TRIANGLE ANCHORAGE SERVICES

POBOX 533

RESERVE, LA70084

TARIFF

DEFINITIONS

FACILITYTriangle Anchorage Services (TAS), and, where appropriate from the context, its berths, docks, anchorages, and all facilities as well as its officers, directors, employees, and any firms and/or individuals owning and/or controlling any ownership therein.

VESSELAny waterborne vessel or craft, including, but not limited to, barges, its owners and/or masters and/or charterers and/or agent.

USERAny person or entity using or providing services to the Facility or whose personnel or equipment, including a Vessel are located at the Facility.

ANCHORAGESThe section of the Facility equipped for the mooring of vessels expected to load or discharge cargo from one Vessel to another or lay at berth.

LOCATION

The Facility is located at Lower Mississippi River mile 136 and 137 Above Head of Passes (AHP).

HOURS OF OPERATION

The Facility operates 24 hours per day, seven (7) days a week throughout the year, with the exception of the following holidays, noted below. With prior written permission from the Facility, arrangements may be made to continue operations during the holiday for additional charges as may be agreed.

New Years Day

Mardi Gras Day

Independence Day

Thanksgiving Day

Labor Day

Christmas Day

ADDRESS

Mailing Address:Associated Terminals

1342 Hwy. 44

Reserve, LA70084

Telephone:(985) 536-4520

Fax number:(985) 536-4521

Contact Person: Yvonne Stein

BERTHING

Any Vessel desiring to berth at the Facility Anchorages, must first, through its shipping agent, complete an Application for Berth issued by TAS and receive appropriate approval and schedules from the Facility.(sample attached) The signed Application for Berth when acknowledged in writing by the Facility, will constitute the agreement between the Facility and the Vessel, including, but not limited to, Vessel’s agreement to abide by this Schedule and the TAS Standard Operating Procedures. The Application for Berth must be accompanied by:

  1. Certificate of Readiness in all compartments issued by the local representative of the National Cargo Bureau, Inc.
  1. Evidence to the effect that the Vessel has been entered at the United States Customs House.
  1. Evidence to the effect that the Vessel has been tendered to and accepted by the charterer.

Vessels may be allowed to Berth, in-berthed at the Facilities ship mooring buoys shall at all times maintain appropriate officers and crew aboard to permit transfer of cargo at anytime of the day or night, including Saturdays, Sundays, and Holidays. In addition, sufficient crew shall be maintained aboard at all times so as to enable the Vessel to vacate a berth if ordered to do so by the Facility.

If, in the opinion of the Facility, weather and/or river conditions warrant, any vessel in any 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.

Should a vessel at the Facility ship mooring buoys find it necessary to discharge or take on ballast, fuel, or water, such operation must be planned in advance so that the loading or discharging operation of cargo will not be affected or delayed. Any loading and/or discharging delays resulting from one of the above mentioned operations will be charged against the vessel at a rate of $2,500.00 for each hour or fraction thereof of the loading or discharging delay.

In the event of berthing congestion, the Facility reserves the right to grant preferences in discharging those vessels in which space is available or engaged, or those vessels ready to be loaded or discharged.

The vessel master is responsible for the vessel docking, undocking, trim, stress and stability. Any docking, undocking or shifting of any vessel, and any delays for same, unless the Facility directly causes these delays, is for the account of the vessel and/or Charterers.

Facility management may require any vessel in berth to work overtime at the vessel’s expense in efforts to relieve current or potential berth congestion. Should a vessel refuse to work overtime in efforts to alleviate berth congestion the vessel may be asked to vacate berth. A vessel refusing to vacate berth as requested by Facility management, for any reason, is subject to a Two Thousand Five Hundred Dollar ($2,500.00) per hour penalty beginning one hour after completion or notification from the Facility. At its option, the Facility may effect the removal of vessel at the Vessels risk and expense.

VESSEL ESTIMATED TIME OF ARRIVAL (ETA)

Vessel agents shall notify the Facility by way of facsimile the vessels current ETA at least seven (7) days prior to arrival, followed by 72 hours prior to arrival and 24 hours prior to arrival.

NOTICE OF READINESS

Vessel NOTICE of READINESS will not be accepted until the vessel is in ALL RESPECTS, ready to be discharged or loaded. This to include but not limited to, the clearance of Customs and Immigration, advance payment of Vessel dockage, opening of hatch covers, and the completion of vessels arrival draft survey.

PRE-TRANSFER CONFERENCE

Upon completion of Customs and Immigration inspections, the vessel Master and/or Chief Officer are to discuss transfer requirements with the contracted stevedoring Supervisor. Prior to cargo transfer, vessel Master and/or Chief Officer must present to the Stevedoring Supervisor the following:

  • Certificate of Hold Cleanliness or Certificate of Readiness issued by the local representative or necessary State and/or Federal Agency.
  • Discharge or load plan
  • Special requirements

DOCKAGE & PORT CHARGES

1. The following charges will be assessed against and be payable by all vessels and barges and shall apply during the time the vessel or barge is anchored or secured within any one of the Facilities ship moorings, whether working or not.

a.) VESSELS OTHER THAN BARGES

The dockage rate at the Facility shall be $0.43 per gross registered ton (GRT) of the vessel for each 24 hour period or fraction thereof that a vessel is in berth,

beginning with first line or anchor and ending with last anchor weighed, whether working or not, with a minimum charge for one full 24 hour period to be assessed against any vessel anchored or secured within the Facility ship mooring sites.

