LASH TERMINAL
7205 W. Rezanof Dr.
Kodiak, Alaska 99615
PHONE:(907) 487-2151
FAX (907) 487-2106
TERMINAL TARIFF NO. 300
| Table of Contents | ||
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Rule Number |
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EFF: 01 January 2010
For application of individual charges, consult the subrules contained herein.
RULE: 34.1 -
APPLICATION OF TARIFF
(C)
EFF: 01 January 2010
SCOPE: The rules, regulations, conditions , commodity rates and/or charges set forth in this tariff apply to or from the following terminal (s)
NAME:
LASH CORPORATION
ADDRESS:
7205 W. Rezanof Drive
KODIAK, ALASKA 99615
NOTICE TO THE PUBLIC:
This tariff is published and filed as
required by law and is, therefore, notice to the public, shippers,
consignee and carriers, that the rates, rules and charges apply to
all traffic without specific notice, quotation or arrangement.
GENERAL APPLICATION:
Rates, charges, rules and regulations
provided in this tariff will apply only to merchandise received at or
shipped from the facilities or properties operated under the
jurisdiction and control of the LASH Terminal in Kodiak, Alaska.
Vessel charges and assessments provided in this tariff are applicable
to all vessels when such vessels are provided with dockage service or
other vessel services named in this tariff.
The rates, charges, rules and
regulations named in this tariff and additions, revisions or
supplements thereto shall apply on all freight at facilities subject
to this tariff. Unless otherwise specified, all transit freight
received at terminals and undelivered prior to the effective dates of
tariff, revisions, or supplements thereto, shall be charged the rates
in effect on the date such freight was received until lot or shipment
has been withdrawn.
ACCEPTANCE OF TARIFF:
Use of wharves and facilities shall be
deemed an acceptance of this tariff and the conditions named herein.
RULE: 34.2 -
ABREVIATIONS, SYMBOLS,
DEFINITIONS (C)
EFF: 01 January 2010
ABREVIATIONS:
| CFM | Cubic Feet Per Minute |
| % | Percent |
| Hr. | Hour |
| ' | Foot or Feet |
| Min. | Minute |
| " | Inch(s) |
| Ton | 2000 Pounds |
| $ | U.S. Currency |
| Lbs. | Pounds |
| WK | Week |
| X | Times |
| + | Plus/Including |
| / | Per |
| w/ | With |
SYMBOLS:
(A) Denotes Increase
(C) Denotes Change in Wording which
results in neither increase nor decrease in rates or charge
(D) Denotes Deletion
(E) Expiration
(G) General Increase or Decrease
(I) Denotes New or Initial Matter
(N) Reissued Matter
(R) Denotes Reduction
DEFINITIONS:
CARGO TERMINALS: The term "cargo
terminals" as used in this tariff shall mean the LASH Terminal
including all associated facilities such as warehouses, docks,
storage sheds and areas of access to and from the property at Women's
Bay in Kodiak, Alaska.
COMMON CARRIERS: "Common
Carrier" shall include a person or company who undertakes to
transport for the general public for compensation on regular
schedules, and who has filed a tariff with the Federal Maritime
Commission or the Interstate Commerce Commission.
DEMURRAGE: The term "demurrage"
as used in this tariff shall mean the charge assessed against cargo
remaining in or on terminal facilities after the expiration of free
time unless arrangements have been made for storage.
DOCKAGE: The term "dockage"
as used in this tariff shall mean the charge assessed against a
vessel for berthing wharf, pier, bulkhead structure or bank or for
mooring to a vessel so berthed. The dockage period begins and or ends
when vessel is made fast to or is freed from said structures and has
vacated the berth.
FREE TIME: The term "Free
Time" as used in this tariff shall mean the specified period
which cargo may occupy space assigned to it on Terminal property free
of wharf demurrage.
HOLIDAYS: Where reference is
made in this tariff to the term "holidays" the following
legal holidays are referred to.
(See Note 1)
Christmas Day
New Year's Day
Fourth of July
Thanksgiving Day
Labor Day
Veteran's Day
Memorial Day
Washington's Birthday
(Or any legal holiday that may be
proclaimed by State Or National Authority.)
NOTE 1 - When the holiday falls on
Sunday, the following workday will be designated as the holiday. When
the Holiday falls on Saturday, the preceding workday will be
designated as the holiday.
