LD COMMODITIES PORTLAND
SCHEDULE OF CHARGES
for
LD COMMODITIES NORTHWEST FACILITIES LLC
ELEVATORS
Includes:
Oregon: Portland (“Odock)
Washington: Windust, Kahlotus (Lower Monumental)
Licensed Under the United States Warehouse Act
License No. 3-10025
TARIFF NO. ONE
EFFECTIVE February 1, 2012
Effective Date of First Licensed Issued
(The term "grain" when used herein, except for sunflowers, shall mean all commodities defined as grain in the regulations promulgated by the Secretary of Agriculture under the United States Warehouse Act.)
Index
Item / Subject / Page1 / Notice to Public / 1
2 / Application of Rates / 1
3 / Rates Subject to Change / 2
4 / Insurance / 2
5 / Weighing, Sampling, and Inspection / 2
6 / Basis of Charges / 2
7 / Responsibility for Loss, Damage, or Delays / 3
8 / Terms / 3
9 / Overtime, Penalty Time, Holidays / 3 & 4
10 / Standby Time and Lost Time / 4
11 / Right to Perform Services on Overtime / 4
12 / Continuous Loading of Vessel / 4
13 / Binning / 5
14 / Special Binning / 5
15 / Special Contracts / 5
16 / Turning and Fumigation / 5
17 / Advancing Transportation Charges / 5
18 / Demurrage, Delays, and Waiver of Charges / 6
19 / Special Handling or Work / 6
20 / Charges for Overtime, Penalty Time / 6 & 7
21 / Stevedore Agreement / 7
22 / Berthage / 7-10
23 / Vessel Dockage / 10-12
24 / Remedies / 12
25 / Wharfage / 13
26 / Water Service / 13
27 / Unloading Grain from River Barges / 13
28 / Service and Facilities Charge / 13
29 / Other Vessel Charges / 14
30 / Air Pollution Control Laws / 14
31 / Tug Services / 14-16
32 / Maritime Fire and Safety / 16
33 / Notes / 16 & 17
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
3-10025
Page 1
ITEM SUBJECTRULESANDREGULATIONS
1Notice to Public
This tariff, published and filed by LD COMMODITIES PORTLAND for LD COMMODITIES NORTHWEST FACILITIES LLC (hereinafter referred to as “LD”), in accordance with legal requirements, is due notice to the public, to shippers and to carriers, that the rates, charges, rules and regulations apply to all general traffic without specific notice, quotation to, or (excepting as may hereinafter be specified) arrangement with shippers or carriers. LD shall be the sole judge of its interpretation.
The use of the facilities and services, as mentioned herein, shall constitute a consent to the terms and conditions of this Tariff, and evidence of an agreement on the part of all users of such facilities and services to pay all charges specified herein, and be governed by all rules and regulations printed in this Tariff.
This license covers warehouses at locations other than the principal location named on the license. Delivery of grain and/or non-grain commodities to the owner will take place at the location where initially deposited, or such other location mutually agreeable to the warehouseman and the owner.
2Application of Rates
The rates, charges, rules and regulations named in this Tariff, or supplements thereto, shall have application to the LD elevators with the exception that all references to vessels and vessel activity, including stevedoring, shall apply only to the Portland ( “Odock”), Oregon, Elevator. They shall apply to any grain, and other non-grain commodities, unless otherwise specified, which are on hand in said facilities on the effective date of this tariff, or revisions, additions or supplements thereto, except that all charges accrued against said grain and other non-grain commodities, up to the effective date of this tariff, shall be assessed at the rate of the previous tariff, or applicable storage contract terms. Warehouse receipts for grain are issued for a period not exceeding one (1) year from date of issuance. Upon demand for issuance of a new warehouse receipt and surrender of the old receipt by the lawful holder thereof, at or before the expiration of the period specified herein, the warehouseman shall, in the absence of some lawful excuse, issue a new receipt for a further specified period not to exceed one (1) year.
Quotation of rates, charges, or conditions in this tariff are not to be interpreted as a guarantee that such operations can or will be performed at each facility, but only as each facility is equipped or prepared to perform such services.
