Commercial Terms and Conditions. for use of infrastructure and services provided by the Port of Tromsø

Transcription

1 Commercial Terms and Conditions for use of infrastructure and services provided by the Port of Tromsø Valid from 1 January 2018

2 List of Contents 1. General terms and conditions Definitions Prices and terms of payment Notification obligation Hired services Adjustment of prices and payment terms Interest on overdue payments Debt collection Processing fee Value added tax Claims Statutory entry dues Use of port infrastructure Quay dues Charges for anchorage Charges for guest berths and floating piers Cargo charges Passenger dues Charges for land-based transport Crane hire, external crane operator Area rental ISPS and security charges Charges for access to secure areas Waste disposal fee Administrative fee Provision of services Charges for fresh water and electricity supplies Charges for crane and vehicle services Charges for work boat services Commercial Terms and Conditions, Port of Tromsø, 2018 Page 2 of 21

3 1. General terms and conditions The Port of Tromsø is responsible for the provision of services, the exercise of authority, and other forms of public administration. Its activities are subject to Act no. 19 of 17 April 2009 relating to Harbours and Fairways, which covers administrative services and provides the legal basis to collect taxes and fees. The legal basis for charging for waste disposal services is Act of 13 March 1981 No. 6 concerning Protection against Pollution and concerning Waste. Other services not covered by law are related to commercial activities, and prices are therefore based on market conditions. Administrative activities Entry dues Act relating to Harbours and Fairways, section 25 The Port of Tromsø, represented by the Port Board, stipulates entry dues pursuant to Regulations of 20 December 2010 no concerning Municipalities' Calculation and Collection of Entry Dues, section 1, pursuant to Act relating to Harbours and Fairways, section 25. Administrative fee Act relating to Harbours and Fairways, section 6 The Port of Tromsø, represented by the Port Board, stipulates the fees for processing applications for building activities in the sea area pursuant to Regulations of 20 December 2010 no on Administrative Fees pursuant to Act relating to Harbours and Fairways, section 1, pursuant to Act relating to Harbours and Fairways, sections 6 and 8. Waste disposal fee Pollution Control Act, section 32a, second paragraph. The Port of Tromsø has established a system for receiving ship waste pursuant to Regulations of 1 June 2004 no. 931 on Pollution Control, chapter 20, pursuant to Pollution Control Act, section 32a, second paragraph. ISPS fee According to the circular of 23 December 2004 issued by the Ministry of Fisheries and Coastal Affairs, "Expenses related to preparedness for terrorism in ports shall be covered in the usual manner by those who use the infrastructure." Commercial activities Provision of services Act relating to Harbours and Fairways prescribes that ports shall conduct commercial activities simultaneously as they draw a clear distinction between these activities and their statutory administrative activities. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 3 of 21

4 1.1 Definitions Entry dues: Payment to cover costs in connection with exercising public authority and costs for facilitating safety and accessibility in the Municipality of Tromsø's sea area. GT: gross tonnage. Unit prescribed in International Convention on Tonnage Measurement of Ships of 23 June The gross tonnage is stated on the ship's tonnage certificate. Fairways: Designated traffic lanes at sea. Vessel: Any floating structure that can be used as a means of transportation or conveyance, lifting gear, place of sojourn, or place of production or warehousing, including any type of underwater vessel. ISPS fee: Payment to cover investment and operating costs for necessary security measures for ensuring safe traffic and the safe transport of goods and passengers. Waste disposal fee: Payment to cover costs in connection with receiving and managing waste from ships calling at the port. Administrative fee: Payment to cover costs for processing applications for permits for building activities in the sea area. Port facilities: Quays, outdoor storage areas, buildings, installations and other infrastructure used in port activities. Port activities: Provision of services, the exercise of authority, and other forms of public administration of vessels, goods and passengers at the port. The Port of Tromsø's sea area: the sea area for the Municipality of Tromsø. Other dues/charges/fees: Payment for use of the Port of Tromsø's infrastructure and services. Rates are stated in the commercial terms and conditions. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 4 of 21

