TERMINAL SERVICES TARIFF FOR NANAIMO ASSEMBLY WHARF AND DUKE POINT DEEP SEA TERMINAL

Transcription

1 TERMINAL SERVICES TARIFF FOR NANAIMO ASSEMBLY WHARF AND DUKE POINT DEEP SEA TERMINAL Effective: April 1, 2013

2 CONTENTS BASIC TERMS... 2 TERMINAL INFORMATION AND FACILITIES... 3 NANAIMO ASSEMBLY WHARF... 4 DUKE POINT DEEP SEA TERMINAL... 5 DUKE POINT MULTI-USE AREA... 5 FOREST PRODUCTS... 8 COMMODITIES N.O.S PORT CHARGES VESSEL CHARGES EQUIPMENT RENTAL RATES STORAGE AND OTHER SERVICES MAN HOUR RATES GENERAL TERMS AND LIMITS OF LIABILITY Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 1 of 22

3 BASIC TERMS Charges Charges for terminal services shall not exceed the rates published in this Tariff. All charges herein, when not absorbed by the Ocean Carrier, are for the account of the Owner, Charterer, Agent, Shipper or Consignee of the cargo, unless otherwise specified. All charges in this Tariff are quoted in Canadian dollars and are based on performing the work during Straight Time operating periods. GST is not included with the rates and charges quoted in this Tariff. Effective Date and Charges This Tariff and all rates, charges, terms, conditions, rules and regulations contained herein shall apply to all traffic and cargo at Nanaimo Assembly Wharf and Duke Point Deep Sea Terminal on and after April 1, 2013, the effective date of this Tariff. This Tariff shall be subject to change without specific notice and such changes will be effective from the dates specified. Please contact the Nanaimo Port Authority at PO Box 131, Nanaimo, BC V9R 5K4 regarding currency of the provisions of this Tariff. Amendments may be made to this tariff from time to time. The current Tariff will be posted on the Port website at Information regarding Nanaimo Port Authority may be obtained at the following address: Nanaimo Port Authority 100 Port Drive/PO Box 131 Nanaimo, BC Canada V9T 5K4 Telephone: Fax: Website: Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 2 of 22

4 TERMINAL INFORMATION AND FACILITIES Corporate Office: Nanaimo Port Authority 100 Port Drive Nanaimo, BC Canada V9R 0C7 Mailing Address: PO Box 131 Nanaimo, BC Canada V9R 5K4 Courier Address: Nanaimo Port Authority 100 Port Drive Nanaimo, BC Canada V9R 0C7 Telephone: Fax: Hours of Business: Regular office hours 0830 to 1630 hours, Monday to Friday Terminal Operation - 24 hours per day, 7 days per week General Enquiries Rates: Marketing & Sales Terminal Operations Marine Operations ext ext ext. 239 Terminal Service Contractor: DP World Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 3 of 22

5 NANAIMO ASSEMBLY WHARF Location: Terminal Area: Berthing Facilities: Warehouse Facilities: Rail Facilities: Ramp Facilities: Water & Electricity: Inner Harbour, downtown Nanaimo 15 hectares (37 acres) paved area Length Berth 'A' metres (600 feet) Berth 'B' metres (600 feet) Berth 'C' metres (600 feet) #1 2,787 m 2 (30,000 square feet) Height metres (40 feet) #2 2,787 m 2 (30,000 square feet) Height metres (40 feet) #3 2,758 m 2 (29,687 square feet) Height 9.15 metres (30 feet) (#3 accessed by covered barge ramp) Serviced by Southern Railway of Vancouver Island 60 tonne (132,276 pound) Coastwise Barge Ramp Width: 4.04 metres (13.25 feet) Length: metres (70.0 feet) Available at all Berths Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 4 of 22