LD may enter into agreement with the government of the United States of America, or any agency thereof, providing for storage, use of facilities, or services at rates other than those provided herein.
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
3-10025
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ITEMSUBJECTRULES AND REGULATIONS
3Rates Subject toChange
Rates for services involving labor are predicated upon straight time labor rates under ordinary labor and traffic conditions, and are subject to increase without notice, except as required by law, or when altered conditions necessitate.
4Insurance
Unless otherwise specified under individual items, storage rates named herein include insurance at market value against loss by fire, lightning, inherent explosion, windstorm, cyclone, and tornado, from the time the grain is received at the elevator. Such insurance will remain in effect until the grain is delivered from the elevator.
5Weighing, Sampling, and Inspection
The Portland, Oregon (“Odock”) facility is operated as a Tidewater Terminal Grain Warehouse, and all export services of weighing, sampling, and/or inspection of grain are performed by the Federal Grain Inspection Service (hereinafter referred to as “FGIS”), or its designated agencies.
All other services of Sampling and/or Inspection are performed by an Independent Agency or FGIS, at LD’s option, and other weighing services are performed by elevator personnel unless other arrangements are made for these services prior to the delivery of the grain or non-grain commodities.
All fees for sampling and inspection, and all fees for supervision of weighing, are in addition to the charges specified in this Tariff, and shall be assessed directly against the owner of the grain, or non-grain commodities, but if assessed to or paid by LD, such payment shall be for the account of the owner of the grain or the non-grain commodities.
6Basis of Charges
The provisions of this tariff apply only to bulk grain commodities as defined by the U.S. Department of Agriculture, Federal Grain Inspection Service, or its designated agencies, unless otherwise denoted. On grain and/or non-grain commodities unloaded in the elevator, the gross inweight shall be used as the basis for the assessment of wharfage, elevation, and storage, and the gross outturn weight of grain or non-grain commodities for the assessment of loading out charges.
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
3-10025
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ITEMSUBJECTRULESANDREGULATIONS
7Responsibility for Loss, Damage, or Delays
In the event a vessel is unreasonably delayed in its estimated time of departure from the elevator due to a cause for which the elevator is legally liable, elevator liability, whether to vessel, shipper, buyer, charterer, or any other party making claim due to the delay, will be computed on the actual down time during regular elevator working hours at the existing vessel demurrage rate for tramp vessels of comparable size, construction type, and flag. The amount of the demurrage rate for such downtime constitutes the extent of elevator liability. In no case shall the elevator be liable for other damages including, without limitation, special or consequential damages.
All claims for loss or damage arising from any cause other than in Item 4, above, shall be in writing and presented to LD not later than sixty (60) days after the delivery of the grain to the holder of the Warehouse Receipt, and no suit or action based on such claim shall be commenced more than one (1) year after such delivery. The claimant shall not be entitled to attorney’s fees for the prosecution of any claim for loss or damage of items stored or handled under this Tariff.
8Terms
Terms are cash with all charges and advances being due and payable as accrued. LD reserves the right to estimate and demand payment of all loading charges in advance. In case of delay or failure to make payment of charges or liquidated damages due to the elevator operator, the elevator operator reserves the right to demand payment of charges in advance, or to require posting a bond to secure payment of charges and liquidated damages before a vessel will be permitted into berth, or before grain or non-grain commodities or any freight will be delivered to the vessel. Any claims against the elevator operator will not be allowed as an offset against outstanding invoices or accrued charges until such claims have been admitted by the elevator operator or legally established. Interest at a rate of two and one-half percent (2.5%) over the effective prime rate at the time of invoice will be charged after ten (10) days from date of invoice on all monies or invoices due the elevator operator.
9Overtime, Penalty Time, Holidays
a.All rates named in this tariff for services involving labor are based on the payment of labor at straight time wages, and the performance of such services on days or during hours when the straight time scale applies.
When any services are performed on Saturdays, Sundays, union holidays, or during hours when under the labor working rules overtime pay is required, the rates shall be as specified in Item 20, below.