5 1.2 Prices and terms of payment 1. The customer shall pay the prices, fees and dues stated in the currently valid Port tariffs for use of infrastructure and services provided at the Port of Tromsø. 2. The Port of Tromsø may enter into agreements in which some commercial terms and conditions and tariffs are omitted. A separate written agreement will be entered into between the Port of Tromsø and the customer. 3. All prices are stated in Norwegian kroner (NOK) and amounts invoiced in NOK. Amounts are rounded up or down to the nearest whole krone in accordance with normal rounding-off rules. If prices are stated in a currency other than Norwegian kroner, the customer shall carry the risk for any exchange rate fluctuations between the Norwegian krone and the stated currency during the period between the time when the offer is issued and the payment date. 4. The Port of Tromsø decides whether payments shall be settled in cash or in advance, or whether credit may be granted and if so whether to request a bank guarantee or other form of security. 5. Standard payment terms are 14 days from invoice date. Shorter payment terms will apply when necessary. 6. In the case of advance payments, another payment date may be set so that payment is made before goods are delivered or services provided. 1.3 Notification obligation Users of the Port of Tromsø, including vessels, freight forwarders and others, are obligated to provide the Port of Tromsø with all information necessary to meet public requirements for statistics and a basis for correct calculation of dues and charges; see Regulations of 17 August 1989 no. 819 on Information to be provided by Port Users and Private Quay Owners, and on the Municipalities' Duty to Keep Statistics, sections 1 and 2 pursuant to Act relating to Harbours and Fairways, section 64, first paragraph. 1.4 Hired services Hired services that are performed by the Port of Tromsø are invoiced at actual cost plus a surcharge included in the price. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 5 of 21

6 1.5 Adjustment of prices and payment terms 1. Prices normally apply for one year and are normally set for the financial year. 2. The Port of Tromsø may nonetheless adjust prices during the financial year. 3. The wage component may be adjusted in the event of adjustments in wage scales. 4. Prices for supplies of electricity and fresh water may be adjusted in the event of price adjustments by suppliers. 5. The schedule of goods charges may be expanded during the year should the need arise to set prices for new goods categories. 6. The Port of Tromsø may amend its standard terms of payment during the period for which the prices stated in the tariff apply. 1.6 Interest on overdue payments 1. In the event of late payment, interest shall be charged in pursuant to Act of 17 December 1976 no. 100 relating to Interest on Overdue Payments, etc. 2. The currently applicable rates for maximum interest on overdue payments shall be applied. 3. In the event of repeatedly incorrect payment or of non-payment, the Port of Tromsø may claim interest on overdue payments for the period after which the invoice falls due. Interest on overdue payments shall be charged to the party who caused the delay. Interest on overdue payments will be applied after the third delay during a 12-period during which a reminder was issued on the first delay and a final reminder was issued on the second delay. If no financial records are available at the time for calculating interest on overdue payments or are insufficient for calculating the amount of interest, a reminder fee will be issued instead. This will initially be set at NOK 3,000 and will be doubled in the event of repeated delays during a 12-month period. If justified by repeated cases, consideration will be given to demanding cash payment, advance payment or other measures from the party causing the delays. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 6 of 21

7 1.7 Debt collection 1. Accounts receivable that fall due will be recovered pursuant to Act of 13 May 1988 on Debt Collection and other Recovery of Overdue Pecuniary Claims. 2. Overdue claims trigger a debt collection notice as the only payment demand before the matter is forwarded to the debt collection agency for further processing. 3. A processing fee (reminder charge) may be applied in addition to the principle claim and interest on overdue payments when a debt collection notice is issued. 4. Collection of revenues pursuant to the enterprise's tariffs is normally conducted pursuant to civil law. 5. Collection of dues pursuant to Act relating to Harbours and Fairways is grounds for enforcement of distraint, and a lien is placed on the ship, pursuant to the rules governing maritime liens in Norwegian Maritime Code of 24 June 1994 no Processing fee 1. In cases where purchased goods and/or services are re-invoiced and where the supplier could have invoiced directly to the goods recipient and/or user of the service, a processing fee will be applied in addition to the price for the goods/service in question. 2. Extra administrative work in connection with invoicing, payment or reminders/debt collection will be charged on the basis of billable hours. 1.9 Value added tax 1. All prices listed in the tariff are stated exclusive of value added tax (VAT). Value added tax is regulated pursuant to Act of 19 June 2009 no. 58 relating to Value Added Tax and pertinent regulations and decisions. 2. As a general rule, output VAT is charged on the provision of the right to use municipal ports, on the sale of infrastructure services, and on the sale of goods and services. 3. Output VAT is not applied where exemptions are prescribed by law, pertinent regulations or decisions for the sale of specific goods and services for use by foreign vessels or by Norwegian registered vessels in international shipping, or where exemptions from the law apply. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 7 of 21

