TARIFF. for. services to vessels towage mooring of Polish Seaport Gdynia by WUŻ Przedsiębiorstwo Usług Żeglugowych i Portowych Gdynia Sp. z o. o.

Transcription

1 TARIFF for services to vessels towage mooring of Polish Seaport Gdynia by WUŻ Przedsiębiorstwo Usług Żeglugowych i Portowych Gdynia Sp. z o. o. Valid from 1 st January 2009 Translation into English In case of disputes, Polish text authentic only.

2 The Tariff approved by President/General Director of WUŻ Shipping and Port Services Gdynia Co. Ltd. Resolution No. 2/2008 dated November, 13 th 2008 Current version of the Tariff can be found at 1

3 Contents Page No.: Division I. GENERAL CONDITIONS Application of the tariff Clearance of payments Ordering of services Responsibility of contracting parties Miscellaneous regulations. 5 Division II. SERVICES TO VESSELS.. 6 Chapter 1. Services to vessels Charges for services to vessels Towage detailed provisions Boatmen services detailed provisions Explanatory notes to 7 i Chapter 2. Sea ferries Shipping service Division III. HIRE OF APPLIANCES, GEAR AND FLOATING 12 CRAFT.. Chapter 3. Hire of floating craft Pilot and motorboats, tug - boats payments Barges and pontoons - payments Explanatory notes.. 12 Division IV. ANCILLARY SERVICES FOR SHIP Chapter 4. Man hour rates for labour Charges per man hour Explanatory notes.. 14 Chapter 5. Surcharges and reductions Surcharges Explanatory notes

4 DIVISION I GENERAL CONDITIONS 1. Application of the tariff 1. The tariff is applied by companies of shipping and port traffic, rendering services contained within this tariff, operating within area of the port Gdynia, hereinafter called WUŻ. 2. The charges contained within this tariff are valid, provided not otherwise agreed between parties contracting the service. 2. Clearance of payments 1. The tariff rates are expressed in euro. 2. Tariff charges amounted in euro (EUR) are to be calculated into Polish zloties (PLN) according to The Law Act from on Corporate income tax, Art.12, chapt.2 (Journal of Laws 2000, No. 54, item 654 with later amendments) - following the average rate of exchange published by Polish National Bank (NBP) on the last working day before the income date - i.e. when the service was delivered fully or partly, not later then the invoicing date. 3. The currency and financial regulations in force in the Republic of Poland, to be applied for all payments arising from this tariff. 4. The costs of operations connected with the performance of services rendered by order of the State Administration Authorities, to be borne by the party in whose interest the services have been performed. 5. All charges expressed in percentages to be calculated on the basic rates. 6. Invoices are issued in one original and three copies, to the party ordering the service. 3

5 7. The tonnage dues, towage and boatmen charges are levied on gross capacity of the vessel (V = volumen), arising from the product of her total length (L), breadth (b) and draught as per summer mark (d), but for the purpose of calculations of charges, the total capacity (V) of the vessel to be rounded up to the full cbm. In cases of dispute, obligatory are figures contained within the Lloyd's Register of Shipping. 3. Ordering of services 1. The WUŻ performs services on order only. 2. The party contracting services on basis of this tariff, is submitted to all the rules quoted therein. 3. The order to be presented at least 4 hours prior to the commencement of the shift during which the work should be performed. 4. Responsibility of the contracting parties 1. Responsibility of the performer in respect of services rendered is determined by General Conditions and stipulations contained in this tariff and by Regulations in force. In any unsettled cases Law of the Polish Republic, to apply. 2. All losses and damages to be notified by protocol immediately, but latest at the 12 hour for time which the service was performed. 3. The WUŻ is not responsible: a) for damages and/or losses caused by "Act of God" or other "force majeure", respectively caused by strike of port's or Customer's employees, b) for financial effects caused by orders or actions of State Authorities, 4. The Customer to be responsible for correctness of statements contained in his order, and in particular for any damages and/or loss caused by 4

6 incorrect or inadequate figures contained in the documents, or passed on in any other way as well as for damages caused by the fault of his servants or other person, authorized by him. 5. Various regulations 1. In addition to regulations contained in 2 4, the regulations contained in the "Explanatory notes" to the particular chapters of this tariff, to apply. 2. With regard to stevedoring/trimming, loading, discharge, storage and harbour transport of dangerous goods, separate "Regulations of Order" of the State Authorities, to apply. 3. Legal action or arbitration should only take place, after a claim has failed to be successful. 5