- LD, at its sole discretion, reserves the right to refuse to work overtime, or to perform services involving overtime.
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
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ITEM SUBJECTRULESANDREGULATIONS
9Overtime, Penalty Time, Holidays (continued)
c.When loading or unloading an ocean vessel, the rates in Item 19, below, will be charged against the vessel for all overtime and penalty hours worked. If the vessel works any time during the following periods:
1.After 5:00 P.M. on the day shift:
- Saturday, Sunday, Holidays, Night Shifts
A minimum of eight (8) hours will be charged. Overtime on these days shall start accruing at 8:00 A.M. on the day shift, or 6:00 P.M. on the night shift.
- For the purposes of this tariff, holidays shall be those listed in BIMCO (“Federally-observed Holidays”) and the current ILWU-PMA Contract (including July 5th), and from 1700 hours to 0800 hours the next day on days when the monthly ILWU “stop-work” meetings are held.
- When a holiday falls on a Sunday, the following Monday shall be recognized as a “holiday.” When a holiday falls on a Saturday, the preceding Friday shall be recognized as a “holiday.”
10Standby Time and Lost Time
When LD is required to order labor for a specific service, and for a stated time, and through no fault or inability of LD, the service may not, or cannot be started, and standby time of labor is incurred or when services in progress are delayed through no fault of LD for periods of or exceeding fifteen (15) consecutive minutes, the full cost of labor for the extent of time lost, will be assessed, plus 35%. These costs will be assessed against the party or parties responsible for the delays, except that provisions of this paragraph do no apply to standby time and lost time related to the loading or unloading of vessels.
11Right to Perform Services on Overtime
Whenever, in LD's judgment, it shall be deemed necessary to perform on overtime any services in connection with the unloading, handling, cleaning, or smutting or processing of grain or non-grain commodities, right is reserved to perform such services, and to order weighing, sampling, and inspecting by the Federal Grain Inspection Service or its designated agencies in the name of, and at the expense of the owner of the grain or non-grain commodities. LD reserves the right to refuse to work overtime even though requested, at its own discretion.
12Continuous Loading of Vessel
LD reserves the right to require continuous loading of grain or non-grain commodities, by vessel through twenty-four (24) hours per day. All overtime, penalty time, or penalty overtime, or the payment of wages for a minimum number of hours of labor, incidental to continuous loading, is for the account of the vessel.
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
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ITEM SUBJECTRULESANDREGULATIONS
13Binning
In the absence of specific instructions for special binning (See Item 14, below), grain and non-grain commodities will be stored in bins containing the same kind and/or grade of grain, regardless of ownership.
14Special Binning
Upon prior request and space permitting, grain and non-grain commodities will be stored in special bins (identity-preserved). Regular tariff charges will not apply; instead, a higher than tariff rate will be negotiated. If the bin is not used to full capacity, storage charges may be assessed on such full capacity. Risk of grade and weight is for owner's account.
15Special Contracts
Subject to approval by the U. S. Warehouse Act Administrator, and the availability of storage and handling capacity, LD will contract for the storage and/or handling of a specified quantity of grain for a definite period of time, at rates other than those provided herein. Such rates, under the same terms and/or conditions, will be made available to all depositors.
LD may, at its discretion, contract for the storage and/or handling of a specified quantity of non-grain commodities for a definite period of time, at rates other than those provided herein.
16Turning and Fumigation
All expenses for turning and fumigation of grain is for the account of the owner, and any shrinkage, loss in weight, protein or grade must be borne by the owner on identity-preserved grain.
a.Turning: The turning of grain will be performed when requested by the owner of the grain, and agreed to by the elevator, or as deemed necessary by the elevator.
b. Fumigation: Fumigation of grain by LD is at its option, and it may perform the service at the charge of $.12 cents per bushel or order it fumigated by owner or consignee of the grain. Right is reserved by LD to refuse to accept or unload grain infested by weevils or other insects until such grain has been fumigated to the satisfaction of LD.