8 1.10 Claims Claims If the customer intends to hold the Port of Tromsø liable for damage, delay or for other claims relating to the performance of port services, such claims shall be presented to the Port of Tromsø in writing and without undue delay. Objections or claims may not be lodged more than three months after the day on which the customer was made aware of, or ought to have been aware of, the circumstances on which the claim is based. Disputes The rights and obligations of the parties in respect of these provisions are regulated in their entirety by Norwegian law. Unless otherwise agreed on formation of the contract, the Nord-Troms District Court shall be the legal venue for all disputes relating to the use of the Port of Tromsø and to interpretations of these provisions. 2. Statutory entry dues Purpose and legal basis The Port of Tromsø, represented by the Port Board, stipulates entry dues pursuant to Regulations of 20 December 2010 no concerning Municipalities' Calculation and Collection of Entry Dues, pursuant to Act relating to Harbours and Fairways, section 25. Entry dues shall cover the costs of exercising public authority and of facilitating safety and accessibility in the Municipality of Tromsø's sea area. Scope of application The tariff zone is that defined as the geographical boundaries for the Port of Tromsø and Tromsø Municipality's sea area; see Act relating to Harbours and Fairways, section 4. The Municipality may stipulate that vessels arriving at harbours in the Municipality's sea area must pay entry dues. Entry dues are charged for each port call. Dues on vessels that make multiple port calls within the Municipality's sea area in one 24-hour period shall be levied only once. Regulations concerning Municipalities' Calculation and Collection of Entry Dues also apply for vessels that moor or disembark passengers or goods from the anchorage area inside the tariff zone. Exemptions from entry dues The following vessels are exempted from paying entry dues: a) Vessels measuring less than 15 metres in length. b) Salvage vessels and icebreaking vessels engaged in salvage and icebreaking operations. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 8 of 21

9 c) Norwegian Coastal Administration s vessels, in connection with work in the fairways. Basis of calculation for entry dues Entry dues are calculated on the basis of the gross tonnage (GT) of a vessel as stated in the vessel's international tonnage certificate, pursuant to International Convention on Tonnage Measurement of Ships of 23 June If the gross tonnage of a vessel is not stated in the tonnage certificate, the entry dues will be determined by the Port of Tromsø on the basis of the gross tonnage of similar vessels. 3. Use of port infrastructure 3.1 Quay dues Terms and conditions 1. Quay dues are charged on a vessel when it moors, and shall constitute the vessel's payment for using the public quays owned or managed by the Port of Tromsø. 2. Quay dues are payable per commenced day. Laytime is calculated from the time when the vessel moors until the time when it casts off. The minimum entry dues are equivalent to one 24-hour period. 3. If a vessel shifts berth inside the Port of Tromsø's sea area without crossing the boundary of the Port of Tromsø's sea area, laytime will be calculated as if the vessel had remained berthed without interruption. This does not apply to vessels that must wait at anchorage for a vacant berth. 4. The laytime for vessels which, on orders from the Port of Tromsø must shift berth to make room for another vessel and then berth again, is calculated as if the vessel had been berthed at the quay the whole time. 5. Although a vessel is berthed, it must be able to shift berth at any time or to vacate the quay on the instructions of the Port of Tromsø. 6. Vessels that only arrive for service, without loading or discharging or taking supplies or passengers on board and for a laytime of less than two hours, will be charged 25% of the quay dues. The same applies for vessels arriving to collect only one unit of urgent freight and for a laytime of less than one hour. 7. Commercial vessels measuring less than 15 metres in length that berth for less than two hours are exempted from the quay dues on the condition that notification of arrival and departure is given to the Port of Tromsø. 8. Berths that are reserved but that are cancelled less than one week before planned arrival will be charged a cancellation fee equivalent to 50% of the standard 24-hour quay dues. Basis of calculation for quay dues Quay dues and entry dues are calculated on the basis of gross tonnage (GT) and are differentiated according to vessel type. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 9 of 21