6 DUKE POINT DEEP SEA TERMINAL Location: Terminal Area: Duke Point Industrial Park, Northumberland Channel - Nanaimo Harbour Limits 6 hectares (15 acres) paved area Berthing Facilities: Length Low Water Depth Berth 'D' metres (558 feet) 13.5 metres (44 feet) DUKE POINT MULTI-USE AREA Location: Site Area: Ramp Facilities: Adjacent to Duke Point Deep Sea Terminal within Duke Point Industrial Park 19.5 hectares (48.2 acres) Land available for lease For enquiries contact ext tonne (220,460 pound) Barge Ramp Width: 6.4 metres (21 feet) Length: 30.5 metres (100 feet) EQUIPMENT Servicing Nanaimo Assembly Wharf & Duke Point Deep Sea Terminal Total Lift Capacity Machine 1 6-8,000 pound Fork/clamp Clark 2 16,500 pound Fork/clamp 8 30,000 pound Fork 10 35,000 pound Fork 1 80,000 pound Container handling toplift 4 88,000 pound Lumber/pulp/newsprint trailers 2 Tractors 1 40 tonne Container handling crane Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 5 of 22

7 GENERAL SAFETY POLICIES The Company has four main safety policies that all persons must adhere to: 1) ALL EMPLOYEES OR VISITORS TO THE PROPERTY MUST WEAR A HIGH VISIBILITY VEST 2) ALL EMPLOYEES OR VISITORS THAT WALK ON THE PROPERTY MUST WALK WITHIN THE SAFETY WALKWAYS 3) ALL EMPLOYEES AND VISITORS TO THE PROPERTY MUST COMPLY WITH THE OCCUPATIONAL HEALTH AND SAFETY REGULATIONS FOR SAFETY FOOTWEAR 4) ALL COMPANY VEHICLES AND EQUIPMENT HAVE THE RIGHT OF WAY ACCESS AND SECURITY Marine Transportation Security Act and the Regulations Access to the Property is provided in the Company s sole, unfettered discretion and in all cases subject to and in accordance with the Marine Transportation Security Act and the Regulations thereto. ENTRY ONTO THE PROPERTY NPA may at any time in its sole, unfettered discretion, which it can exercise arbitrarily, unreasonably, without notice, without explanation, and without liability to or recourse by any person: a) Refuse permission to any person to enter the Property, revoke permission to enter to the Property previously granted to any person, and require any person to leave the Property; b) Determine whether it believes that a person may be impaired, by alcohol, by drugs or otherwise, and refuse permission to that person to enter the Property, revoke permission to enter to the Property previously granted to that person, and require that person to leave the Property. CONDITIONS OF ENTRY Every person who enters the Property must comply with each and every term and condition upon which permission to enter may be granted. As condition of permission to enter the Property, every person waives all claims against the Company and all of its Contractors with respect to or arising out of any death or personal injury of any nature whatsoever that may be suffered or sustained by that person, by any employee, licensee, invitee, guest or agent of that person, or by any other person while at the Property, from any cause whatsoever, and for any loss or damage or injury to any property outside or within Property belonging to that person, to its employees, agents, customers, licensees, invitees, guests, or to any other person, whether or not such death or personal injury, loss, damage or injury results from an act, omission or negligence of the Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 6 of 22

8 Company or any of its Contractors or any other person or entity for whom the Company or any of its Contractors is, in law, responsible. Every person who invites another person to enter onto the Property, or who requests permission for another person to enter onto the Property, or on whose behalf another person enters onto the Property, warrants that the other person entering will comply with each and every term and condition upon which access may be granted. VEHICLE ACCESS The Company may at any time in its sole, unfettered discretion, which it can exercise arbitrarily, unreasonably, without notice, without explanation, and without liability to or recourse by any person, refuse permission to any person to bring a vehicle or anything else onto the Property, revoke permission to bring a vehicle or anything else onto the Property previously granted to any person, and require any person to remove from the Property a vehicle or anything else. Any person bringing a vehicle on to the property must: a) enter through the main security gate only; b) park in designated parking spots only; c) drive with extreme caution; d) yield to Cargo-handling vehicles and equipment, which always have the right of way; e) comply with any further requirements imposed in any Nanaimo Port Authority Vehicle Access Policy that may be in effect from time to time. Any person who brings a vehicle on to the Property does so entirely at his, her, or its own risk. Neither the Company nor any of its Contractors will be liable to any person, whether by way of indemnity or by reason of breach of contract or in tort, including liability for negligence and breach of statutory duty, or on any other legal or equitable basis for damage to any vehicle brought onto the Property. Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 7 of 22

