ASSOCIATED MARINE ANCHORAGE OF ST. JOHN, L.L.C.
DOCK/BERTHING TARIFF NO. 1
Effective November 1, 2007
I. Application for Berth
A. All vessels (as used herein the term "vessel", unless specifically
indicated to be otherwise, includes the vessel, her owners, operators, managers,
charterers, masters and/or agents) desiring berth at the facility shall file with the
Associated Marine Anchorage of St. John, L.L.C. office in Reserve, La., between 8:00
A.M. and 5:00 P.M., Monday through Friday, Saturday, Sundays and holidays excluded, an application, to be made on the "Application for Berth" form supplied by Associated Marine Anchorage of St. John, L.L.C. The fully executed and filled out "Application for Berth" shall constitute a contract between the vessel and Associated Marine Anchorage of St. John, L.L.C., (hereinafter referred to as "AMA") only when accepted by AMA. AMA may accept the application for berth either by separate writing or by assigning berth to the vessel.
The fully executed Application for Berth, together with this Tariff No. 1 and AMA rate sheet No. 1 shall constitute the contract between AMA and the vessel.
B. AMA shall have the right to assign vessels to berth, in its sole discretion, for whatever reasons, in whatever order it determines to be desirable. In no event shall AMA be liable for lay time, demurrage, detention, dispatch, or damages of any kind for delay, loss of charter hire, extra charter hire payments, loss of profit, loss of market, business or economic loss or any sort of consequential damages, except and unless AMA specifically agrees to do so in a separate writing pertaining to a specific vessel, executed by a duly authorized representative of AMA. In general, vessels will be assigned a berth in the chronological order in which they file with the AMA office a fully completed "Application for Berth".
C. An Application for Berth must be accompanied by the following documents before it can be accepted by AMA:
1. Certificate of Readiness in all compartments issued by a local representative of the National Cargo Bureau, Inc.;
2. Copies of Vessel Gear Certificates as required by Title 29, Chapter XIII, Part 1504 of the Federal Register, as may be amended or modified by the United States Department of Labor;
3. Evidence to the effect that the vessel has been entered at the United States Customs House; and
4. Evidence to the effect that the vessel has been tendered to and accepted by
charterer when applicable.
AMA may, in its sole discretion, waive all or any part of the above requirements.
II. Berthing Practices
A. In the event AMA, in its sole discretion, agrees to waive any part of the required Certificates or Evidence as set forth above, and the vessel is allowed to tie up at the berth prior to AMA having received all the above Certificates and Evidence; if, the vessel fails to supply such Certificates and/or Evidence prior to loading/unloading, the vessel must immediately vacate the berth if ordered to do so by AMA. Any vessel so ordered to vacate the berth will, if requested by AMA, return to berth after the vessel loading or unloading immediately thereafter, if any, completes loading or unloading or vacates the berth for other reasons, provided the aforesaid circumstances requiring the vessel to vacate the berth are determined by AMA no longer to exist.
Should such vessel fail or decline to vacate the berth upon request of AMA, then such vessel shall be subject to the liquidated damages set forth in Section II (H) for not vacating the berth when ordered to do so by the AMA management, without waiver of any other rights AMA may have in the circumstances then existing.
B. When one or more vessels are waiting to load/unload whenever or the
berth is determined by AMA to be threatened with congestion, AMA may, in its sole
discretion, require the vessel to work overtime at the vessel's sole cost and expense.
Any vessel then in berth which refuses to work overtime shall, upon order of AMA,
immediately vacate the berth. Should the vessel fail to vacate the berth when ordered
to do so, the vessel will be subject to the liquidated damages set forth in Section II (H)
for not vacating the berth when ordered to do so by AMA. Any vessel refusing
to work overtime, shall , in addition to any liquidated damages, or other actions by
AMA, lose its turn in favor of the next vessel that is willing to work overtime, which
vessel shall retain the berth so long as they are willing to work successive straight
time and overtime periods until, loading or unloading is completed. The vessel so
losing its turn may, subject to AMA right and its sole discretion to alter berthing
arrangements, return to the berth first available thereafter, subject to the same
overtime provision set forth above.
C. Should High Water conditions apply as defined herein, then all vessels entering AMA’s berth shall be required to be assisted by three (3) adequate tugs with two (2) tugs being placed on the port side of the vessel and one (1) tug to be placed on the starboard side of the vessel. All tugs shall assist any arriving vessel until released by the compulsory pilot.
D. The vessel shall vacate the berth within one hour of completion of loading or unloading. Should any vessel fail to vacate the berth within this allowed time, the vessel will be subject to liquidated damages set forth in Section II (H).
E. AMA, in its sole discretion, may alter the turn of vessels to be loaded/unloaded when, in its sole judgment, for any reason, this is in the best interest of AMA operations.
F. Whenever a vessel is ordered to leave the berth for any reason, the vessel shall immediately (1) move from the loading berth at the owner's expense, and (2) acknowledge receipt of the cargo received on board by signing an original ship's receipt.
G. The vessel will insure that the vessel will be loaded/unloaded so that she remains in safe and seaworthy trim throughout the loading/unloading operation to permit shifting out of the berth, should it become necessary, when and if ordered. In the event the vessel shall not promptly leave the berth when so ordered, any costs, attorneys fees, or expenses in connection with the moving of the vessel shall be for the account of the vessel, and the vessel shall be liable for liquidated damages for the period it remains at berth after notice to vacate as provided in Section II (H) of this Tariff.