Dockage is calculated basis the ship’s highest GRT as published by Lloyd’s Register of Shipping. Minimum vessel charge shall be $4,000.00 per day.

Prior to vessel berthing, the vessel agent, on behalf of the vessel, its owners and/or Charterers, shall deposit with the Facility the estimated dockage charges due.

b.) BARGES (InlandRiver)

Rates and terms to be negotiated

c.) OTHER CHARGES

All vessel charges and fees assessed by the Port of South Louisiana and any other governmental entity shall be the sole responsibility of the vessel, vessel agent and/or Charterer. The Facility assumes no liability for charges of any nature against any vessel using said ship mooring buoys.

d.)A security fee will be accessed in the amount of $750.00 per dockage day for all vessels loading or discharging at mile 136 or mile 137.

e.)Crew Boat/Launch service shall be provided for pilots, agents, ship’s crew, customers, and other official visitors to vessels in berth. Launch service fee of $750.00 per day will be included in dockage invoices. (Effective April 1, 2005).

f.)Bunker Charges. Bunkers may be permitted by special permission with a surcharge of $3,500.00.

2. MOORING TUGS

Except as otherwise provided herein, all tug service to be used by vessels at Associated Terminals facilities, and must be arranged through Associated Terminals. The Designated Tug Company shall be used for all necessary tug assistance, including vessel docking, undocking, shifting while in berth, or while lying at the berth. Other tug service companies may only be used with the express prior consent of Associated Terminals. Notwithstanding the requirements herein, Associated Terminals shall not be liable for any costs, expenses, damages, or delays caused by the acts or omissions of the Designated Tug Company, the vessel, or the vessel pilot. At certain river stages Associated Terminals reserves the right to require 3 tugs and/or hold in tugs at vessel expense.

All vessels will be required to use 1 tug (minimum) when docking and undocking, no exceptions.

3. LINE HANDLING

$2,950.00 plus fuel surcharge as posted by Cooper / T Smith Mooring.

4. PAYMENT OF INVOICES

All invoices for charges are due and payable in full upon presentation. Failure to pay when presented shall cause the name of the vessel to be placed upon a delinquency list. The Facility reserves all rights it may have, to use any and all lawful means to enforce collection of any amounts due. At the discretion of the Facility, vessel name's that appear on said list may be denied further use of the Facility ship mooring buoys.

The Facility reserves the right to estimate and collect in advance all charges, which may become due and payable. Use of the Facility ship mooring buoys may be denied to any vessel, charterer, or agent until such advance payment or deposits are made.

Any charges or damages owed to the Facility for non-payment shall entitle the Facility to recover any legal fees assumed while endeavoring to recover payment of said charges and damages.

OTHER

In all cases the Facility shall be the sole judge as to the interpretation of the TARIFF. The use of the Facility shall constitute consent to all terms and conditions of this TARIFF and an agreement on the part of all Vessels, and other Users of the Facility to pay all charges specified in this TARIFF.

Vessels and users agree to indemnify, defend and save harmless the Facility from and against any and all claims, losses and expenses (including without limitation all costs, demands, damages, suits, judgements, fines, penalties, liabilities, debts, attorney’s

fees, including those incurred by the Facility in enforcing any provision of this TARIFF, and causes of action of whatever nature of character, whether known or unknown, and

including without limitation claims, losses and expenses for property damage, bodily injury, illness, disease, death, pollution damage and/or cleanup or loss of services, wages, consortium of loss of society) in any way, directly or indirectly, arising out of or related to this TARIFF or any services rendered hereunder by the Facility or provided to the Facility, and which are asserted by or arise in favor of any person or entity or governmental agency including without limitation the Facility, the user or the Vessel or their contractors or subcontractors (and/or any of their spouses, relatives, dependants, or estates or any third party), and hereby release any claims User or Vessel may have against the Facility for any such damages and expressly including without limitation any claims, losses or expenses actually or allegedly caused by the sole, concurrent or partial negligence (of whatever nature or character) fault or strict liability of the Facility or any other person or the unseaworthiness of any Vessel or craft.

The Facility will undertake to furnish all services specified in the TARIFF with reasonable promptness to the extent that it has facilities available and in good working order; however, the Facility is not obligated to furnish services, nor is it liable for failure to do so, for any cause.

FORCE MAJEURE

Should any party be prevented from carrying out its obligation arising out of this agreement as a result of Force Majeure, it shall, upon giving prompt notice to the other party, be excused from the performance of such event and such party shall not be liable for any damages arising out of its failure to perform. Force Majeure shall include, but not be limited to, acts of God, acts of public enemy, insurrections, riots, labor dispute, strikes, labor or material shortage, fire, explosion, floods, high water, low water, storms, fog, embargoes, breakdown or damage to equipment of facilities, or acts of military or civil authority. The failure to settle any labor dispute or strike shall not be considered within the reasonable control of the party suffering the dispute or strike.

Revised: NOVEMBER 1, 2007

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