9 FOREST PRODUCTS Terminal charges on packaged lumber are based on lumber packages conforming to the BC Export Packaging schedule. All wharfage and handling rates for lumber are based on net or actual measurement. Extra handling for forest products received without a specified destination may be subject to additional charges. Any additional labour outside of the normal receiving, handling and delivery to vessels may also be subject to additional charges. Handling rates are based on straight time labour charges only and for other shifts, a rate differential will apply. 1 Packaged Lumber Rate per Mfbm From truck or carrier to storage, then to shipside or carrier Non-stickered packages Scow loading or unloading Direct transfer scow to vessel Miscellaneous Service: Shifting (excludes sorting) Stenciling Undercover storage Sorting Wharfage $1.60 $6.00 Handling $21.60 add $2.00 add $3.00 $5.00 By arrangement By arrangement By arrangement 2 Unitized Pulp Rate per Metric Ton From truck or carrier to storage, then to shipside or carrier metric tons Over 2000 metric tons Scow loading or unloading by arrangement 3 Plywood, Veneer, Aspenite and Kraft Paper From truck or carrier to storage, then to shipside or carrier Scow loading or unloading by arrangement Conditions plywood to be blocked for forklift operation 4 Newsprint From truck or carrier to storage, then to shipside or carrier Scow loading or unloading by arrangement To/from van storage 5 Shingles or Shakes Palletized (in bundles) From truck or carrier to storage, then to shipside or carrier Wharfage $1.70 $1.70 Handing $20.50 $20.30 $1.70 $19.20 $1.70 $24.70 add $5.00 $2.65 $ Logs, Poles and Pilings Rate per Mfbm From truck or carrier to storage, then to shipside or carrier (by Scribner Scale) Wharfage $2.85 Handling Cost Plus 15% Revised: July 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 8 of 22

10 COMMODITIES N.O.S. Unit Basis Wharfage Handling 1 All goods not otherwise specified with a cubic content of: (a) Less than 1m 3 per metric ton (b) Equal to or greater than 1m 3 per metric ton m 3 $1.70 m 3 $ Iron and steel, including bars, beams, casings, pipes, tubes, plates, rails and nails M/T $1.60 By Arrangement 3 Sand, gravel, salt, etc., including slipway charges m 3 $1.70 By Arrangement 4 Wood chips M/T $2.25 By Arrangement 5 Minimum billing charge - $15.00 $2.65 By Arrangement 6 Petroleum transfers, service & facility By Arrangement Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 9 of 22

11 PORT CHARGES 1. Harbour Dues Effective February 1, 2007 Harbour dues are payable on every vessel that enters the harbour at the following rates: (a) Registered vessels, Gross registered tonnage, per GRT $0.075 (b) Unregistered vessels, Gross tonnage as determined by the Harbour Master, per GRT $0.075 Harbour dues are not payable in respect of a ship: (a) (b) (c) (d) Of a non-commercial type or design that belongs to Her Majesty in right of Canada or province or to a foreign government; Of a non-commercial type or design that is used solely for pleasure; In distress that enters the Harbour for emergency services or repair and does not engage in commercial activity; or Of Canadian registry that is engages exclusively in fishing operations pursuant to a valid license to such ship un the Fisheries Act, the Northern Pacific Halibut Fishery (Convention) Act, or the Northern Pacific Fisheries Convention Act. Harbour dues are not payable in respect of the same ship more than five times in any calendar year. (a) Minimum billing charges $25.00 Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 10 of 22

