Port and Marine Service Provider Licence
This licence is issued by Abu Dhabi Ports Company to;
The Licensee
In the port(s) of: All ADPC Ports
To provide services of: Trucking
In consideration of the payment of a fee, ADPC issues this licence to allow the Licensee to carry out the business or provide the service(s) as noted above in accordance with any specific conditions attached to the grant of thisLicence.
Signature: ...... Authorised Signature: ......
For: Abu Dhabi Ports CompanyFor:
Date: XX/XX/XXDate: ......
1.DEFINITIONS AND INTERPRETATION
1.1ADPC:means Abu Dhabi Ports Company PJSC incorporated by virtue of the Emiri Decree with commercial registration number 1004600.
1.2ADPC Licence:means a licence issued by ADPC and any amendment, renewal or reprint thereof and to which theseLicence Conditions apply.
1.3ADPC Rules:means any ADPC byelaws, directions, rules, instructions, regulations or directions of the ADPC Harbour Master, in force from time to time governing the use of or conduct of any Operations at a Port.
1.4Application:means an application for an ADPC Licence and to which these terms and conditions apply.
1.5Applicable Lawmeans:
a) the laws enacted either in the Emirate of Abu Dhabi or by the Federal legislature of the UAE;
b) the regional and/or international laws that the UAE is a signatory to;
c) any other relevant laws, decrees and/or regulations that relate to or govern any of the matters referred to in these Port Rules; and
d) all regulations, orders, codes of practice or delegated or subordinate legislation made under the items specified in a), b) and c).
1.6Licence Conditions: means these ADPC Licence Conditions and any additional specific licence conditions for particular Operations that ADPC may impose on a Licensee.
1.7Licensee: means the person to whom an ADPC Licence is issued or any applicant for such a licence.
1.8Operations: means the services, works, business and/or any activities which the Licensee is permitted to supply, provide, perform or carry out under an ADPC Licence.*
1.9Port: means a port, including port waters or terminal within the management, ownership or control of ADPC.
1.10Relevant Authority:means any relevant competent UAE government and/or local authority, ministry, body or tribunal having jurisdiction or responsibility for any permits, approvals, authorizations, licenses which a Licensee must obtain to conduct business or Operations in the UAE, Abu Dhabi or Port.
1.11UAE:means the United Arab Emirates
1.12References
1.12.1Words importing the singular number include the plural and vice versa.
1.12.2Words referring to the masculine also refer to the feminine.
1.12.3Reference to a person includes reference to a sole proprietor, partnership, company or other form of business or organization.
1.12.4Reference to a person’s employee shall be deemed to include reference to such person’s servant, agent, contractor, subcontractor, representative and any person over whom the first-mentioned person exercises real or ostensible authority.
1.12.5References to clause are for reference only and shall not be taken into consideration in the interpretation of the Licence Conditions.
* See Appendices for any specific conditions
2.LICENSEE’S CONTRACT
2.1These Licence Conditions shall not prejudice the obligations and responsibilities of the Licensee under Applicable Law, ADPC Rules oranycontract entered into between the Licensee and ADPC and the Licensee shall at all times fully comply with the provisions of such contracts and ADPC Rules, which shall prevail over the Licence Conditions in the event of any conflict.
2.2If the Licensee has a contract with a person other than ADPC in respect of the Operations (“Non-ADPC Contract”), the Licensee shall fully comply with the ADPC Rules and Licence Conditions notwithstanding any provision in the Non-ADPC Contract.
3.APPLICATION AMENDMENT AND RENEWAL
3.1To apply for an ADPC Licence, the Licensee shall submit to ADPC a duly completed application form, any application fees and any other documents required by ADPC.
3.2ADPC may in its discretion require the Licensee to amend any particulars submitted in the application form.
3.3The Licensee shall at its expense procure and submit to ADPC any other permits, approvals and licenses required at law, by a Relevant Authority or ADPC.
3.4The Licensee undertakes that all information supplied to ADPC shall be current, complete and accurate and shall promptly inform ADPC in writing of any changes or updates to such information.
3.5If the Licensee alters the nature or scope of its business activities or company or undergoes any change which adversely affects or may adversely affect its ability to carry out the Operations or comply with the ADPC Licence, then the Licensee shall promptly inform ADPC and ADPC reserves the right in its discretion to terminate, revoke or amend the ADPC Licence.
3.6ADPC may at its discretion and without giving any reason reject any Application or refuse to amend or renew the ADPC Licence without the refund of any fees paid.
4.FEES AND OTHER PAYMENT
4.1The applicant shall pay to ADPC any application fees and any other relevant fees for the application, issue, amendment and renewal of the ADPC Licence.
4.2When a licence is renewed the Licensee will be liable to pay an annual Licence fee published by ADPC.
4.3If any fee has not already been paid, such fees shall be due and payable upon demand by ADPC.
4.4Any bank charges, local taxes, duties or other charges that are incurred or imposed as a result of the grant of an ADPC Licence or conduct of the Operations shall be payable by the Licensee.