10 Booking of berths 1. Enquiries and bookings for berths should be addressed to the Port Control at the Port of Tromsø. 2. Vessels must notify the Port Control at the Port of Tromsø of estimated time of arrival no later than 24 hours in advance. 3. Berth reservations must contain the following details: prior port of call, next port of call, the vessel's security level, waste disposal schedule and a manifest of cargo for loading or discharging. The name of the party to be invoiced for charges, dues and fees must also be stated. 4. The Port of Tromsø may also request additional information. 3.2 Charges for anchorage Vessels that moor in the anchorage area must pay a daily charge. Drilling rigs, pipe-laying vessels, crane vessels or other structures that moor in the harbour area must pay entry dues and quay dues. The size of the amount will depend on the nature and scope of activity involved. A special charge will apply to vessels that require a sea area to be cordoned off while in the harbour. The size of the amount will be determined on an individual basis. Basis of calculation for the use of sea areas Charges for using sea areas are calculated on the basis of the size, nature and scope of the activity. 3.3 Charges for guest berths and floating piers A charge is payable for rental of floating piers and berths in the guest marina. Basis of calculation of charges for guest berths and floating piers Charges for small-craft berths are calculated on the basis of width in metres. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 10 of 21

11 3.4 Cargo charges Terms and conditions 1. The cargo charge constitutes payment for use of the quays and outdoor storage areas, and is payable on all goods that are transported by ship to or from the port and are transported across the Port of Tromsø's public quays. Goods that are transferred from one vessel to another without crossing the quays will be charged the standard goods charge. 2. Goods that arrive at the port in transit and that are dispatched by ship will be only charged a goods charges on inward passage. A cargo charge will, however, be charged for the outward passage of goods in transit to international destinations. Liability for payment of cargo charges on inward-bound goods shall lie with the consignee. Liability for payment of goods charges on outward-bound goods shall lie with the consignor. 3. The cargo charge covers storage of goods in designated areas or installations used by the Port of Tromsø for up to 24 hours after discharging from a ship or for at least 24 hours before loading of the ship commences. Nonetheless, the Port of Tromsø may, when circumstances require, order goods to be removed or move goods to another area at the customer's expense. 4. No goods may be stowed on the quays or outdoor storage areas without the permission of the Port of Tromsø. 5. Goods must be stowed in locations designated by the Port of Tromsø. Goods that are left for more than 24 hours without prior agreement with the Port of Tromsø will be charged for the excess rental time according to the rates for rental of outdoor storage areas. Please refer to Port tariffs for use of infrastructure and services provided at the Port of Tromsø, section The Port of Tromsø is not liable for any goods stowed on its outdoor storage areas or quays or in its warehouses. 7. Goods that are left on quays or in warehouses without prior consent, or that are stowed there longer than permitted, may be removed and stored at the consignee's or the consignor's expense. Goods that are not collected within three months may be sold by the Port of Tromsø at public auction after announcement through the normal channels. Perishable goods may be destroyed if necessary. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 11 of 21

12 Reporting and collection provisions The Board of the Port of Tromsø may instruct the port operator to collect dues in connection with use of the Port of Tromsø's quays and outdoor storage areas in return for specific remuneration. 1. The captain of the vessel is obligated to submit manifests or consignment notes for goods that are loaded or discharged without a freight forwarder to the Port of Tromsø at least 24 hours prior to arrival. The Port of Tromsø will invoice the consignee or consignor on the basis of the documentation received. Hazardous goods must be reported to the Port of Tromsø at least 48 hours prior to arrival. 2. The Port of Tromsø may request and is entitled to receive further relevant information on the cargo from the freight forwarder and goods owner to calculate the correct charge. 3. The Port of Tromsø may inspect the vessel's cargo on arrival and departure, and may request and receive the material required in order to perform a proper inspection. 4. The Port of Tromsø may conduct spot inspections and take random samples. The obligation to accommodate inspections also applies for brokers, freight forwarders, agents and others. Breaches and omissions In the event of breaches or omission such as: a) Non-compliance with the notification obligation. b) The Port of Tromsø is not given access to conduct inspections. c) No documentation is submitted, or submission is delayed without good reason or is obstructed. d) The Port of Tromsø discovers that incorrect information has been provided. The following consequences may apply: 1. The Port of Tromsø may, at its own discretion, refuse the port to be used or refuse to continue a business relationship. 2. A breach may also give grounds for terminating a lease agreement. 3. If the Port of Tromsø discovers that a user of the port has provided incorrect information, the Port of Tromsø may increase the total remuneration pertaining to the transaction concerned by 10%. The same applies if a user withholds relevant information or refuses to allow the Port of Tromsø to carry out the necessary inspections referred to above. 4. Under ISPS regulations, the Port of Tromsø has a duty to and is accountable to the public authorities. Information collected under the ISRPS regulations may be used to calculate charges for the commercial services offered by the Port of Tromsø in accordance with currently valid tariffs and other commercial terms and conditions. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 12 of 21

