Les Moulins d’Haiti, SEM,
Laffiteau Route Nationale #1
Haiti
Tel +509 28.13.01.11, 28.13.01.12, 28.13.01.13, 28.13.01.14, 28.13.01.15
Email address: lmh@lmh-ht.com
Dock Tariff No. 1
Rates, Rules and Regulations
Effective: January 27th, 2010
Index
ITEM RULE
DESCRIPTION
A)
NOTICE TO PUBLIC
4
B)
1
2
3
4
5
6
7
8
9
10
11
12
HANDLING OF VESSELS/BARGES
Berth Application
Notice of Readiness
Berth Assignment
Discharge Port Agency
Arrival Notices
Live Infestation
Berthing Discretion
Change of Turn/Scheduling
Gangway, Lights, Crew
Right reserved to refuse Grain/Merchandise
Vessel specifications
Cargo Limitation
5
6
7
7
7
7
7
8
8
9
9
9
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
GENERAL REGULATIONS
Contract
Liability
Responsibility
Security
Strikes/Disruptions of operations
Opening/Closing of Hatches
Bunkering
Freshwater
Electricity
Taut Lines
Blowing out Tubes
Abusive use of Dock Equipment
Tug Assistance
Fire
Seaworthy Trim
Vessel/Barge work/repairs
Delivery of Stores
Vacating the Berth
Un-bagging/Un-strapping
Garbage
C)
PAGE
9
10
10
10
10
10
10
11
11
11
11
11
11
11
12
12
12
12
13
13
13
2
ITEM RULE
DESCRIPTION
PAGE
21
22
23
24
Oily Water/Ships Waste Disposal
Tug and Barge
Governing law and jurisdiction
Maritime lien
13
14
14
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
CHARGES
LMH Port Fee
Dockage
Pier usage
Liquidated Damages
‘Liner Out’ Stevedoring
Labor Hours
Continuous Vessel/Barge unloading
Overtime
Right to refuse overtime work
Overtime Deadline
Standby and Lost Time
Holidays
Demurrage, Delays and Waiver of Charges
Interest Charges
Mooring/Unmooring and Shifting
Special Arrangements/Ancillary services
Destination/Storage/Storage rates
Payment of Invoices
Delinquent Accounts
Charges not provided for herein
Port Expenses
Summary of Charges
14
14
14
15
15
15
16
16
16
16
16
16
17
17
17
17
18
18
18
18
18
19
D)
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A) NOTICE TO PUBLIC
SPECIAL NOTICE TO USERS OF LES MOULINS D’HAITI: DUE TO THE RECENT
EARTHQUAKE AND CONTINUING AFTERSHOCKS, LES MOULINS D’HAITI
MAKES NO REPRESENATION OR WARRANTY, EXPRESS OR IMPLIED, AS
TO THE CONDITION OF ITS FACILITIES, BERTH, PIER, SURROUNDING
WATERS OR OTHERWISE, OR THE ABILITY OF ANY VESSEL OR BARGE
TO DISCHARGE OR RECEIVE CARGO OF ANY KIND. VESSELS/BARGES,
THEIR OWNERS, OPERATORS, CHARTERERS, MANAGERS, AGENTS AND
INSURERS ARE ADVISED THAT USE OF THE FACILITIES OF LES MOULINS
D’HAITI IS AT THEIR OWN RISK AND LES MOULINS D’HAITI ACCEPTS NO
RESPONSIBILITY FOR ANY DAMAGE OR LOSS, OF ANY KIND, TO ANY
VESSEL/BARGE, OR THEIR OWNER, CHARTER, OPERATOR, MANAGER,
OR AGENT, OR THEIR EMPLOYEES, CREW OR REPRESENTATIVES, OR
THEIR PROPERTY. IN ADDITION TO THE FOREGOING, USE OF THE
BERTH, FACILITIES AND SERVICES OF LES MOULINS D’HAITI ARE
GOVERNED BY THE PROVISIONS OF THIS TARIFF.
This Dock Tariff Number 1 (the “tariff”), effective as of January 27, 2010, published and
posted by Les Moulins D’Haiti, is due notice to all users of the Les Moulins D’Haiti,
berth, facilities and services that the rates, charges, rules and regulations herein apply to
all such users of the berth, facilities and services without specific notice, quotation to or
arrangement with such users, except as may hereinafter be specified. The use of the Les
Moulins d’Haiti berth, facilities and services, as mentioned herein, shall constitute
complete consent and agreement to the terms and conditions of this tariff, without
limitation, and evidence of an agreement on the part of all users of the Les Moulins
D’Haiti, berth, facilities and services to pay all charges specified herein and be governed
by all items, rules and regulations stated in this tariff.
The rates, charges, items, rules and regulations set forth in this tariff and any additions,
revisions or supplements thereto, shall apply to all vessels/barges berthed, their owners,
operators, managers, and agents, all users of facilities and services, and all cargoes
received at Les Moulins D’Haiti, on or after the effective date of this tariff, or effective
dates of additions, revisions or supplements thereto.