7 DIVISION II SERVICES TO VESSELS Chapter 1. Services to vessels 6. Charges for services to vessels 1. For services to vessels (towage, boatmen) the charges are levied as per table of charges, expressed in euro ( ), and contained within pass The charges as per columns "A" and "B" of the table refer to: a) column "A" - towage or assistance performed by 1 tug on routes specified within 7. b) column "B" - mooring or unmooring of the vessel. 3. The table of charges: Vessel s capacity (V) in cbm A B from - upto from 2000, from 2001,0 upto 3000, from 3001,0 upto 4000, from 4001,0 upto 5000, from 5001,0 upto 6000, from 6001,0 upto 7000, from 7001,0 upto 8000, from 8001,0 upto 9000, from 9001,0 upto 10000, from 10001,0 upto 11000, from 11001,0 upto 12000, from 12001,0 upto 13000, from 13001,0 upto 14000,

8 1 2 3 from 14001,0 upto 15000, from 15001,0 upto 16000, from 16001,0 upto 17000, from 17001,0 upto 18000, from 18001,0 upto 19000, from 19001,0 upto 20000, from 20001,0 upto 22000, from 22001,0 upto 24000, from 24001,0 upto 26000, from 26001,0 upto 28000, from 28001,0 upto 30000, from 30001,0 upto 32000, from 32001,0 upto 34000, from 34001,0 upto 36000, from 36001,0 upto 38000, from 38001,0 upto 40000, from 40001,0 upto 42000, from 42001,0 upto 44000, from 44001,0 upto 46000, from 46001,0 upto 48000, from 48001,0 upto 50000, from 50001,0 upto 52000, from 52001,0 upto 54000, from 54001,0 upto 56000, from 56001,0 upto 58000, from 58001,0 upto 60000, from 60001,0 upto 62000, from 62001,0 upto 64000, from 64001,0 upto 66000,

9 1 2 3 from 66001,0 upto 68000, from 68001,0 upto 70000, from 70001,0 upto 75000, from 75001,0 upto 80000, from 80001,0 upto 85000, from 85001,0 upto 90000, from 90001,0 upto 95000, from 95001,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , from ,0 upto , over , Towage detailed provisions 1. The charges contained in 6, pass.3, column "A" of the table, are levied for towing or assistance performed by 1 tug on the routes: a) roads port Gdynia, or vice versa. 2. Vessels are granted following reductions on charges contained in column 8

10 "A", increased by surcharges contained in pass.2 of this paragraph, provided same have been comprised by detailed provisions: a) tourists vessels...20% b) regular lines vessels, registered at the port...10% c) tramp vessels, commencing with the 11 th call within the calendar year to the port, which has invoiced the towage service...10% 3. The charges as per column "A" of the table to apply also in the following cases: a) for towing a vessel within the limits of the same quay, or in the same dock - with the reduction of % b) for towing a vessel from dock to dock, but at such case full rate as per column "A" of the table, to apply, c) if an order for a tug has been cancelled 2 hours prior to directing her to the ordered maneouvres, no charges to be collected. After that time, the charges as per column "A" of the table to be levied, but with the reduction...50% d) for interrupted and not continued towing or assistance, the charges as per column A of the table are levied, but with a reduction...50% e) for waiting-time to a tug, due to vessel's fault and exceeding 30 minutes, for every commenced further 1 hour of waiting time, charges as per column "A" of the table to apply, but reduced by...25% f) for booming a vessel at the same quay, respective charges as per column "A" of the table to apply, but with a reduction of...50% g) for towing or shifting a vessel, not using its own engineson the rates contained within column "A" of the table, and increased before, if necessary, by additionals mentioned in pass. 2 of this paragraph, to be levied a surcharge of...50% h) the surcharge mentioned in p.g) not to be applied, when vessel 9

11 moored previously alongside another vessel, laying at a quay, is brought into berth by pushing to the quay i) for towing or shifting during ice periods, on rates containe dwithin column "A" of the table and increased before, if necessary, by additionals mentioned in pass. 2 of this paragraph, to be levied a surcharge of...20% j) use own towing lines...50,00 k) in case of the set: tug plus barge/ponton etc., towed or pushed, charges are collected based on agregated V of all units of the set. 8. Boatmen services detailed provisions 1. The charges contained within column "B" of the table as per 13, pass 3, are levied either for mooring or unmooring of the vessel. 2. On charges contained in column "B" of the table following reductions are to be granted: a) for tourists vessels...20% b) for liner vessels, registered at the port of call...10% c) for tramp vessels, commencing with the 11 th call within the calendar year to the port, which is invoicing the boatman service...10% 3. For cancelling of boatmen ordered, after arrival to the vessel charges as per column "B" of the table to be levied, but with the reduction...25% 9. Explanatory notes to 7 i 8 1. The obligation to make use of tug.- and boatmen services is determinated by Harbour Regulations. 2. Vessels, for which tug.- and boatmen services are not compulsory, only to pay the dues when such services have been used. 10