OVERTIME: The term "overtime"
as used in this tariff shall mean that period of time beginning at
5:00 P.M. and ending at 8:00 A.M., Monday through Friday, also any
authorized lunch hour(s).
PORT: The term "Port"
as used in this tariff shall mean the LASH Terminal, which is owned
by the LASH Corporation.
TERM STORAGE: Term storage is
storage for which arrangements have been made in advance of vessel or
cargo arrival at the Port.
TERMINAL USE PERMITS: The
service of handling, and other terminal services not specified
herein, may be provided by independent agents at the Port under
Terminal Use Permits issued by LASH Corporation. These permits are
available to any qualified agent desiring to provide longshoring
services at the Port. Holders of Terminal Use Permits are not agents,
servants or employees of the Port but are independent contractors.
Terminal Use Permits are not exclusive licenses or franchises.
WHARFAGE: The term “Wharfage” as used in this tariff shall mean the charge assessed against all freight passing over, onto, under or through the cargo terminal. Wharfage is charged for use of the wharf and does not include any other service.
Rule: 34.3 -
INSURANCE (I)
EFF: 01 January 2010
INSURANCE:
Rates in this tariff do NOT include insurance of any kind. All risks of
loss and damage while on docks or in storage must be assumed by
shippers, owners or consignees who may protect themselves against such
loss by covering their shipments with insurance.
(Subject to Subrule 34.4 (E) herein)
RULE: 34.4 -
LIABILITY LIMITS OF (I)
EFF: 01 January 2010
(A) No persons other than employees of
the holders of authorized "Terminal Use Permits" shall be permitted to
perform any services on the wharves or premises or the Lash Terminal,
except upon written authorization of the Lash Corporation. To and under
specific authorization, neither Lash Corporation, its agents or holders
of authorized "Terminal Use Permits" shall be liable for the injury of
such persons, nor for any loss, damage or theft occasioned by such
persons’ presence on the docks, wharves or premises.
(B) If and when other than the holders
of "Authorized Terminal Use Permits" are permitted to perform services
on the wharves or premises of the Lash Terminal, they shall be liable
for the injury of persons in their employ and shall also be held
responsible for loss, damage and theft occasioned by themselves or
persons in their employ.
(C) The holders of authorized "Terminal
Use Permits" and LASH Corporation or others are not responsible
for loss or damage caused by fire, frost, heat, dampness or decay,
animals, rats, mice or other rodents, moths, weevils or other
insects, leakage or discharge from fire protection systems, collapse
of buildings or structures, breakdown of plant protection system,
breakdown of plant or machinery or equipment, or by floats or logs,
piling or camel logs required in breasting vessels away from the
wharf, nor will they be responsible for any loss or damage or delay
arising from insurrections, shortage of labor, combinations, riots or
strikes of any person in their employ or in the service of others or
from any consequences arising therefrom.
(D) Users damaging Lash Terminal
Property will be responsible for cost of repairs. Users will be
billed for repairs to damaged property at cost, including overhead.
Where a user fails to pay repair
charges within thirty (30) days from the date he is billed, Lash
Corporation may sell any freight owned by the user, regardless of
whether this freight is in any way connected with the original
damage. The sale will be made in the manner described in Subrule 34.9
(F).
Further the Port reserves the right to
refuse access to Port to any user who fails to pay repair charges
within thirty (30) days of the date on which they are billed.
(E) No provisions contained in this
tariff shall limit or relieve the LASH Corporation from liability for
its own negligence nor require any person, vessel or lessee to
indemnify or hold harmless the LASH Corporation from liability for
its own negligence.
RULE: 34.5 - DELAYS
WAIVER IN
CHARGES (I)
EFF: 01 January 2010
Delays in loading, unloading,
receiving, delivering or handling freight arising from combinations,
riots or strikes of any person in the employ of the terminal
operator, or in the service of others, arising from any cause not
reasonably within the control of the terminal operator, will not
entitle owners, shippers, consignee, or carriers of freight to waiver
of wharf or terminal charges.