13 Basis of calculation for goods charges Goods charges are calculated on the basis of cargo weight or per unit. However, the goods charge levied on goods with high volume and low weight will never be less than one third of a tonne per cubic metre. Exemptions from goods charges 1. Passenger luggage. 2. Provisions, coal, oil and other goods to meet the vessel's own needs. 3.5 Passenger dues Terms and conditions Passenger dues are levied on vessels and vehicles operating passenger services. This charge applies for both embarking and disembarking passengers, and for passengers using facilities at the Port of Tromsø such as waiting rooms and toilets, custom-built gangways, secured passenger walkways and other structures acquired or built specially for passengers. Basis of calculation for passenger dues Passenger dues are calculated on a per-passenger basis. Standard passenger dues may be replaced by fixed agreements. 3.6 Charges for land-based transport Terminal fees A fee will be levied on goods that arrive by land and for which the port's outdoor storage areas or warehousing are used for loading, discharge or reloading, based on the same rates and rules that apply for goods charges. This also applies to goods that are loaded, discharged or reloaded on leasehold land. Basis of calculation for terminal fees The same as applies for goods charges. Goods charges are calculated on the basis of cargo weight or per unit. However, the goods charge levied on goods with high volume and low weight will never be less than one-third of a tonne per cubic metre. Exemptions to the liability to pay terminal fees Goods on which the standard goods charge is levied. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 13 of 21

14 Vehicle dues All vehicles using the Port of Tromsø's roads or outdoor storage areas or parking on the port's premises must pay vehicle dues. This also applies to trailers, etc. Exceptions may apply subject to prior agreement with the Port of Tromsø. Basis of calculation for vehicle dues Vehicle dues are calculated on the basis of the vehicle's total weight: a) Automatic access Carriers visiting the terminals may be issued with automatic vehicle access with a separate pricing schedule for vehicle dues. b) Individual agreements and estimated agreements Individual agreements can be made with companies on leasehold land. Parking is not included in prices for individual contracts. An estimated agreement may be arranged if automatic access is inconvenient for the customer or the Port of Tromsø. c) Parking Parking is only allowed in the designated parking spaces and subject to prior agreement. The Port of Tromsø may levy additional charges on vehicles that are parked outside the designated spaces, and may arrange for them to be towed away at the owner's expense. d) Use of vehicle-mounted crane Users may only load and discharge their own vehicles. Exempted from vehicle dues Vehicles under 3.5 tonnes. 3.7 Crane hire, external crane operator Permission to use mobile cranes on the Port of Tromsø's premises must be obtained from the Port of Tromsø. Crane hire is charged for the time taken to perform the operation. Basis of calculation for crane hire Crane hire is charged on an hourly basis. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 14 of 21