Les Moulins D’Haiti shall have all remedies available to it at law, in equity or under
maritime law, in any jurisdiction, to enforce the rules and regulations of this tariff and to
collect all sums, charges and damages due under this tariff, including but not limited to a
maritime lien against vessel(s)/barge(s) for such charges or damages. In the event of any
legal proceedings to enforce any provision of this tariff, or to recover any, sums charges
or damages due under this tariff, Les Moulins D’Haiti, shall be entitled to recover all of
its expenses incurred in such proceedings, including attorney’s fees and costs, including
in any trial court and on any appeal.
4
Vessel(s)/barge(s), their owners, operators, managers and any other user of the Les
Moulins d’Haiti berth, facilities and services agree to defend, indemnify and save
harmless Les Moulins d’Haiti, its, contractors, agents, subsidiaries and affiliated
companies, their officers, agents, servants, and employees from and against all damages,
losses, claims, demands, and suits for damages, including injury or death to persons, and
including but not limited to court costs and attorney fees, arising or resulting from, or
relating in any way to, in whole or part, from their operations on the property of Les
Moulins d’Haiti and/or use of the berth, facilities, and services of Les Moulins d’Haiti,
its contractors and affiliated companies.
All vessels/barges, their owners, operators, managers and agents, shall be fully
responsible for all damage, of any kind, resulting from, or relating to, in whole or part,
from their use of the Les Moulins d’Haiti berth and facilities. Les Moulins d’Haiti
reserves the right to repair or contract for the repair of such damage, for the account of
said vessel(s)/barge(s), their owners, operators, managers and agents. Payment for all
repairs or damages caused shall be due on demand. Les Moulins d’Haiti may detain any
vessel/barge or other watercraft responsible for damage until security has been given in
the amount of the damage. Les Moulins d’Haiti may, in its sole discretion, condition use
of its berth, facilities or services on the posting of advance security in the form of a bond
or equivalent, or such other manner approved by Les Moulins d’Haiti, as a guarantee of
payment for the use of its berth, facilities or services, or potential damage thereto.
Requests and complaints relating to rates, rules and regulations contained in this tariff
must be made in writing to the offices of Les Moulins d’Haiti.
Les Moulins d’Haiti shall be the sole judge as to the interpretation of this tariff.
All rates are subject to change without prior notice.
B) HANDLING OF VESSELS/BARGES
1. BERTH APPLICATION
All vessels/barges scheduled to discharge cargo at Les Moulins d’Haiti shall a) If the berth is available, enter the berth, comply with the requirements stated in
this tariff, and other applicable laws and regulations.
b) If the berth is unavailable wait outside at a safe customary waiting area or at a
position as instructed by the authorities, and comply with the requirements
stated in this tariff.
c) Present written proof that the vessel and its charterer, as applicable, are
entered in a reputable P&I Club, or maintain equivalent insurance, approved
by Les Moulins d’Haiti. Such written proof shall include language that the
P&I Club or underwriter is aware and approved that vessel/barge’s docking at
Les Moulins d’ Haiti or, alternatively, provide a bond to Les Moulins d’ Haiti
in an amount and form acceptable to Les Moulins d’ Haiti.
5
All vessels/barges, their owners or agents desiring to berth at Les Moulins d’Haiti
shall file with the office of Les Moulins d’Haiti, between 0800 and 1600 hours on
Monday through Friday and between 0800 and 1200 hours on Saturdays, Sundays
and holidays excluded, an Application for Berth on forms supplied by Les
Moulins d’Haiti. This application will contain the warranties that the vessel/barge
has already, or will prior to berthing:
a) Be entered at the Haitian Customs House and Autorité Portuaire Nationale
(APN)
b) Have all applicable certificates required for the vessel, and maintain the vessel
generally and its operation in compliance with applicable laws and
regulations, including but not limited to the cargo handling gear, if any, is in
safe working order
c) That all compartments and holds, if any, are properly ventilated such that
workmen may safely enter any such compartment or hold.
d) Such other requirements as provided for in this tariff or otherwise required by
Les Moulins d’Haiti.
For breach of any of these warranties, the vessel/barge, its owner and the master
agree to defend, indemnify and reimburse Les Moulins d’Haiti for and against any
claim, suit, or loss Les Moulins d’Haiti may suffer, and the result of such breach.
2. NOTICE OF READINESS
Notification of vessel’s/barge’s readiness to discharge shall be delivered in
writing at the office of Les Moulins d’Haiti between 0800 and 1600 hours on
Monday through Friday and between 0800 and 1200 hours on Saturdays, Sundays
and holidays excluded. Such Notice of Readiness shall be delivered when
vessel/barge is in the Les Moulins d’Haiti berth and is in all respects ready to
discharge, including Free Practice, with hatch(es) open, weather permitting. If the
Les Moulins d’Haiti berth is unavailable, the master may tender vessel’s/barge’s
Notice of Readiness from a lay berth, customary anchorage or position as
instructed by the authorities. In that case, if applicable, shifting into berth shall not
count as laytime until vessel is tied up at the berth of Les Moulins d’Haiti and in
all respects ready to discharge.