H. AMA shall have the right, in its sole discretion, for any reason it shall determine desirable, without waiver of any other rights AMA may have, to order, without cause, the vessel to vacate the berth at any time. Should the vessel fail to vacate the berth, the vessel shall pay, upon demand, the sum of $2,500.00 per hour or a fraction thereof as liquidated damages. Such damages will commence one hour after AMA issues its order to vacate the berth and shall be assessed continuously until the vessel physically vacates the berth. In addition, all costs and expenses in connection with the moving of the vessel, but not limited to attorneys fees and expenses incurred by AMA, shall be for the account of the vessel.
I. During the course of the loading/unloading operations, should the loading/unloading operation cease or be interrupted for any reason, including but not limited to emanation of objectionable odor, smoke, soot or other material, pollutant or contaminant, emanating from the vessel's compartments or due to the condition of the vessel's suitability to receive or discharge cargo, the vessel shall immediately: (1) Move from the loading berth at the vessel's sole expense, and (2) acknowledge receipt of the cargo on board by signing an original ship receipt.
J. The vessel shall be responsible for any and all damages to the berth facility or suppliers by reason of the vessel's failure to vacate the berth when ordered.
III. General Regulations
Interpretation of this Tariff's terms and conditions shall be the sole province of AMA.
A. AMA shall not be liable for lay time, demurrage, detention, dispatch, or damages of any kind for delay, loss of charter hire, extra charter hire payments, loss of profit, loss of market, business or economic loss, or any sort of consequential damages incurred by any vessel for any cause, including the negligence, sole or concurrent of AMA, unless and except AMA shall specifically agree to be responsible therefor, in a separate writing, pertaining to a particular vessel, signed by a duly authorized representative of AMA.
B. The vessel shall inspect and supervise, continuously, all cargo loading or unloading operations, shall be in charge thereof, and shall have sole responsibility for any damage to property or persons resulting therefrom.
C. AMA shall not be responsible for marine loss or damages to cargo, barges, ships or other water borne vessels at the berth facility or in the vicinity thereof.
D. AMA shall not be responsible for lay time, demurrage, detention, dispatch or damages of any kind for delay, loss of charter hire, extra charter hire, loss of profit, loss of market, business or economic loss, or any sort of consequential damages, regardless of how same shall be caused, and whether said loss is caused by the negligence sole or concurrent of AMA.
E. Vessels berthed at AMA facility shall at all times maintain appropriate officers and crew aboard to permit loading or unloading of cargo at any time of the day or night including Saturdays, Sundays or holidays, and to move the vessel safely in and out of the berth.
F. If, in the sole opinion of AMA, whenever river conditions so warrant, any vessel in berth may be ordered at any time of day or night, to vacate said berth and anchor in an approved anchorage area until such time as conditions permit the vessel to return to berth. Appropriate officers and crew shall be maintained aboard for this purpose. In the event additional tugboats are required, this additional expense shall be for the vessel's account. If, in the opinion of AMA, conditions so warrant, the vessel may be required to use additional tugboats when arriving, departing or lying at berth, and the expense of such additional tugboats shall be for the sole account of the vessel.
G. Requests from the vessel for overtime work by AMA must be made in writing to AMA prior to 3:00 P.M. of the straight time working day preceding the overtime working day requested.
H. Any and all shifting costs, into and out of the berth, whether under the provisions set forth above or otherwise, shall be for the vessel's sole account.
I. The vessel shall not "blow out tubes" or discharge, soot, liquid or solid waste, pollutant, or contaminant in the vicinity of the berth site. Liquidated damages of $5,000 for AMA response shall be paid by the vessel, and the vessel shall be liable for any pollution or response cost, cleanup or remediation cost or any other costs or expenses so occasioned.
J. When bagging, strapping, bundling or other similar cargo operations are necessary, the vessel may, at the sole discretion of AMA, be ordered to vacate the berth at its own expense.
K. Any delay in loading or unloading resulting from vessel operations or otherwise caused by the vessel for any reason, shall result in imposition of liquidated damages of $2,500.00 for each hour of loading and discharge delay. Should a vessel at the berth facility find it necessary to load or discharge ballast, to fuel, take on fresh water, or other operations, such operations must be planned sufficiently in advance so that loading or unloading of the vessel will not be delayed.
L. Any and all charges, costs, fines, penalties levied by any federal, state or local governmental agency on account of, because of, caused by, or in any way connected with the vessel, shall be paid by the vessel, and as to any such charges, costs, fines or penalties imposed on AMA by reason of the foregoing, the vessel shall indemnify AMA therefor.
M. Pursuant to regulations promulgated by the United States Department of Labor, Bureau of Labor Standards, require that gangways/ladders must meet particular standards. It is necessary that all vessels must comply in all respects with these regulations while in berth.
N. Under Annex V of the International Convention for the Prevention of Pollution From Ships (Marpol), a vessel desiring to discharge oily waste shall arrange for the discharge with the company approved by the Captain of the Port, United States Coast Guard. Under Annex V for the International Convention for 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) meeting the requirements set forth in 7 CFR 330 and 9 CFR 94 as amended or modified.
IV. Charges and Responsibility for Charges
A. Docking Charges. Subject to the terms and conditions of this Tariff, and Rate Sheet No. 1, docking charges shall be assessed on all deep draft vessels at the facility operated by AMA. Charges shall be assessed continuously and without interruption for each 24 hour period, or fraction of a day thereof, commencing on the arrival at the facility and ending on a departure from the facility.
B. Barge Fleeting. At the request of those loading/unloading the vessel to AMA, arrangements may be available for the fleeting and switching of barges. Current fleeting and switching rates at the time of usage shall be applicable.