RULE: 34.6 - MANIFESTS
REQUIRED OF
VESSELS (I)
EFF:01 January 2010
Masters, owners, agents or operators of
vessels are required to furnish the port with complete copies of
vessels manifests showing names of consignees of consignors and the
weights and measurements of all freight loaded or discharged at the
facilities of the port. Such manifests must be certified as correct
by an authorized official of the company and must also designate the
basis weight or measurement on which ocean freight was assessed.
RULE: 34.7 - OWNERS
OR SHIPPERS RISK
(I)
EFF:01 January 2010
The LASH Terminal accepts no risks or
responsibility for freight damage or loss either during loading,
unloading or storage.
(Subject to Subrule 34.4 (E) herein)
RULE:
34.8 - BERTHING (I)
EFF: 01 January 2010
(A) All vessels, or their owners or
agents, desiring a berth at the wharves, shall within a minimum time
of twenty-four (24) hours, make advance application for berth,
specifying the date of docking, sailing and the nature and quantity
of cargo to be handled; application for berth is to be made in
writing to the port.
(B) Vessels berthing or departing must
use sufficient tugs and/or sound seamanship so that vessel can be
berthed or removed in a safe manner. Berthing speed shall not exceed
six feet per minute, which is the maximum speed allowed by the design
of the facility.
(C) Vessels may occupy a berth, subject
to charges named in the rate section, providing such vessel shall
vacate berth upon demand by the Port. Vessels refusing to vacate
berth on demand may be moved by tug or otherwise, and any expenses,
damages to vessel or to other vessels or wharf structures during such
removal shall be charged to the vessel so moved. Vessels at berth
engaged in loading or discharging cargo may be required to work
overtime at the discretion of the Port. Overtime differential shall
be for the account of the vessel’s owner, agent or operators.
(D) Berthing Priority - Order of
Preference:
1.Samson Tug & Barge Co., Inc.
2.Other Common carriers
3.Others
RULE: 34.9 - RIGHTS OF
TERMINAL (I)
EFF: 01 January 2010
(A) Right is reserved by the Port to
furnish all equipment, supplies and material and to perform all
services in connection with the operation of terminals under rates
and conditions named herein.
(B) Right is reserved by the Port to
enter into agreement with carriers, shippers, consignees and/or their
agents concerning rates and services, providing such agreements are
consistent with existing local, state and national law governing the
civil and business relations of all parties concerned.
(C) Right to refuse freight: Right is
reserved by Port to refuse to accept, receive or unload or to permit
any vessel to discharge at LASH Terminal or appurtenant premises.
(D) Right to Remove, Transfer or
Warehouse Freight:
(Subject to Subrule 34.4 (E) herein)
1. Hazardous or offensive freight,
which by its nature is liable to damage other freight, may be
immediately removed to other locations or receptacles with all
expense and risk for loss or damage for the account of the owner,
shipper, agent or consignee.
2. Freight remaining after expiration
of free time, and freight shut out at clearance of vessel may be
piled or repiled to make space, transferred to other locations or
receptacles or removed to public or private warehouse with expenses
and risk for damage for account of the owner, shipper, consignee,
agent or carrier as responsibility may apply.
3. Freight which in the judgment of
the Port may hamper normal operations of the wharf terminal.
(E) Right to Withhold Delivery of
Freight: Right is reserved by the Port to withhold delivery of
freight and/or services until all charges and/or advances have been
paid in full. At Port's discretion, any or all such freight may be
sold at public or private sale without advertising, provided owner
has been given proper notice to pay charges and to remove said
freight and has neglected or failed to do so within a prescribed
reasonable time.
(F) Right to Sell for Unpaid Charges:
Freight on which unpaid terminal charges have been accrued may be
sold to satisfy such charges and costs. Freight of a perishable
nature liable to damage other freight may be sold at public or
private sale without advertising, providing owner has been given
proper notice to pay charges and to remove said freight and has
neglected or failed to do so within a prescribed reasonable time.
(G) Dangerous Cargoes: (See Note Below)
It shall be unlawful for any person to
handle, transport, load, discharge, stow or retain any dangerous
cargo on any vessel at the cargo terminal, unless such person shall
have fully complied with the provisions of the Federal regulations
entitled, “EXPLOSIVES OR OTHER DANGEROUS ARTICES ON BOARD
VESSELS”,
as amended or promulgated by the Secretary of Commerce pursuant to
Sec. 4472, as amended, U.S. Revised Statues (46 U.S.C.170) and
entitled “U.S. COAST GUARD TANK VESSEL REGULATIONS”, as
amended
or promulgated pursuant to Sec.4417a of the U.S. Revised Statutes
(46U.S.C.391a) and any other applicable Federal, State or municipal
laws or regulations.