15 3.8 Area rental Long-term rental of outdoor storage areas, warehousing and office space is regulated by separate rental agreements. Terms and conditions for short-term rental of outdoor storage areas 1. An agreement shall be entered into before goods or equipment are installed. Goods and equipment shall be placed inside the agreed area. 2. The goods owner or operator shall clear and clean the area after use. Spaces that are not cleared or cleaned will be remedied by the Port of Tromsø and the costs passed on to the goods owner/operator. 3. Short-term rental normally lasts for up to four weeks. Separate rental agreements shall apply for longer periods. 4. The Port of Tromsø may levy a daily charge for outdoor storage areas that are used without prior agreement or for use of areas not covered by the agreement. Basis of calculation for rental of outdoor storage areas The basis of calculation for rental of outdoor storage areas will be based on the areas specified in the agreement. 3.9 ISPS and security charges Purpose The ISPS Code (International Ship and Port Facility Security Code) was developed by the UN's International Maritime Organization (IMO), and was adopted on 12 December The EU has implemented the ISPS Code through Regulation No. 725/2004, which has been enforced in Norwegian law in line with the EEA Agreement. Parts of Norway's domestic shipping may also be covered by this regulation. Please refer to Regulations of 3 July 2007 no. 825 relating to the Protection of Ports and Port Facilities against Terrorism, etc., which implements international regulations for Norwegian ports in Norwegian legislation. The purpose of these regulations is to protect ports and ships against terrorism. The ISPS fee is intended to cover the investment and operating costs for carrying out necessary security measures to ensure safe traffic and safe transport of goods and passengers, and for terrorism preparedness. All ships and vehicles that call on an ISPS-approved port facility must pay the ISPS fee. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 15 of 21

16 Basis of calculation for ISPS fee ISPS port calls The ISPS fee is levied at a rate of 30% of the quay dues per day. Actual cost of security arrangements are charged in addition. Cruise ships Passenger ships pay ISPS fees on a per-passenger basis. Cruise ships conducting passenger turn around must pay for both embarking and disembarking passengers. In cases where the ISPS charge per passenger does not cover the Port of Tromø's security arrangements, the vessel will be levied the same ISPS charge as that levied on other ISPS port calls (30% plus security). General provisions Any additional costs generated by changes in arrival time or departure times made with less than 24 hours notice will be levied on the vessel. During normal operation at security level 1, the ISPS fees stated in Port tariffs for use of infrastructure and services provided at the Port of Tromsø will apply. During situations where the security level is raised, the vessel shall cover any additional costs for measures necessitated by the port call Charges for access to secure areas The Port of Tromsø administrates access systems related to security measures and the ISPS Code. The Port of Tromsø levies a charge for access to and registration in these systems to cover maintenance and administrative costs. 4. Waste disposal fee Purpose The Port of Tromsø has established a system for receiving ship waste pursuant to Regulations of 1 June 2004 no 931 on Pollution Control, chapter 20, pursuant to Pollution Control Act, section 32a, second paragraph. The fee constitutes payment to cover costs in connection with receiving and managing waste from ships calling at the port. 1. The waste management fee must be paid by all vessels arriving at public quays, irrespective of whether waste is delivered for waste management or not. 2. An additional fee may be levied for ships that do not comply with the notification obligation if failure to do so creates extra costs for the Port of Tromsø. An additional fee may also be levied on ships that deliver excessive amounts of waste in proportion to vessel size, type and sailing time. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 16 of 21

17 Basis of calculation for waste disposal fee The waste disposal fee is calculated on the basis of the ship's gross tonnage. Minimum and maximum fees apply for vessels that do not deliver waste. Ships that deliver large amounts of waste or residues must pay Actual costs for container hire, transport and storage of waste. This means that they must pay waste management fees according to the type and amount delivered, in addition to an administration fee. Exemptions from the waste disposal fee Vessels under 50 gross tonnes. Exemptions from the waste disposal fee may be agreed if the following criteria can be documented: The waste is delivered regularly in another port with an approved waste disposal system. Other special considerations apply. Booking waste disposal services 1. Waste disposal services can be arranged by contacting the Port Control at the Port of Tromsø. 2. The captains on all ships travelling through the port must notify the Port Control at the Port of Tromsø of all deliveries of waste and residues to be made at the port: a) at least 24 hours prior to arrival if the port of call is known, or b) as soon as the port of call is known if this information is first available less than 24 hours prior to arrival, or c) on departure from the prior port of call at the latest, if the voyage lasts less than 24 hours. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 17 of 21