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3. BERTH ASSIGNMENT
Except as otherwise provided in Item B Rule 7, Rule 8, and Rule 11 or as
otherwise may be provided for in this tariff, vessels/barges shall be assigned a
berth in the chronological order in which all of the following have been filed with
the office of Les Moulins d’Haiti.
a) The Berth Application as stated above
b) The Notice of Readiness of the vessel/barge.
4. DISCHARGE PORT AGENCY
Every vessel/barge is required to appoint
AGENCES MARITIMES REUNIES S.A. (AGEMAR)
P.O. Box 1097
Port-au-Prince, Haiti
Mr. Edouard Baussan
Tel + 509-223-1895
Fax + 509-222-2341
Telex 20102 AWB:BAUSSAN
Cable BAUSSAN
Email ebaussan@agemar.com
as port agent unless advised differntly by Les Moulins d’ Haiti. All vessel/barge
clearances by authorities will take place at the port of Port-au-Prince unless
advised differently by Agemar or Les Moulins d’ Haiti. Upon receipt of master’s
Notice of Arrival at the port of Port-au-Prince and vessel/barge having been
cleared by Haitian authorities, Agemar will file the Berth Application on
vessel’s/barge’s behalf, as vessel’s/barge’s agent, with Les Moulins d’Haiti. The
destination of the cargo is the berth of Les Moulins d’Haiti in Laffiteau. Owner or
master may appoint a ‘protective agent’, however, all collections and
disbursement of funds, berth applications, notices, official business, vessel/barge
clearances, etc. must be performed by Agemar unless advised differently by Les
Moulins d’ Haiti. However, approval of Berth Applications and Vessel/Barge
Specifications (see Rule 11) is solely at the discretion of Les Moulins d’ Haiti and
must be confirmed, in writing, directly be Les Moulins d’ Haiti.
5. ARRIVAL NOTICES
The vessel/barge and/or owner shall give 7, 5, 3, 2 days notice of ETA and 24, 12,
6 hours definite arrival notices to Agemar. Thereafter additional notices shall be
given if the definite arrival changes by more than one hour.
6. LIVE INFESTATION
All grain cargoes to be discharged at Les Moulins d’Haiti must have been
fumigated at the load port and/or during transit. The vessel/barge, master or owner
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shall provide Les Moulins d’Haiti and/or Agemar with a copy of a Fumigation
Certificate prior berthing, indicating the type of fumigant used, type of
application, dosage and exposure duration. All cargo shall be free of live
infestation. Should the cargo be infested, Les Moulins d’Haiti shall not be
obligated to receive same in infested condition. If the grain is infested upon arrival
at Les Moulins d’Haiti, all compartments containing cargo shall be fumigated by a
certified applicator with aluminum phosphide fumigants, approved by the
management of Les Moulins d’Haiti, at vessel’s/barge’s expense and in
vessel’s/barge’s time. Any labor standby time, plus 20 percent, on account of such
infestation, shall be for the account of the vessel/barge. Vessel(s)/barge(s) may be
required to vacate the berth, immediately at the request, and at the sole discretion
of Les Moulins d’Haiti.
7. BERTHING DISCRETION
At the sole discretion of Les Moulins d’Haiti, and after having been cleared for
entry by Haitian authorities, vessels/barges may be allowed to tie up at the Les
Moulins d’Haiti berth prior to submitting the required berthing documents
specified in this tariff. In such case, if said vessel/barge fails to supply all
required documentation prior to intended commencement of discharge,
vessel/barge must immediately vacate the berth if requested to do so by the
management of Les Moulins d’Haiti. Any vessel/barge so ordered to vacate the
berth is not guaranteed return to the berth at any specific time or in a specific
order and shall be subject to berthing assignment of Les Moulins d’Haiti, in its
sole discretion. Should such vessel/barge fail or decline to vacate the berth, then
such vessel/barge will be subject to the conditions, charges, and damages outlined
under ‘Liquidated Damages’, Item C), Rule 2., for not vacating the berth when
ordered to do so by the management of Les Moulins d’Haiti. Any labor standby
time, plus 20 percent, on account of failing to submit documents, shall be for the
account of the vessel/barge. In addition to any other remedy provided in this tariff
or under applicable law, Les Moulins d’Haiti, may in its sole discretion, take such
action to remove any vessel/barge failing to vacate the berth immediately upon
request. All costs of removal, and all costs incidental thereto, including but not
limited to damage or loss, shall be for the account of the vessel/barge, their
owners, operators, managers and agents, and Les Moulins d’Haiti shall not be
liable for any costs relating to vessel/barge removal or any damage or loss caused
thereby.