RULE:
34.10 HOUSEKEEPING (A)
EFF: 01 January 2010
(A) Flammable Cargoes: Users,
shippers, consignees and persons in charge of vessels will be
responsible for the following:
1.Providing steam and other heating
means to assure proper flow of petroleum products requiring such
heat.
2.Removal of temporary lines upon
completion of receipt or discharge of flammable liquids.
3.Preventing and containing any and all
spillage or leakage associated with the receipt or discharge of their
cargo(s).
(See Note 2)
4.Cleaning all petroleum products from
lines located on or adjacent to the petroleum terminal after vessel
completes loading or discharge.
(Unless otherwise authorized by LASH
Corporation).
NOTE: 1 - If the Port is requested
to perform any of the above users' responsibilities, all applicable
costs for performing such service(s) will be billed to users at cost
plus 30% for administrative costs.
NOTE 2 - Spillage and/or leakage of
petroleum, products or petroleum products or flammables must be
cleaned up immediately.
(B) General: Users of Port property
will be required to maintain same in an orderly manner as directed by
the Port. If user damages or does not clean property used, the Port
shall order the work performed and the user will be billed for
damaged property and/or uncleaned property at cost plus 30% for
administrative costs. (MINIMUM CHARGE FOR CLEAN UP IS $100.00)
Dumpsters will be provided for disposal of regular garbage at a cost
of $50.00 for a large dumpster and $25.00 for a small dumpster. These
charges are for the account of the user.
RULE: 34.11 - PAYMENT TERMS
(I)
EFF: 01 January 2010
(A) Term are cash. All fixed charges
named herein and charges made for all services shall become due and
payable as they accrue.
(B) Advancing Charges:
No Charge shall Be Advanced.
RULE: 34.12 -
COLLECTION AND
GUARANTEE OF CHARGES (1)
EFF: 01 January 2010
(A) Responsibility for charges:
Vessels, their owners, agents, masters and shippers or consignees of
goods, docking at or using the facilities covered by this tariff
thereby agree to be responsible, jointly and separately, for the
payment of charges assessed in accordance with this tariff. Rates,
rules and regulations of this tariff and liability for charges apply
without regard to the provisions of any bills of lading, charter
party agreements, contracts or any other conflicting provisions.
(B) Charges, From Whom Collected: All
charges in this tariff will be assessed against freight and when not
absorbed by the ocean and/or connecting carrier are due from the
owner, shipper or consignee of the freight. Charges of which the
vessels owner and/or agent have been appraised must be guaranteed by
the vessels owners and/or agent and will be collected from same.
Owners and/or agents of vessels, if and when permitted to make their
own deliveries of freight from wharf, will be held responsible for
payment of any charges against freight delivered by them and accruing
to the terminal.
(C) Payment of Charges: All charges
for services rendered by the terminal operator or for the use of
terminal property or terminal facilities are due in United States
currency as they accrue upon completion of services or uses. The Port
may request payment in advance as follows:
1. For all charges to the vessel from
its owners or agents before a vessel commences it’s loading or
discharging.
2. For all charges to the cargo, from a
vessel owner, charter, shipper or consignee before the cargo leaves
the custody of the terminal.
(D) Penalty Charges. In the event a
vessel, its owners or other users of the facilities are delinquent,
all unpaid balances shall accrue penalty charges beginning after
thirty days from invoice date. These charges shall be at the rate of
one and one half percent (l.5%) per month, with a minimum charge of
$3.00
RULE:
34.13 - RATES (I)
EFF: 01 January 2010
ITEM 300 Application Of Rates:
Except as otherwise provided, rates shall apply per ton of 2000
pounds or per cubic foot or by square foot as rated by carrier.
ITEM 305 Equipment Rental:
Equipment listed herein, when available, will be subject to rental on
approval of the Port. Rates named are for rental of equipment only
and do not include operators and/or oilers except as otherwise noted.