12 VESSEL CHARGES 1. Berthage - Effective April 1, 2012 Charges for berthing a vessel will be: (a) (b) $0.23 per metre of length per hour (or part thereof) at the Nanaimo Assembly Wharf and Duke Point Deep Sea Terminal, where length means the overall length of a ship In metres, or a Minimum charge of $ per day 2. Handling of Ships Lines - Effective April 1, 2013 Tying Up Letting Go 0800 to 1630 hours Monday to Friday, excepting recognized holidays $1,607 $1, to 0100 hours Monday to Friday inclusive $1,990 $1, to 0800 hours Monday to Friday inclusive $2,426 $1, to 1630 hours Saturday $2,019 $1, to 0800 and 1630 to 0100 hours Saturday and Sunday all shifts $2,491 $1,662 Recognized holidays at any time $3,080 $2,055 The above rates are computed on a four (4) hour basis. Should any line call go beyond a four (4) hour call, a second four (4) hour call will be charged. Where additional linesmen are required, they will be charged out at the applicable man hour rate on a four (4) hour basis. 3. Communication Charges Charges Daily Charge $ Fresh Water Charges Per Metric Ton $4.60 Hose connections, per connection, includes 30 metres of hose $ Each additional 15 metre length of hose $ Security Charges All vessels on berth will be assessed a security fee of $21.00 per hour Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 11 of 22

13 EQUIPMENT RENTAL RATES 1. Equipment Rental Rates (a) Without Operator Lift Truck under 3,629 kg (8,000 lb) Per Hour $ Lift Truck 3,629 kg up to 4,536 kg (10,000 lb) Per Hour $ Lift Truck over 4,539 kg up to 7,258 kg (16,000 lb) Per Hour $ Lift Truck over 7,258 kg up to 13,608 kg (30,000 lb) Per Hour $ (b) With Operator (minimum 1 hour) Add Man Hour Rate 2. Specialized Equipment and/or Attachments By Arrangement Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 12 of 22

14 STORAGE AND OTHER SERVICES 1. Storage Charges Storage of goods in warehouse or open yard By Arrangement 2. Other Service (N.O.S.) By Arrangement Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 13 of 22

15 MAN HOUR RATES Man Hour Standard and Shift Differential Rates Straight Time Shift Differentials A B C D E Longshoreman Basic $ $ $ $ $ Longshoreman - #4 $ $ $ $ $ Longshoreman - #3 $ $ $ $ $ Longshoreman - #2 $ $ $ $ $ Longshoreman - #1 $ $ $ $ $ Foreman $ $ $ $ $ A = Delay Rates Monday to Friday 0800 to 1630 B = Extra Labour Cost Plus C = Monday to Friday 1630 to 0100; Saturday 0800 to 1630 D = Monday to Sunday 0100 to 0800; Sunday 0800 to 1630; Saturday and Sunday 1630 to 0100 E = General Holidays, All Shifts Skill Differentials, for Longshoreman Dockworks Longshoreman #1 Longshoreman #2 Longshoreman #3 Longshoreman #4 $1.75 per hour Tradesman $1.00 per hour N/A $0.65 per hour Ship and Dock Mobile Equipment Operator Tradesman (uncertified) Lockerman/Gearman Head Checker $0.50 per hour Checker Man Hour Shift Extensions & Meal Hour Penalty Differential Rates A B C D E F G H I $ $ $ $ $ $ $ $ $ Longshoreman Foreman Effective: April 1, 2013 Revised NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 14 of 22

16 MAN HOUR RATES (cont d) A = B = C = D = E = Monday to Friday 0800 to Hour Shift Extension and 1/2 Hour Meal Penalty Monday to Friday 0800 to Hour Minimum to 4 Hour Maximum Shift Extension; Foreman Double Shift Rate Monday to Friday 1630 to All Shift Extensions and 1/2 Hour Meal Penalty Saturday 0800 to Hour Shift Extension and 1/2 Hour Meal Penalty Monday to Friday 0100 to All Shift Extensions and 1/2 Hour Meal Penalty F = Saturday 1630 to 0100 and 0100 to 0800; Sunday All Shifts - All Shift Extensions and 1/2 Hour Meal Penalty G = H = Saturday 0800 to Hour Minimum to 4 Hour Maximum Shift Extension General Holidays All Shifts - All Shift Extensions and 1/2 Hour Meal Penalty I = Monday to Friday Day Shift Start to 0800 Note: The above excludes uninterrupted operations for Foremen Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 15 of 22