8. CHANGE OF TURN/SCHEDULING
Les Moulins d’Haiti, in its sole discretion, may alter the turn of vessels/barges to
be discharged, whether berthed or not, when, in the judgment of management, this
is in the best interest of the operations of Les Moulins d’Haiti.
Priority will be given:
- First, to vessels bringing grain/flour/own equipments for Les Moulins d’Haiti
8
-
Second, to fast unloading vessels such as ro-ro type of vessel but only if such
cargoes are already on wheels,
Dockage, as provided in this tariff, shall be assessed only for the time period
while vessel/barge occupies the berth.
9. GANGWAY, LIGHTS, CREW
Upon berthing, vessels/barges shall immediately and at all times provide a safe
and adequate gangway from the vessel/barge to the dock, adequate lighting
equipment, and appropriate officers and crew aboard to permit discharge of cargo
at any time of day or night, including Saturdays, Sundays and holidays. Failing
this, Les Moulins d’Haiti may order the vessel/barge to vacate the berth for
safety’s sake. Should any vessel/barge refuse to vacate, it will be liable for
damages as outlined under ‘Liquidated Damages’, Item C), Rule 2 .
10. RIGHT RESERVED TO REFUSE GRAIN/CARGO
Les Moulins d’Haiti, in its sole discretion, reserves the right to refuse to receive
without responsibility attaching for any loss, damage or demurrage that may be
incurred, any grain/cargo which, in the sole judgement of Les Moulins d’Haiti, is
unfit for discharge, out of condition or becoming so or hazardous material.
11. VESSEL/BARGE SPECIFICATIONS AND DISCHARGE PLANS
As part of the berth application process, all general cargo, container and RoRo
vessels/barges must provide, in writing, vessel/barge specifications (a general
arrangement diagram), cargo/axle weights, and a detailed plan how the
vessel/barge will berth and discharge cargo, including specific procedures and
details on handling equipment to be used and processes to be followed, subject to
approval by Les Moulins d’Haiti. Les Moulins d’Haiti reserves the right to reject
any such plans in its sole discretion.
12. CARGO LIMITATION
Any cargo and handling equipment deemed over safe weight, unfit or unsafe by
Les Moulins d’Haiti, at its sole discretion, will not be allowed to discharge. In no
cases will maximum weight of a concentrated load of more than sixteen (16)
metric tons per axle be allowed.
C) GENERAL REGULATIONS
1. CONTRACT
Upon filing of the Berth Application or upon the vessel/barge entering berth,
whichever earlier, a contract shall be deemed to have been entered into between
Les Moulins d’Haiti and the vessel/barge, its owner, master, and agent, who agree
to abide by the charges and regulations of this tariff.
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2. LIABILITY
All vessels/barges approaching and docking at the berth of Les Moulins d’Haiti
proceed at their own risk and expense. Les Moulins d’Haiti shall not be liable for
demurrage, damages for delay, detention, or loss of despatch time incurred by any
vessel/barge, owner, vessel/barge charterer, shipper, or any other party for any
cause, nor shall Les Moulins d’Haiti be in any way liable for insistence on, or
adherence to any provisions of this tariff.
3. RESPONSIBILITY (For commodities owned or acquired by Les Moulins d’Haiti
only). The responsibility of Les Moulins d’Haiti, for the grain/merchandise to be
discharged, shall be deemed to commence when grain/merchandise enters the
elevating leg/premises.
4. SECURITY
Les Moulins d’Haiti will use its best efforts to provide security within its
facilities. Vessel(s)/barge(s), their owners, charterers, operators, managers and
agents are responsible for providing security on and around the vessel/barge and
beyond the weighbridge.
5
STRIKES/DISRUPTIONS TO OPERATIONS
If civil unrest, security breach, weather, strike or other labor disturbance involving
a vessel/barge at berth or waiting for a berth (whether by the vessel’s/barge’s crew
or otherwise) will, in the sole judgement of Les Moulins d’Haiti management, tie
up or impede operations at the dock, Les Moulins d’Haiti may order such
vessel/barge out of berth or refuse to accept it at the berth. Should any
vessel/barge refuse to vacate the berth, it will be liable for damages as outlined
under ‘Liquidated Damages’, Item C), Rule 2. Les Moulins d’Haiti may remove
any vessel violating an order to vacate the berth as set forth in Item B, Rule 7, or
as otherwise provided in this tariff.
6
OPENING/CLOSING OF HATCHES
All opening and closing of vessel’s/barge’s hatches shall be performed by the
vessel’s/barge’s crew, at vessel’s/barge’s expense and in vessel’s/barge’s time.