Terminal will supply operators and oilers at listed rates. One Hour
minimum crane time will be required during normal shift times. A two
(2) hour minimum will be required for any call out.
The following weekly and monthly rates
are charged at forty (40) hours per week and two hundred (200) hours
per month, does not include fuel and requires service by lessee. Long
term equipment leasing negotiated on a case by case basis.
EQUIPMENT:
|
Equipment Forklifts/Cranes |
Hour |
|
15 Ton Forklift/Crane |
$128.70 |
|
30 Ton Forklift/Crane |
$237.60 |
|
40 Ton Forklift/Crane |
$297.00 |
|
150 Ton Forklift/Crane |
$495.00 |
Demurrage will be charged for freight
remaining in the port after free time has expired, at the rate of
$1.15 per ton per day or $0.17 (17 cents) per square foot per day,
which ever is greater.
RULE:
34.15 - DOCKAGE (A)
EFF: 01 January 2010
Dockage charges are assessed upon
length-over-all (LOA) of vessel. Length-over-all is defined as the
linear distance, from the most forward point at the stem to the
after-most part of the stern, measured parallel to the base line of
the vessel.
Length-over-all of vessel as published
in "Lloyds Register of Shipper" will be used and when not
published, the Port reserves the right to: (A) Obtain the
length-over-all from vessel's register or (B) measure the vessel.
Dockage charges are computed on a
24-hour calendar day basis and are not subdivided for billing
purposes.
RATES ARE AS FOLLOWS:
|
Length |
Daily |
Weekly |
Monthly |
|
1 - 49' |
$34.50 |
$138.00 |
$414.00 |
|
50 - 99' |
$57.50 |
$230.00 |
$690.00 |
|
100 - 149' |
$86.25 |
$345.00 |
$1,035.00 |
|
150 - 199' |
$149.50 |
$575.00 |
$1,725.00 |
|
200 - 249' |
$207.00 |
$805.00 |
$2,415.00 |
|
250 - 299' |
$264.50 |
$1,035.00 |
$3,105.00 |
|
300' and larger |
$1.00 per foot |
N/A |
N/A |
|
(1) Tow vessels laying outside of tow, will be charged 50% of published rate. |
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MOORING BOUYS:
All vessels charged at $0.58 (58 Cents)
per foot per day.
LOADING RAMPS:
Use of Beach loading site or Paved
loading ramp will be charged at $100.00 per landing during loading or
unloading.
NOTE: Long term dockage/moorage
rates may be negotiated on a case bycase basis.
RULE:
34.16 - FREE TIME (I)
EFF: 01 January 2010
Freight may remain at the terminal for
a period of two (2) days prior to loading or after unloading before
demurrage charges are assessed.
RULE: 34.18 –
Terminal Storage (I)
EFF: 01 January 2010
Open, unfenced storage areas may be
rented, as space is available at a rate of $0.17 per square foot per
month with $57.50 being the minimum monthly charge. Large parcels
available on an annual basis and will be negotiated individually.
RULE
34.19 – WHARFAGE (I)
EFF: 01 January 2010
All freight will be assessed at a rate
$5.18 per ton (2000 lbs.) except as follows:
Fish Products - $4.02 per Ton
Raw Logs - $11.50 per 1000 Board
Feet-Scribner Scale or $3.45 per Ton if not “Scaled”.
Gravel - $1.15 per Ton
Inner Port Freight - $3.45 per Ton
Contaminated Waste Products - $11.50
per ton
RULE: 34.20 -
Miscellaneous Services
and Charges (C)
EFF: 01 January 2010
I. WATER: Potable water will
be charged at $28.75 for the first 1000 gallons and $6.90 per each
additional 1000 gallons.
II. GRID RATES:
|
Length |
Daily |
|
0 - 29' |
$34.50 |
|
30 - 74' |
$1.15 per ft. |
|
75 - 99' |
|
|
100 - 124' |
$1.38 per ft. |
|
125 - 149' |
$1.72 per ft. |
|
150' and over |
$2.30 per ft. |
|
Grid Dimensions: 40' x 120' |
|
III. Vessel Services
|
Length Overall |
Lift or Launch Price per Foot Each Way |
|
0 - 30' |
$5.75 |
|
31 - 44' |
$6.90 |
|
45' and over |
$8.05 |