12 3. For services performed on free of work Saturdays, Sundays and holidays, the surcharges stipulated in 8 to apply. 4. The surcharge for work performed on free of work Saturdays, Sundays and holidays to be applied only in case at least 50 % of the service has been performed at such a day, but after consideration that the term defining the beginning of such days, is the time of commencement of p.m. 1 st working shift. 5. Detailed explanation towage: a) The tariff rates do not apply to salvage, viz: ref - loating of a stranded vessel and rescue given in danger even, if such event occure during usual towing maneouvres. In case of salvage a special agreement to be made on basis "no cure no pay". b) For towing or assistance on port's area to floating craft without Tonnage Certificate, resp. for towing of floating craft beyond the area of the commercial port, charges per hour as specified in 11, to apply. Chapter 2. Sea ferries 10. Shipping service 1. Towage: For towing or assistance performed by 1 tug on the route roads - port Gdynia, or vice versa, to be levied per 1 cbm of the ferry's capacity (V) a charge of.0,05 2. Boatmen services: For mooring or unmooring of the ferry, to be levied per 1 cbm of ferry's capacity (V) a charge of..0,02. 11

13 DIVISION III HIRE OF APPLIANCES, GEAR AND FLOATING CRAFT Chapter 3. Hire of floating craft 11. Pilot and motorboats, tug boats - payments Charges for each commenced hour. from 140 HP. 73,00 from 40 upto 180 HP. 99,00 from 180 upto 350 HP ,00 from 350 upto 500 HP ,00 from 500 upto 800 HP ,00 from 800 upto 1000 HP.. 330,00 from 1000 upto 1250 HP ,00 from 1250 upto 1500 HP. 454,00 from 1500 upto 2000 HP. 558,00 from 2000 upto 2500 HP. 672,00 over 2500 HP, for each commenced further 100 HP. 28, Pontoons payments Transportation pontoon for heavy lifts, with crew, but without propulsion, for each commenced hour...55, Explanatory notes 1. Hour rates for the use of tug boats and other floating craft, to be applied in cases not comprised by services invoiced on lumpsum basis as 12

14 per 6 and 7. For trips and services rendered abroad, separate agreements to be concluded. 2. With regard to hour rates of hire, same surcharges as per 9 for towage arising from 7, to apply. 3. The time of hire to count from the departure of the floating craft from until its return to the base. 13

15 DIVISION IV ANCILLARY SERVICES FOR SHIP Chapter 4. Man hour rates for labour 14. Charges per man hour 1. Boatman, seaman Deck officer, engineer officer Explanatory notes 1. Man-hour rates for labour to be applied in case of: a) performance of work, which is not contained in the tariff rates. Work of extended operating range may be ordered by the party concerned, on basis of separate agreement. 2. The charges to be counted for each commenced 1 / 2 hour. Chapter 5. Surcharges and reductions 16. Surcharges: 1. For services contained within this tariff, and performed on free of work Saturdays, Sundays and holidays, to the respective tariff rates, unless stipulated otherwise, in the particular rules ( 6 pass. 2a, 10 pass. 1 and 11) to be added following surcharges: a) for services performed on work Saturdays...70% b) for work on Sundays and holidays, solemn holidays excluded 90% c) for work performed on solemn holidays the surcharge applied to all tariff rates, amounts to :...100% 14

16 2. In case of the increase of marine fuel prices, WUŻ reserves it s right to impose an extra bunker surcharge on top of the valid Tariff rates ( 6 pass. 2a, 10 pass. 1 and 11). All surcharges are to be approved by President/General Director of WUZ Shipping and Port Services Gdynia Co. Ltd. and published on the website 3. For work outside the area administrated by the Port Authority separate agreement. 17. Explanatory notes 1. The following days are considered as solemn holidays: a) New Year s Day b) Easter Sunday c) 3 rd May (National Holiday) d) Christmas Eve from 3 p.m. e) 25 th December f) 31 st December from 3 p.m. 2. Apart from the surcharges and reduction mentioned within this Chapter, particular regulations referring to further additional charges and reductions, contained in Division II and III of this tariff, also to apply. 15