The vessel/barge is allowed a maximum of fifteen (15) minutes to open a hatch
from which Les Moulins d’Haiti shall discharge. Any labor standby time, plus 20
percent, after the expiration of the allowed fifteen minutes, shall be for the
account of the vessel/barge. In case of rain or threatening weather, which may
cause the cargo to get wet, the vessel/barge must be able to close the hatch(es)
immediately in order to avoid any damage to the grain. Any damage to the
grain/merchandise on account of the hatches not having been closed in time or not
being closed properly shall be for the account of the vessel/barge.
10
7
BUNKERING
Les Moulins d’Haiti does not permit any vessel/barge in berth to receive or deliver
bunkers.
8
FRESHWATER
All vessels/barges discharging at Les Moulins d’Haiti must have sufficient
freshwater on board for the duration of the discharge. Les Moulins d’Haiti is
unable to supply freshwater.
9
ELECTRICITY
All vessels/barges discharging at Les Moulins d’Haiti must be able to provide
their own electrical power. No electrical power is available at the berth of Les
Moulins d’Haiti.
10 TAUT LINES
Vessels/barges in berth shall at all times maintain taut lines to avoid damage and
injuries to personnel and Les Moulins d’Haiti property.
11 LOWING OUT TUBES
Vessels/barges shall not “blow out their tubes” in the vicinity of the elevator dock.
A fine in accordance with the provisions of local ordinances shall be levied
against any vessel/barge, her Owner or Agent violating this rule.
12 ABUSIVE USE OF DOCK EQUIPMENT AND FACILITIES
Abusive use of Les Moulins d’Haiti owned dock equipment and facilities will not
be tolerated. An assessment commensurate with the extent and nature of the any
damage, as determined solely by Les Moulins d’Haiti, will be levied against the
responsible party(ies) for such abusive use of equipment and facilities.
13 TUG ASSISTANCE
Les Moulins d’Haiti strongly recommends that all vessels/barges docking and
undocking at the Les Moulins d’Haiti berth use tug assistance during such
maneuvers. In any case, whether vessel/barge docks or undocks with or without
tug assistance, any damage to the berth or facilities, injuries or death, or any other
financial loss Les Moulins d’Haiti may incur, caused by the vessel/barge, shall be
the responsibility of the vessel/barge and her owners.
11
14 FIRE
In the event of fire occurring on board any vessel/barge berthed at the Les Moulins
d’Haiti dock, such vessel/barge will sound five prolonged blasts of the whistle or
siren as an alarm indicating fire on board or at the dock. Such signals shall be
repeated at intervals to attract attention and is not a substitute for, but may be used
in addition to, other means of reporting a fire. The words “prolonged blasts” used
in this rule shall mean blasts of from four to six seconds duration each.
15 SEAWORTHY TRIM
Master/owner will insure that the vessel/barge discharging will always remain in
seaworthy trim throughout the discharge operations in order to permit shifting out
of the berth should same become necessary.
16 VESSEL/BARGE WORK/REPAIRS
Without the express written approval of Les Moulins d’Haiti management, there
shall be no work or repairs of any nature on a vessel/barge in berth when such
work or repair may involve welding, burning, scraping or any “hot work” or any
other work or repair where there may be a possibility of sparks. When welding,
cutting, burning, heating or other hot work is done on the vessel/barge or on the
dock, a gas free certificate issued by a qualified marine chemist must be obtained
and a copy filed with Les Moulins d’Haiti management. After same has been
filed, Les Moulins d’Haiti management may, at its sole discretion, permit above
work. Furthermore, the master/crew may not perform any repairs which would
disable the vessel’s/barge’s power plant or its maneuvering ability. The
vessel/barge must always be able to vacate the berth on short notice.
17 DELIVERY OF STORES
Delivery of stores to vessels/barges at the berth will be allowed at the sole
discretion of Les Moulins d’Haiti. Master/owner must notify Agemar and Les
Moulins d’Haiti management well in advance of their intention to take stores and
what type of stores vessel/barge intends to receive. Stores may only be delivered
during office hours and Les Moulins d’Haiti reserves the right to stop same at any
time and to refuse admittance to any delivery/storing company. It is the
vessel’s/barge’s responsibility to insure that storing is done in a safe and efficient
manner. It is specifically understood that the vessel/barge is responsible for any
damages, either directly or indirectly, that are incurred as a result of any deliveries
and/or storing, including but not limited to, any type of air or water pollution. Any
owner/master whose vessel/barge is berthed at Les Moulins d’Haiti, that takes on
stores, without requesting and receiving prior written permission from Les
Moulins d’Haiti management, will be charged a US $1,000 fee per incident.