17 MAN HOUR RATES (cont d) 1. Application of Man Hour Rates Straight Time Days Straight Time Days refers to the hours between on weekdays, Monday through Friday, not including any full day designated as a holiday by governing bodies or such holidays as are applicable under collective bargaining agreements. Overtime Overtime is work performed in overtime hours or on Saturdays, Sundays or holidays as defined in current labour agreements, for which the Port Authority shall be reimbursed the difference between the straight time costs and overtime costs for all labour and supervision employed in accordance with the Man Hour Rates set out in this Tariff. Standby Charge Standby Charge is to cover cost of men idled awaiting late arrival, collective bargaining agreement rest periods, or any other situation causing non-ability of the vessel to load or discharge. The Standby Charge is applied when dock labour is ordered for a specific time and ready to work, or having started, are delayed for a period of or exceeding ten (10) minutes at any time during that work, such delays caused by no fault of the Nanaimo Port Authority. When standby extends for ten (10) minutes, the first period and the following each ten (10) minute period, or fraction thereof, is subject to the Standby Charge at Man Hour Rates as set out in this Tariff. Dead Time (Guaranteed Time) Dead Time (guaranteed time) is the time after completion of stevedoring or other services when such work is completed before the expiration of the minimum time guaranteed under labour s collective bargaining agreements and awards. Dead time will be applied to men who cannot be transferred to other similar work in order to fill out the time remaining in a given guaranteed period. Charges will be assessed at the actual cost of such non-productive hours of labour plus applicable fringe benefits and a percentage for overhead. Specific Service When the Wharfinger is requested to furnish labour for a Specific Service, and such service is completed before the expiration of a minimum time allowed under current collective agreements and awards, the parties authorizing such work shall be assessed for the time of such labour which accrues after the service is completed and until the end of the minimum time allowed in accordance with the Man Hour Rates set out in this Tariff. Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 16 of 22

18 GENERAL TERMS AND LIMITS OF LIABILITY DEFINITIONS Agent(s) B/L: Carrier: Charges: Company: Container: Containerized Goods: Goods: M/E: N.O.S.: Overtime: Owner: Package: includes DP World Vancouver. means a Bill of Lading. means a vessel, a railroad operator offering to transport or transporting goods by rail, and a motor carrier offering to transport or transporting goods by road. are assessed on the goods and are due from the Owner of the goods as soon as they are incurred and shall be paid to the Company at its office at the Nanaimo Port Authority. means Nanaimo Port Authority and/or its Agents. means a container without wheels or chassis that is rigid, reusable, capable of being mounted or dismounted and handles by standard container handling equipment, and that is used by ocean carriers for transportation of goods on board vessels, and includes any container that is insulated, refrigerated, or dry cargo, rigid, non-disposable dry cargo, insulated, refrigerated, flat rack, vehicle rack, liquid tank or open-top container, demountable, without wheels or chassis attached, furnished or approved by a carrier for transportation of goods aboard its vessel. are goods received in a container for movement intact between vessel and inland carrier. means cargo of any kind and description including its packaging. is the charge based on man-hour rates and equipment rental as set out in the following schedules. means Not Otherwise Specified. refers to work performed in overtime hours, as defined in current labour agreements, for which the Company will be subject to rates as contained in this Tariff. in respect of goods, includes the agent, sender, shipper, consignee or bailee of the goods, as well as the carrier of such goods to, upon, over or from the Property of the Company. means each single unit of cargo handled or intended to be handled at one time, including any container inclusive of its contents where the company has not been involved in either stuffing or destuffing and including any unitized goods. Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 17 of 22