18 5. Administrative fee Purpose The Port of Tromsø, represented by the Port Board, stipulate the fees for processing applications to build in the sea area pursuant to Regulations of 20 December 2010 no on Administrative Fees pursuant to Act relating to Harbours and Fairways, section 1, pursuant to Act relating to Harbours and Fairways, sections 6 and 8. This fee covers the costs for processing applications for permits to build in the sea area. 1. The obligation to handle applications relates to all activities or installations that may affect safety or accessibility in the municipality's sea area. 2. An additional 20% will be added to the fee for applications involving multiple operations. 3. An owner or requisitioner who discontinues an application processes will be charged for the amount of work performed up to that point in time. 4. Fees for applications that are denied must nonetheless be paid in full, in accordance with Port tariffs for use of infrastructure and services provided at the Port of Tromsø. Basis of calculation for administrative fee The administrative fee is calculated on the basis of the scope of the case: 1. Operations involving mooring installations, quays, piers, bridges, overhead cables, breakwaters, filling, excavation, vessel storage, wiring, cabling and piping, and light sources. 2. Structures such as basic floating stages. 3. Operations requiring site inspection in addition to processing. 4. Prior meeting. 5. Billable hours will be charged for monitoring operations that were carried out contrary to the permit. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 18 of 21

19 6. Provision of services The Port of Tromsø provides services such as supplying fresh water and electricity, and performs various operations using work boats, cranes, vehicles and other equipment. Ordering services 1. Subject to agreement, the Port of Tromsø can hire out labour and provide services such as supplying fresh water and electricity, and performing various operations using work boats, cranes, vehicles and other equipment. 2. Enquiries and orders should be addressed to the Port Control at the Port of Tromsø. 3. Specials rules apply for ordering crane and vehicle services. 4. The Port of Tromsø provides services depending on available capacity. 6.1 Charges for fresh water and electricity supplies Terms and conditions 1. A one-off charge equivalent to one hour of labour is charged for supplying fresh water during regular working hours (winter) and (summer). 2. A connection fee is charged for supplying electricity during regular working hours (winter) and (summer). 3. The charge for supplying fresh water outside regular working hours is based on actual cost. 4. The charge for supplying electricity outside regular working hours is based on actual cost. Basis of calculation for fresh water and electricity supplies Supplies of fresh water are calculated on a per-tonne basis. Supplies of electricity are calculated on a per-kwh basis. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 19 of 21

20 6.2 Charges for crane and vehicle services Terms and conditions 1. All vehicles and cranes are hired out with certified operators from the Port of Tromsø. 2. Regular working hours for operation of crane and vehicle services are (winter) and (summer) on weekdays. 3. Crane and vehicle services to be undertaken after regular working hours must be ordered no later than on the same weekday. 4. Crane and vehicle services to be undertaken at weekends or on public holidays must be ordered no later than on the preceding weekday. 5. The Port of Tromsø performs its activities in line with currently valid Norwegian laws and regulations and with particular emphasis on HSE (health, safety and environment). 6. All personnel who participate in operations where employees of the Port of Tromsø are involved must be certified and approved for the operation to be undertaken. 7. The customer must, if possible, order the service in good time to ensure capacity for the operation at the requested time. An administration fee will be levied on orders for such services. 8. The minimum period for hire of crane and vehicle services is one hour during regular working hours (winter) and (summer). 9. The minimum period for crane hire outside regular working hours is three hours. Basis of calculation for crane and vehicle services Crane and vehicle services are calculated on the basis of hourly rate and vehicle type. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 20 of 21

21 6.3 Charges for work boat services Terms and conditions 1. The work boat is hired out with a certified two-man crew. 2. Regular working hours for the work boat services is (winter) and (summer) on weekdays. 3. Work boat services to be undertaken after the end of a working day must be ordered before on the same weekday. 4. Work boat services to be undertaken at weekends or on public holidays must be ordered no later than on the preceding weekday. 5. The customer must, if possible, order the service in good time to ensure capacity for the operation at the requested time. An administration fee will be levied on orders for such services. 6. The minimum period for hire of work boat services is one hour during regular working hours (winter) and (summer). 7. The minimum period for hire of work boat services outside regular working hours is three hours. 8. The Port of Tromsø performs its activities in line with currently valid Norwegian laws and regulations and with particular emphasis on HSE (health, safety and environment). Basis of calculation for work boat services Work boat services are calculated on an hourly rate. Commercial Terms and Conditions, Port of Tromsø, 2018 Page 21 of 21