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18 VACATING THE BERTH
Les Moulins d’Haiti reserves the right to order any vessel/barge to immediately
vacate the berth, in the sole discretion of Les Moulins d’Haiti management. Any
vessel/barge docked at the Les Moulins d’Haiti berth, whether discharging or not,
shall vacate the berth immediately, whenever ordered to do so by Les Moulins
d’Haiti management for any reason, including but not limited to, the vessel/barge
being declared unseaworthy by competent authority, seizure, pending severe
weather, catastrophe, discharge completion, failure to remit funds, Les Moulins
d’Haiti management deems that the continued presence of such vessel/barge at the
Les Moulins d’Haiti berth would be a potential hazard to the vessel/barge, the
berth, or Les Moulins d’Haiti facilities, or the rights or property or safety of
others, or would unreasonably interfere with the use of the facilities by others.
Should the vessel/barge fail to vacate the berth when so ordered, vessel/barge
shall be responsible for damages as outlined under ‘Liquidated Damages’, Item
C), Rule 2. In addition to any other remedy provided in this tariff or under
applicable law, Les Moulins d’Haiti may, in its sole discretion, take such action to
remove any vessel/barge failing to vacate the berth immediately upon request. All
costs of removal, and all costs incidental thereto, including but not limited to
damage or loss, shall be for the account of the vessel/barge, their owners,
operators, managers and agents, and Les Moulins d’Haiti shall not be liable for
any costs relating to vessel/barge removal or any damage or loss caused thereby.
19 UN-BAGGING/UN-STRAPPING
When un-bagging and un-strapping is necessary, a vessel/barge may, at the
discretion of Les Moulins d’Haiti management, be ordered to vacate the berth at
its own expense. Any labor standby time, plus 20 percent, shall be for the
vessel’s/barge’s account and any time lost shall not count. Additional charges for
un-bagging/un-strapping will apply in accordance with Item C), Rule 17.
20 GARBAGE
Les Moulins d’Haiti shall not be required to receive garbage from a vessel/barge
in berth. Upon request of the master or owner, Les Moulins d’Haiti may, at its
sole discretion, accept harmless and non-polluting garbage from the vessel/barge
against an advance payment of US $500 for the first cubic meter or fraction
thereof, plus US $250 for each additional cubic meter or fraction thereof. Unless
authorized by Les Moulins d’Haiti, the vessel/barge is not permitted to remove
any garbage from the vessel/barge while in berth. Any violators will be fined and
charged a wharfage fee of US $1,000 for each occurrence plus garbage removal
fees.
21 OILY WATER/SHIPS WASTE DISPOSAL
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Vessels/barges are not permitted to dispose of any oily water or ships waste while
in berth. Any violators will be reported to the authorities.
22 TUG AND BARGE
Any reference to ‘barge’ in this tariff shall include the tug(s) that either push
(ITB) or pull the barge.
23 GOVERNING LAW AND JURISDICTION
This tariff shall be governed by the laws of Haiti and general maritime law.
Vessels/barges, their owners, charters, operators, managers and agents agree to
submit to the jurisdiction of the court of Haiti, or any alternate jurisdiction
selected by Les Moulins d’Haiti, in respect of any dispute arising under this tariff
or relating, in any way, the use of Les Moulins d’Haiti berth, facility or services,
and waive any objection to said jurisdiction.
24 MARITIME LIEN
All vessels/barges, their owners, charterers, operators, managers and agents
acknowledge and agree, in addition to any other remedy provided pursuant to law,
Les Moulins d’Haiti shall have a priority maritime lien against each vessel/barge
utilizing its berth, facilities and services for payment of all sums due under this
tariff.
D) CHARGES
1
PORT FEE
Any vessel/barge entering the port of Les Moulins D’Haiti (LMH) at Laffiteau
will be charged a fee in the amount of US$2,000.
2
DOCKAGE
Dockage charges will be assessed for each twenty-four (24) hour period, or
fractional period thereof, that a vessel/barge is in berth, beginning when the first
line is on the dock, and ending when the last line is off the dock, at the rate of US
$0.25 per GT (Gross Ton) per day, with a daily minimum charge of US $1,500.00.
Dockage will be charged on the highest gross tonnage of the vessel/barge as
shown in the Lloyd’s Register of Shipping.
3 PIER USAGE
Pier usage charges will be paid for each metric ton or cubic meter of cargo at the
rate of US$3.00 per ton or cubic meter for non-containerized cargoes. The Pier
usage charge for all full containers is US$40.00 per container and US$10.00 per
container for empties.
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4
LIQUIDATED DAMAGES
Should any vessel/barge fail or refuse to vacate the berth within two (2) hours
when ordered to do so, a charge in the amount of US$2,500 per hour for each
hour, or fraction thereof, after vacating notice has been given the vessel’s/barge’s
owner, agent, master or mate, will be assessed as liquidated damages, and the
parties are agreed that this amount represents a minimum estimate of damages to
Les Moulins d’Haiti because of failure or refusal to vacate. This charge shall not
constitute a waiver by Les Moulins d’Haiti of the greater actual damages it may
sustain as a result of the vessel’s/barge’s failure or refusal to vacate. Such failure
or refusal to vacate shall constitute a trespass entitling Les Moulins d’Haiti to
compel removal of the vessel/barge from the berth at vessel’s/barge’s risk and
expense. When a vessel/barge so ordered from the berth returns to the berth,
dockage and other charges will be assessed as though the vessel/barge had not
been ordered to vacate the berth.
