by booking such services, the respective agents of all such vessels and the owners and operators thereof warrant and agree that they have
the authority to contract for services on behalf of the vessel so represented, owned or operated and to bind the vessel thereof.
14. Any person, firm, or corporation contracting for the use of the
mooring expressly agrees to pay any and all charges for the services rendered in accordance with this tariff regardless of any claim(s) pending or asserted against the facility of TMT, and/or its
affiliates, and/or its underwriting and/or its owners or officers. In no case shall such claim(s) be offset against any invoice for services performed by the facility unless or until such claim(s)
is (are) reduced to judgment in a court of competent jurisdiction.
15. Any person, firm, or corporation contracting for the use of the facility hereby agrees to release, indemnify and hold harmless
the facility TMT, its affiliates, owners, officers, and underwriters against any and all claims, demand, or suits for damages to persons and/or property, including, but not limited to, claims, demands,
or suits for bodily injury, illness, disease, death, loss of services, maintenance and cure, which may be brought against the Mooring and/or its affiliates, owners, officers and/or its underwriters
(including, but not limited to, claims, demands, or suits by the employees, or agents of the person's firm, or corporation contracting for the use of the facility) incident to, arising out of, in
connection with, or resulting from the services performed by the Mooring under this Tariff, whether occasioned, brought about, caused or contributed to, in whole or in part, by the negligence of the
Mooring, its agents, directors, officer, or employees, servants, or subcontractors, or otherwise, or by the unseaworthiness of or apparent or latent defect in the facility or any vessel owned, operated,
or controlled by TMT in the performance of the services covered by this Tariff, regardless of whether such negligence or unseaworthiness is active, passive, primary or secondary and regardless of whether
the unseaworthiness and/or apparent or latent defect in said equipment arose subsequent to or preexisted, the acceptance of the
“Application for Berth” constituting the contract between the
parties as provided in Section A-2 of this Tariff.
16. All rates, rules, and regulations in this Tariff are subject to change by TMT, without notice. Furthermore, the rates set forth in this Tariff
are based on existing wage levels presently in effect and will be increased proportionally in the event of wage or other extraordinary increases.
17. TMT reserves to itself the right to negotiate special arrangements, rules and rates under this Tariff.
18. All users of the facility (including Shippers, Exporters, Importers, Vessel Owners, etc.,
or their Agents) by filing an
Application for Berth, will be considered as having read, understood, and accepted all of the rates, terms and conditions of this Tariff. Furthermore, this Tariff has been freely negotiated at arm's length between the Mooring and the Vessel owner, charterer, operator, manager, or agent, and has been voluntarily entered into with the clear understanding that the owner, charterer, operator, manager, or agent, in consideration for obtaining favorable rates, services and other valuable economic consideration from the Mooring and contained in the Tariff, accept and agree during the entire term of this contract: (i) to be bound by each and every term and condition, particularly the payment and indemnification provisions contained in this Tariff; (ii) not to subsequently seek to invalidate the Tariff in judicial or arbitration proceedings by claiming that any of the terms and conditions, particularly the payment and indemnification provisions in this Tariff are not legally binding or were not voluntarily entered into, the Tariff having been reasonably negotiated and fairly made, and the consideration to Vessel owner, charterer, operator, manager, or agent being substantial, reasonable and adequate therefore; (iii) that this Tariff, particularly the payment and indemnification provisions contained in the General Regulations, are essential and integral to the Tariff and Vessel owner, charterer, operator, manager, or agent acknowledges that the Mooring would not have entered into the contract and agreed to the favorable rates, services, and other valuable and economic consideration set forth in the contract had not Vessel owner, charterer, operator, manager or agent agreed to accept the Mooring's payment and indemnification provisions contained in the General Regulations; (iv) had not this Acknowledgment and Binding Effect been agreed to and accepted; and (v) it being fully understood that the rates and other considerations have been negotiated and predicated on this basis by the Mooring.
1. TMT, reserves the right to refuse to service vessels for customers who are PAST DUE in payments for services rendered.
2. Notice of any alleged damage or injury suffered or caused by a
Vessel to which services are rendered hereunder must be given to the Mooring within a reasonable time (not to exceed forty-eight (48) hours after the alleged occurrence), and if it is intended that
claims be made upon the Mooring, based upon such damage or injury, written notice of such intention must be given within thirty (30) days of such occurrence. In the absence of either one or both
notices provided for above, no claims arising out of such occurrence shall be valid, and not suit may be maintained in respect to such claims on account of damage or injured suffered or caused by such
Vessel. In addition to the foregoing requirement, no such claims shall be valid and no suit may be maintained on account of any such damage or injury unless the Mooring is given a reasonable
opportunity to inspect and survey the damage for which claim is made prior to the commencement of any repairs.
3. All services rendered by the Mooring shall be rendered pursuant to this Tariff unless
agreed to otherwise, in writing, signed by all parties thereto, prior to the commencement of the service rendered, the rates and terms and conditions of this Tariff having been considered and mutually
agreed upon.
4. If any provision of this Tariff is declared void by statute, regulation or by judicial decision, or its application to certain circumstances is held to be invalid, illegal or
contrary to public policy, such voided or unenforceable provision shall be severed and the remained of the provisions in the paragraph and in the General Regulations, and the application of the invalid
provision to circumstances other to which they have been declared, shall not be affected thereby and shall continue to be in full force and effect.
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