19 Property: Terminal Charges: Throughput: Unit Basis: Unitized Goods: Vessel: means the wharves, terminal facilities and industrial area designated by the Company for the handling of cargoes and passengers. refers to an all-inclusive rate assessed per Unit Basis, and means the charge for moving the Goods from or to, under Vessel slings, to or from an ordinary place of rest and loading Goods from an ordinary place of rest to motor transport vehicles but does not include the cost of labour or materials for bracing or otherwise securing the Goods during straight time working hours. means the load/unload of Container to/from Vessel and placement/removal to/from truck/vessel. is to be used for calculating the charges on the goods as specified. are a consolidation of uniform shipping packages secured to pallets or by other means where the individual component shipping packages are banded or otherwise securely held together to form a single shipping unit in order to facilitate mechanical handling and which remains intact until removed from the Property of the Company. means the carrier of goods by water, its Owners, operator and charterers. Weight/Measure/Unit: refers to the sections on Weights and Measurements and Conversions. Wharfage: means the fee for: a) goods unloaded from or loaded to a vessel; b) goods transshipped from vessel to vessel; c) goods unloaded overside from a vessel to the water or loaded overside to a vessel from the water; d) goods loaded from or placed to the water; e) goods unloaded from or loaded to a vehicle; and f) where goods are transshipped overside from vessel to vessel, unloaded overside from vessel to water or loaded from water to vessel, wharfage on those goods will be charged at the rate set out in this Tariff. LIMITS OF LIABILITY Goods will be accepted, stored and handled by the Company on the following terms and conditions: 1. In any legal or other proceeding in which destruction, damage, loss or disappearance of the goods is in issue, the burden of proving the fact of such destruction, damage, loss or disappearance, the cause thereof, and the responsibility therefore, shall lie always with the Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 18 of 22

20 claimant; the Company and its employees, servants and agents being at all times presumed to have exercised due care in the custody and handling of the goods until the contrary is specifically proved by evidence, any rule of law or procedure to the contrary notwithstanding. 2. The Company, its employees, servants and agents shall not in any event be liable for any loss or damage to or in connection with the goods in an amount exceeding the lessor or least of: (a) (b) (c) (d) where lost, the Fair Market Value; where damaged, the Repair Costs; the Per Package Limitation; where the rate charged by the Company is based on the quantity of Goods, the Rate-Based Limitation; where: (e) (f) (g) (h) the Fair Market Value is the fair market value of the Goods lost, ex-nanaimo Port Authority, on the date of loss of the Goods; the Repair Costs are the reasonable repair costs of the Goods damaged; the Per Package Limitation is $100 per Package; the Rate-Based Limitation ( RBL ) is the amount invoiced by the Company for terminal services provided with respect to the Goods lost or damaged, calculated as follows: RBL = IT x (QD / QG) Where IT = the total amount invoiced by the Company for Terminal Services provided with respect to the class of Goods in which the damaged or lost goods are included QG = total quantity of Goods of the class for which the amount IT was invoiced expressed in the unit of measure referred to in the invoice QD = the quantity of Goods lost or damaged, stated in the same units as QG and/or portions thereof The Company does not and will not provide insurance for the benefit of any party who may suffer loss as a result of the limitation provisions contained in this Tariff. Such parties are encouraged to obtain their own insurance to cover such loss. Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 19 of 22

21 3. Neither the Company nor its employees, servants or agents shall in any event be answerable with respect to any claim for loss or damage unless written notice thereof has been given to the Company not more than thirty (30) days after the goods have left or should have left its actual custody, and unless a detailed, itemized and final claim has been lodged with the Company not more than six (6) months following the incident alleged to have caused the loss or damage and unless legal action to enforce the same has been commenced not more than one (1) year following the incident alleged to have caused the loss or damage. 4. The Company, their employees, servants and agents shall be entitled to claim the benefit of the same exceptions, exemptions, restrictions and limitations with respect to liability as are set out in the Carrier's favour in any bill of lading contract of affreightment or similar document relating to the goods in question, and the Owners, consignees and all others having a property interest in the said goods, agree that the Carriers are the agents of the Company for the purpose of contracting these terms, and the Company authorizes the Carrier to so act as agent of the Company. Where, however there is any inconsistency between the terms of such bill of lading, contract of affreightment or similar document and the terms of this Tariff, the term of this Tariff will prevail. 5. Delays and Damage The Company shall not be liable for: a) any losses arising out of delays in loading, unloading, receiving, delivery or handling of any Goods, or b) any loss or damage to Goods or any other personal property including containers or chassis which may be on the Property, howsoever caused, except to the extent that the loss or damage occurs directly and solely as a result of gross negligence or willful misconduct on the part of the Company, its employees or agents. 6. Injury to Persons (Including Death) The Company shall not be liable for any injury to passengers from Vessels or to any other persons (including death at any time resulting from any such injury), occurring in, on or about the Property, save and except only to the extent that such injury occurs directly and solely as a result of gross negligence or willful misconduct on the part of the Company. 7. No Right of Deduction or Set-Off Notwithstanding any liability of the Company hereunder, Owners, shippers, consignees, carriers, other cargo or Vessel interests, and other persons responsible for charges under this Tariff, shall not be entitled by reason of any such liability to any deduction from, reduction of, set-off against or waiver of any terminal charges, all of which shall be paid in full as and when due. 8. Owner's Risk Cargo which, because of its inherent nature, is subject to deterioration, spoilage, shrinkage, oxidization, wastage, rust, tarnish, discoloration, breakage, leakage, chafing or any other peculiar Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 20 of 22