5
‘LINER OUT’ STEVEDORING & CONTAINER HANDLING AND
STRIPPING
All stevedoring operations for ‘liner out’ discharge of bulk grain vessels will be
performed by Les Moulins d’Haiti. Only Les Moulins d’Haiti personnel or
stevedores hired by Les Moulins d’Haiti are authorized to discharge grain and
operate Les Moulins d’Haiti owned equipment. The stevedore discharge cost is
US $6.35 per metric ton or cubic meter of grain or merchandise, whichever the
greater.
Stevedoring services for general cargo at Les Moulins d’ Haiti are provided by
approved third party contractor(s) and all arrangement for general cargo
stevedoring services must be made directly with said contractor(s). Les Moulins d’
Haiti makes no representation or warranty whatsoever as to the stevedore, its
equipment, performance of work or otherwise. Les Moulins d’ Haiti reserves the
right, in its sole discretion, to approve or deny stevedores desiring to provide
stevedoring services at its berth or on its facilities.
Les Moulins d’ Haiti can provide stripping of containers at its facility. A
container handling fee of US$40.00 will cover the dismounting of the loaded
container from a chassis or flatbed. In addition, the cost for on-site stripping the
container will be US$7.00 per Metric Ton.
6
LABOR HOURS
Straight-time hours are from 0800 to 1200 and 1300 to 1700 hours, Monday
through Friday, except for Holidays. Overtime hours are hours of work performed
on Saturdays and Sundays at any time of day, or before 0800 and after 1700 hours,
Monday through Friday, or during meal hours, all except for holidays.
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7
CONTINUOUS VESSEL/BARGE UNLOADING
Les Moulins d’Haiti management, in its sole discretion, may require continuous
unloading of grain/cargo from a vessel/barge, twenty-four (24) hours per day. All
overtime accruing during such unloading is for the account of the vessel/barge.
The service charge for each hour of overtime per crane/gang, or fraction thereof, is
US $170 in addition to the base rate for bulk grain stevedoring.
8
OVERTIME
Overtime work will be performed only at the discretion of Les Moulins d’Haiti
management. Should a vessel/barge desire not to work overtime when ordered, it
shall lose its turn either in favor of the next vessel/barge that does desire to work
overtime or the vessel/barge expected to arrive. Any time lost on account of
vessel/barge refusing to work overtime and request to vacate berth shall not count.
9
RIGHT TO REFUSE OVERTIME WORK
Les Moulins d’Haiti reserves the right to refuse services involving overtime or
orders authorizing the service and guaranteeing the additional expense. Such
expense will be assessed against the party or parties authorizing same.
Notwithstanding the foregoing, Les Moulins d’Haiti reserves the right to refuse to
work overtime, even though requested, at its sole discretion.
10 OVERTIME DEADLINE
Vessels/barges requesting overtime must do so not later than 1200 hours of the
day of the last straight-time working period.
11 STAND BY AND LOST TIME
When Les Moulins d’Haiti is required to order labor for discharging a
vessel/barge for a stated time and through no fault or inability of Les Moulins
d’Haiti, the discharge may not or cannot be started or discharge in progress is
delayed and standby time of labor is incurred through fault of others for a period
of or exceeding fifteen (15) consecutive minutes, the full cost of labor for the
extent of time lost will be assessed, plus 20 percent.
12 HOLIDAYS
Holiday overtime hours are any hours of work performed on the following
holidays:
Indépendance d'Haiti
Fête Dieu
Jour des Aïeux
Assomption
Mardi Gras
Mort de Dessalines
Vendredi Saint (Holy Friday)
La Toussaint
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Paques (Easter)
Agriculture et Travail
Drapeau et Université
Ascension
Fête des Morts
Bataille de Vertières
Noël (Christmas)
Other holidays shall be any other days designated as holidays by the Haitian
Government, the city of Laffiteau, the Industries Association of Haiti, or any other
authorities having lawful jurisdiction.
13 DEMURRAGE, DELAYS AND WAIVER OF CHARGES
Les Moulins d’Haiti does not undertake to receive grain/merchandise within any
particular time period. In furnishing the services provided for herein, no
responsibility for any demurrage whatsoever is assumed by Les Moulins d’Haiti;
nor will delays caused by riots, strikes, work stoppages, civil commotion, war,
floods, acts of God, acts of government, or causes beyond Les Moulins d’Haiti
control or arising from any other cause not reasonably within the control of Les
Moulins d’Haiti, entitle users of the berth and services to waiver of dockage,
stevedoring, standby or any other charges that may be incurred.
14 INTEREST CHARGES
If payment of vessel/barge/barge obligations is not made within ten (10) days after
invoice date, interest from invoice date will be charged at 15 % per annum.