5.USE OF ADPC LICENSE AND LICENSEE’S UNDERTAKINGS
5.1The ADPC Licence shall be valid for a period of 12 months unless earlier terminated or revoked by ADPC in which event the ADPC Licence shall cease on the date termination or revocation.
5.2ADPC reserves the right at any timeto change, amend or update the Licence Conditions.
5.3The Licensee undertakes that it shall at all times during the validity of the ADPC Licence be duly incorporated and organised and be validly existing under the laws of its jurisdiction and have full power to conduct its business and carry out the Operations in the Emirate of Abu Dhabi and hold anylicence, permit or approval entitling it to do so.
5.4The ADPC Licence and the Licensee’s rights granted hereunder are non-exclusive, non-transferable and non-assignable. Only the Licensee may use the ADPC Licence and only for the specific purpose for which the licence is issued.
5.5The Licensee shall at its expense procure any other permits, approvals, certificates and licenses required by any Relevant Authority under Applicable Law or ADPC Rules to carry out its Operations and provide copies to ADPC.
6.OPERATIONS
6.1The Licensee shall ensure that all Operations carried out in ADPC ports are in compliance with ADPC Rules and meet the standards or comply with the codes of practice appropriate to the activity being undertaken as may be promulgated by International, National or a Relevant Authority.
Without prejudice to any provision herein, ADPC reserves the right at any time and its discretion to vary the program, scope, time and/or mode of the Operations to take into account safety considerations, terminal constraints or for any other reason and to issue any instructions, directions and explanations in respect of the Operations and the Licensee shall comply with all such variations, instructions, directions and explanations at its expense.
7.TERMINATION AND REVOCATION
7.1The ADPC Licence may be terminated or revoked with immediate effect by ADPC upon the occurrence of the following events:
7.1.1where the Licensee has breached any term of the Licence Conditions;
7.1.2where the Licensee’s performance of the Operations is or has not been satisfactory;
7.1.3the winding-up, insolvency, administration, dissolution, bankruptcy, appointment of a liquidator, receiver, administrator, trustee or similar officer of the Licensee or anything analogous or having a similar effect to any of the events specified in this paragraph.
7.2Upon the expiry termination or revocation of the ADPC Licence, the Licensee shall surrender to ADPC the ADPC Licence, cease all Operations and remove all equipment, gear, vessels and vehicles and any other items belonging to the Licensee that pertains specifically to this licence from the Port.
7.3The expiry termination or revocation of the ADPC Licence shall be without prejudice to any rights accrued by ADPC in respect of any breaches of the Licensee or otherwise up to such expiry termination or revocation.
8.GENERAL
8.1ADPC may add, amend or otherwise vary the Licence Conditions and such additions, amendments and variations shall be deemed incorporated into the Licence Conditions.
8.2The rights and remedies of ADPC under the Licence Conditions are cumulative and not exclusive of other rights and remedies available to ADPC at law.
Appendix 1
1. TRUCK LICENSE FOR
1.1 This License and all benefits, concessions and privileges associated with it is only valid for use in the conduct of Abu Dhabi Ports related business. Any misuse of this License or benefits derived there from will be grounds for immediate termination of the License.
2. THE LICENSEE
2.1The Licensee must be a fit and proper person, or if the applicant is a company or a partnership, the directors and shareholders or the partners as the case may be, must be fit and proper persons to carry on the business.
2.2 The Licensee will, by his registration, contribute to the efficiency and viability of the Port and ensure continuity of service.
2.3 The Licensee must provide ADPC with documentary evidence that they have adequate liability insurance as per Clause 2.5 (b) of this appendix.
2.4 The Licensee must abide by Applicable Law and the ADPC Rules, and any other instructions as provided by an authorized representative of ADPC or relevant Terminal Operator.
2.5 The Licensee will use only Approved Vehicles, for the delivery, pick up, or movement of goods into, within, and out of ADPC ports and for no other purpose whatsoever. Only approved Vehicles may operate under this License. “Approved Vehicle” means a tractor or other road transportation equipment that meets all of the requirements of this Licence.
Notwithstanding the foregoing, the Authority reserves the right at all times and from time to time, in its sole discretion, to determine if any tractor or other road transportation equipment is an Approved Vehicle for the purpose of this Licence Agreement, which determination may be made arbitrarily.ADPC’s decision in this regard will be final and binding on the Licensee.
2.6 The Licensee must settle all port dues, levies and fees within the specified due date, and in default, the license may be suspended or revoked.
2.7The Licensee or his representative shall at all times be readily contactable.
2.8The Licensee must perform the services diligently, safely and without deliberate or undue delay.
2.9 The Licensee must ensure that every driver and every occupant of every Approved Vehicle has a valid Port Pass and all necessary licences and authorizations to operate the Approved Vehicle and access ADPC ports.
2.10 All assets used by the Licensee must be of sufficient quality as prescribed by Abu Dhabi, national and international standards to handle its relevant operations within ADPC ports.
1 / ADPC Licence Conditions