22 loss or damage that may occur despite accepted practices for the case of cargo, or glass, liquids, and fragile articles, will be accepted only at Owner's risk. Timber and log or lumber rafts and all watercraft, if and when permitted by Nanaimo Port Authority to be moored at dolphins, at wharves or alongside Vessels, are at Owner's risk for loss or damage. 9. Charter Party Agreements, Sales Contract, etc. The existence of any agreement in connection with a charter party, sales contract, or otherwise, which purports to relieve a Vessel, its Owner, agent or operator, of any charge properly assessable against same under this Tariff, will not relieve said Vessel, its Owner, agent, or operator from liability for the payment of such charge. 10. Inspection and Acknowledgement of Receipt of Goods from the Company Every person shall, immediately upon receipt of goods from the Company, and before the goods are removed from the Property, inspect the goods, acknowledge to the Company in writing the receipt of them in good order and condition subject only to such damage or shortage as may be specified in writing on the written acknowledgement. All parties with any interest in the goods are deemed to have authorized and required the receiver of the goods to conduct such inspection and acknowledge receipt in accordance with this provision. Sufficient loading and handling materials must be supplied by and is the responsibility of the transport carriers for securing cargo to their transport units. In addition to the preceding, please refer to the specific limits of liability included in the respective cargo sections within this Tariff. WEIGHTS AND MEASUREMENTS Shipping weights and measurements shown on shipping documents are subject to checking by the Company and the actual scale weight or measurement of the shipment as determined by the Company will govern rating and billing. Except as otherwise provided, rates named on a weight basis are to be applied to actual gross weight of the freight, and rates named on a measurement basis to the gross cubic measurement of the freight, but in no case shall the amount be less than the minimum to which the rates are subject. Charges for all cargoes N.O.S. are calculated on the weight or measurement of the goods, whichever yields the greater amount. If charges calculated on the basis of measurement exceed by a multiple of four times the amount that the charge would be if calculated on the basis of weight, the amount due will be the amount equivalent to four times the weight charge. Tonne W/M is the number of tonnes calculated by weight or measurement as follows: a) W - used to indicate weight, e.g. one thousand kilograms (1000 kg) b) M - used to indicate measurement, e.g. one cubic metre (1 m) Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 21 of 22

23 CONVERSION FACTORS Metre = feet Kilogram = pounds Litre = gallons ( US gallons) Metric Tonne (M/T) = kilograms = pounds = short tons (2000 pounds) = long tons (2240 pounds) Cubic Metre = litres = cubic feet = measurement tons (40 cubic feet) = Mfbm (thousands of board feet) = gallons (Imperial) = bushels (Imperial) = barrels (42 US gallons) Mfbm = 1000 board feet of lumber (12" x 12" x 1") = 1000 board feet of logs, as determined by "Scribner" scale TEU = 20 foot equivalent unit (container) Effective: April 1, 2013 NANAIMO PORT AUTHORITY TERMINAL SERVICES TARIFF Page 22 of 22