15 MOORING/UNMOORING AND SHIFTING
Line handling service for the purposes of mooring and unmooring as well as
shifting alongside the Les Moulins d’Haiti dock, shall only be performed by Les
Moulins d’Haiti personnel or labor hired by Les Moulins d’Haiti for that purpose.
The master must give Les Moulins d’Haiti at least three hours pre-advice in case
Les Moulins d’Haiti labor is required for line handling during shifting alongside
the berth. The vessel/barge is allowed a maximum of 30 minutes for shifting
alongside the berth to accommodate discharge operations. Should the vessel/barge
be unable to complete the shifting alongside the berth within the allowed 30
minutes, any labor standby time, plus 20 percent, shall be for the account of the
vessel/barge. The service charge for each mooring or each unmooring is US$400.
16 SPECIAL ARRANGEMENTS/ANCILLARY SERVICES
Les Moulins d’Haiti may enter into contracts in writing with any person, firm,
corporation, relief or government agency, providing special services (Fumigation,
Tally, Weighing and other services) and rates and terms that are different than
those specified herein.
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17 DESTINATION/STORAGE/STORAGE RATES
FOB Truck at Lafiteau, stored at Lafiteau Warehouse or delivered Haiti
warehouse as agreed.
LMH will provide bagged/packed storage of approved products up to 7,000
Metric Tons or cubic meters in LMH warehouse(s) at the following rates:
First three consecutive days:
Free
Next 10 days:
US$0.40
per Ton or cubic meter per day
Thereafter:
US$1.00
per Ton or cubic meter per day
Releasing/Fob Truck
US$3.50
per ton or cubic meter
Delivery to PAP
cost plus 20%
After 33 days, merchandise will be removed from storage at receiver’s expense,
18 PAYMENT OF INVOICES
Charges for services shall be due and payable upon their performance and
presentation of invoices by Les Moulins d’Haiti. Les Moulins d’Haiti reserves the
right to estimate and collect in advance all charges which may become due and
payable. Use of the berth may be denied to any user until such advance payments
or deposits have been received. Any claims against Les Moulins d’Haiti will not
be allowed as an offset against outstanding invoices or accrued charges until such
claims have been admitted by Les Moulins d’Haiti or legally established.
19 DELINQUENT ACCOUNTS
Failure to pay shall cause the name of the vessel/barge, owner, master be placed
on the delinquency list. At the discretion of Les Moulins d’Haiti, future use of the
berth may be denied until payment has been received. Les Moulins d’Haiti
management reserves the right to detain any vessel/barge of a delinquent
owner/operator or until full payment has been received, or arrange for shifting to
another berth at vessels/barges expense.
20 CHARGES NOT PROVIDED FOR HEREIN
The charges stipulated in this tariff cover discharge of sound grain/cargo only.
Charges for services not specifically provided for in this tariff may be furnished,
at the discretion of Les Moulins d’Haiti, upon application and commensurate with
the extent and nature of the work involved, as determined by Les Moulins d’Haiti.
21 PORT EXPENSES
All customary port expenses, government fees and any expenses on the
vessel/barge and or freight shall be for the vessel’s/barge’s account. Any import
duties/tariffs and/government fees on the cargo shall be for the account of the
receiver.
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22 SUMMARY OF CHARGES (ALL IN US DOLLARS)
Dockage
$ 1,500.00 minimum per day or fraction thereof
$ 0.25
per GT, per day or fraction thereof
Pier usage
$3.00
per metric ton or cubic meter of cargo
whichever the greater for non-containerized cargoes.
Pier usage (containers)
Liquidated Damages
Stevedoring
grain/merchandise, as per B/L
$40.00
10.00
per full
per empty
$ 2,500.00 per hour or fraction thereof
$ 6.35
Container stevedoring
n/a
but rather by third-party stevedore
per metric ton or cubic meter of
not charged by Les Moulins d’ Haiti
Container Handing and Stripping $40.00 per metric ton for dismounting of the
loaded container from a chassis or flatbed.
$7.00 per metric ton for stripping the container
on-site
Discharge in Overtime
$170.00
Standby/Lost Time
per overtime hour per crane/gang or
fraction thereof in addition to the
base rate.
cost plus 20 percent
Mooring
$ 400.00
each occurrence
Unmooring
$ 400.00
each occurrence
Storage
Next 10 days
Thereafter
Releasing/Fob Truck
Free
$.40
$1.00
$3.50
First 3 consecutive days
per ton or cubic meter per day
per ton or cubic meter per day
per ton or cubic meter
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Delivery to PAP
Garbage
LMH port fee
Interest Charges
Bagging
cost plus 20%
$ 500.00
$250.00
$ 2,000.00
first cubic meter or fraction thereof
per each additional cubic meter or
fraction thereof
each occurrence
22.00 % per annum, after ten days from
invoice date
$7.50
per ton (bag not included)
20