17Advancing Transportation Charges
Freight, switching, and demurrage charges may be advanced by LD (if requested by the owner of the grain). These charges, subject to interest, are due and payable as they accrue, and will be subject to sight draft. Delivery of negotiable warehouse receipt being contingent upon payment of draft.
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
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ITEM SUBJECTRULESANDREGULATIONS
18Demurrage, Delays, and Waiver of Charges
LD will use its best efforts, but does not undertake to receive, unload, load, handle, or deliver grain and/or non-grain commodities within any particular time. Cars will be set in and unloaded in regular turn of arrival, except that, whenever in LD's judgment it is deemed necessary, LD may give preference to unloading such cars into the elevator that contain grain or non-grain commodities for which a vessel is first available without liability of any type to LD.
LD, in furnishing the services of ordering, billing out, loading, and unloading cars, and of handling grain or non-grain commodities to or from vessels, assumes no responsibility for any demurrage or other damages for delay on either cars or vessels. Delays in loading, delivery, or handling, arising from combination, riots, or strikes of any persons in its employ or in the service of others, or arising from any other cause not reasonably within the control of LD, shall not entitle owners, shippers, consignees, or carriers to waiver of storage, or of any other expense or terminal charge that may be incurred.
19Special Handling or Work
The grain or non-grain commodity owner, vessel owner, or agent may request extra work be done at his expense whenever conditions arise where, by special handling or work, an operation may be expedited or improved.
This work shall be done at a price determined by LD, and agreed upon by both parties prior to the work's execution, when not specifically itemized in this tariff.
20Charges for Overtime
In addition to other charges included in this Tariff, one of the appropriate flat charges listed below shall be assessed when delivering bulk grain to or unloaded from vessels during overtime hours. Shift rates apply regardless of actual hours worked. A normal shift will be eight (8) hours in duration. Overtime shift charges includeStevedore overtime differential and elevator personnel. Overtime charges are for the account of the vessel.
a.Eight (8) hour overtime shift during nights, Saturdays,
Sundays or Holidays: $13,200.00
b.Per overtime hour (extended hours): $1,650.00
LD COMMODITIES NORTHWEST FACILITIES LLC ELEVATORS Tariff No. 1
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ITEM SUBJECTRULESANDREGULATIONS
20Charges for Overtime (continued)
Regardless of the number of men working on the vessel or in the elevator, the rates above will be charged against the vessel for all overtime shifts and extended hours worked. In the event the vessel works at any time during Saturdays, Sundays, Holidays, and night shifts, an 8-hour minimum will be charged against the vessel.
In addition to the above rates, USDA/Federal Grain Inspection Service overtime will be charged as follows: ($250.00 per hour)
8-hour overtime shift: $2,000.00
9-hour overtime shift: $2,250.00
10-hour overtime shift: $2,500.00
Simply, the all-inclusive overtime rate is $1,900.00 per hour.
21Stevedore Agreement
Prior to berthing, the vessel shall have engaged a stevedore who has entered into and complied with LD’s standard agreement on terms and conditions for the conduct of stevedoring operations at, access to, and use of facilities of the LD “Odock” Elevator, Portland, Oregon.
LD reserves the right to refuse berthing unless this condition is met, and to remove a vessel already in berth should the stevedore so engaged breach said agreement, or the terms and rules established thereunder.
22Berthage
a.Prior to occupying the berth at the LD “Odock” Elevator, Portland, Oregon, vessel must apply to the LD COMMODITIES PORTLAND office at 222 SW Columbia Suite 1133, Portland, Oregon 97201, between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, or between the hours of 9:00 a.m. and 12:00 noon on Saturday, for permission to occupy the berth.
The use of the facilities and services, as mentioned herein, shall constitute a consent to the terms and conditions of this tariff, and evidence of an agreement on the part of all users of such facilities and services, to pay all charges specified herein, and be governed by all rules and regulations printed in this tariff.
Berth application shall be in writing on forms supplied by LD. Subject to the exceptions set forth below, vessels shall be assigned a berth for the purpose of loading grain and/or non-grain commodities, in the order in which they file two (2) copies of each of the following documents with LD: