Conditions, Rules and Regulations

Conditions, Rules and Regulations

1. ADMINISTRATION 

The Doraleh Container Terminal is managed and administered by Doraleh Container Terminal S.A.

2. JURISDICTION

The Operator has jurisdiction over all of the areas set out in the Terminal Facilities.

The Operator has the sole right to operate and manage the Terminal Facilities.

3. APPLICATION AND INTERPRETATION OF TARIFF

Tariff rules and regulations are issued by the Operator and regularly updated. The validity date is identified at the bottom of each page of the document.

These rates, rules and regulations shall apply equally to all users of the Terminal Facilities (and to any individual, person, firm or corporation engaged in and/or responsible for the handling of a vessel and/or the movement of its container, including but not limited to vessel and/or container Agents, Charters, Brokers, Freight Forwarders and Shippers or consignees) and shall apply to all traffic at the Terminal Facilities.

4. CONSENT TO TERMS OF TARIFF

The use of the Terminal Facilities shall constitute a consent to the terms and conditions of this tariff, and evidence of agreement on the part of all vessels, their Owners, Operators, Charterers, Mortgagees or Agents, the container Owners and Agents (Shippers or Consignees) and other users of the Terminal Facilities, to pay all charges specified, and to be governed by all rules and regulations appertaining to the Terminal Facilities.

5. TERMINAL’S MANAGEMENT HELD HARMLESS

Each vessel Owner, Operator, Charterer or their Agents whose vessel calls at the Terminal and each Owner or Agents of containers handled thereat as a condition to receiving services at the Terminal hereby agrees to indemnify and hold harmless the Management of the Operator, any of its agents, servants or employees (and any other person, firm or corporation engaged by the Management of the Operator to furnish labour, materials or equipment relating to the receipt or handling of unit loads or containers, their cargoes or vessels at the Terminal) from and against all losses, claims, demands and suits for damages ( including court costs and counsel fees), for death or personal injury or property damage that may be imposed upon the Management of the Operator or any of its agents, servants, employees or contractors by any vessel Owner Operator or Charterer or such cargo Owner (or their agents or employees) as a consequence of services received at the Terminal.

6. RESPONSIBILITY FOR DAMAGE TO FACILITIES

All users of the Terminal Facilities, or their agents, shall be responsible for any damages resulting from their use of berths or any of the Terminal Facilities and the Operator reserves the right to repair, or otherwise cause to be repaired, any and all such damages at the expense of such users.

7. EXONERATION FROM LIABILITY

a) DCT shall not be liable for any loss, damage, delay, error or omission whatsoever arising directly or indirectly from the following:-

i) Act of God including, but not limited to, storm, tempest, flood or lightening strike;

ii) War or hostile military action, rebellion, riot or civil commotion;

iii) Orders of any government, governmental or quasi governmental body, public, regulatory or local authority or body;

iv) Strike, lock-out or other industrial action;

v) Lack of or defective condition of packaging;

vi) Any act or omission of the Customer, consignor, consignee or other person interested in the Goods, Equipment or Ship or any person acting on behalf of any of them including their respective employees, agents and contractors;

vii) Any act, matter, event or circumstance occurring prior to the Goods or Equipment or Ship being delivered to the Terminal or subsequent to the Goods or Equipment or Ship leaving the Terminal;

viii) The nature of the Goods and/or Equipment and/or Ship exposing them to total or partial loss or damage due to breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration;

ix) Insufficiency or inadequacy of marks or numbers on the Goods and/or Equipment and/or Ship or the packaging of the Goods or Equipment;

x) Shortage of berthing space, labour, plant deficiency, fuel or power or insufficient depth of water at any berth or the approaches thereto;

xi) Any other cause or event which DCT is unable to avoid and the consequences of which DCT is unable to prevent by the exercise of reasonable care.

b) The Customer shall indemnify DCT against and hold DCT harmless from all and any claims, damage, losses and expenses arising from the following, except to the extent that they are due to the negligence of DCT:-

i) The act, omission or instructions of the Customer, consignee, consignor or owner or other persons interested in the Goods and/or Equipment and/or Ship;

ii) The nature and/or defective condition of the Goods and/or Equipment and/or Ship;

iii) Any breach of any warranty or obligation given or owed by the Customer to DCT in these conditions or elsewhere;

iv) All duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority and/or any expenses incurred in complying with the requirements of any authority in relation to the Goods and/or Equipment and/or Ship;

8. TARIFF REVIEW

The Operator reserves the right to alter, change, or amend from time to time any or all charges, terms, conditions or interpretations contained in this document with or without prior notice.

9. ACCESS TO RECORDS

The Management reserves the right of access to all cargo manifests, documents and other information relating to vessels or cargo for the purpose of audit and verification of reports filed and assessment of charges. Any such information so acquired shall be kept confidential.

10. INSURANCE

Charges published in this tariff do not include any expense for insurance covering the cargo, containers, vessels or other equipment, staff/workers employed and hired by the user. It is the Terminal Facilities users’ responsibility to provide such insurance coverage.

11. CURRENCY

All rates are stated in US Dollar (USD) and are payable in Djibouti Francs (DF) or US Dollar. One USD equal 178 DF but can be subject to changes.

12. BERTH WINDOW PROCEDURE

Users can obtain a fixed berthing window. All information can be obtained from the Operator.

Vessels without a fixed berthing window will be berthed at the Operator’s discretion.

13. PAYMENTS IN ADVANCE

The Operator may at its sole discretion estimate and collect in advance all charges which may accrue against Container or Vessels. Use of the Terminal Facilities, or permission to sail, may be denied until such advance charges have been paid.

14. PAYMENT OF INVOICES

14.1. Cash Payment

Unless otherwise agreed, all invoices as issued are due on presentation. Failure to pay may cause a lien to be placed on vessels or on the goods handled at the Terminal and the responsible party may be denied further use of the Terminal Facilities until all outstanding charges have been paid.

Failure to pay the outstanding invoice with 30 days, a penalty charge of 17 % will be levied on the invoiced amount.

14.2. Credit Facility Payment

Eligibility of the credit facility payment depends on the work and volume that clients have with DCT. Once a client is eligible, he needs to complete the following terms and conditions:

• Give a deposit payment to the Finance Department

• Settle the payable invoice every seven (7) days

For more information, please contact DCT’s Chief Financial Officer (Level 2, at Dar Al Karam building, Rue de Marseille)

15. OPERATOR WORKING HOURS

15.1. ADMINISTRATION

Terminal Administration working hours are from 08.00 to 16.30 hours, Sunday to Thursday, excluding public holidays and Fridays.

15.2. GATE AND OPERATIONS WORKING HOURS

Operations are available 24 hours a day, throughout the year.

15.3. INVOICING AND DOCUMENTATION OFFICE

Subject to change, the invoicing and documentation office working hours are from 07.30 to 20.30 hours, from Saturday to Thursday. On Fridays and public holidays, working hours are from 08.00 to 12.00 hours.

15.4. HOLY MONTH OF RAMADAN

The working hours during the holy month of Ramadan will change according to the discretion of the Terminal Operator. All Terminal Users will be noticed in advance about the changes.

16. SECURITY AND SAFETY

Terminal Facilities users are required to conform to all of the current safety rules and regulations issued by the Operator or any Local Authority. All Terminal Facilities users are expected to wear their Personal Protective Equipment (PPE). Failure to do so may cause access to be denied.

17. NOTICES BEFORE VESSEL ARRIVAL

Each Vessel Owner, Operator or Charterer expecting to dock a Vessel at the Terminal Facilities for the purpose of loading or discharging Container or Cargo shall give the Terminal Operator 48 hours prior notice of the arrival of such Vessel and furnish such information as the Terminal Operator may require (see Item 217.2.). Reconfirmation of the Vessel’s arrival shall be made by the Vessel’s Agent 24 hours prior to arrival.

For long term planning, a list of next month’s vessels forecast must be sent to the Operator every 15 days.

17.1 MARINE NOTICES AND CHARGES

Marine operations are ensured by the Port of Djibouti. Rules, regulations and rates are as per the Port of Djibouti’s rules, regulations and tariff.

17.2. DOCUMENTATION 

The following documents should be submitted to the Terminal Operator electronically at least 24 hours prior to the Vessel’s arrival. Vessel arriving from neighbouring ports (less than 24 sailing hours) shall submit those documents 12 hours prior to the vessel’s arrival. Failure to do so may result in the withholding of Vessel’s clearance to sail from the Terminal Facility until such time as they are made available. Late submission of each EDI file will be charged per document.

17.2.1. Discharging Vessels

- Bay plan in EDI in U.N. standard format.

- Discharge list with all relevant details.

- IMDG Declarations and Material Safety Data Sheet.

- Containers manifests with all relevant details.

- Discharging recap by category.

17.2.2. Loading Vessels

- Bay plan in EDI in U.N. standard format.

- Discharge list with all relevant details.

- IMDG Declarations and Material Safety Data Sheet.

- Containers manifests with all relevant details.

- Empty requirement by line operator/type/size

Note: For categories 17.2.1. & 17.2.2., in the absence of any hazardous or dangerous Cargo, a ‘NIL’ hazardous & dangerous Cargo declaration must be made.

18. VACATING OF BERTH

The Operator reserves the right to require a vessel to vacate its allocated berth.

19. DANGEROUS, HAZARDOUS OR OBNOXIOUS CARGO

The handling of such goods will be governed by the laws of the Republic of Djibouti, Operator’s rules and regulations and the International Maritime Dangerous Goods Code published by the International Maritime organisation (IMO) as listed below:

Class: 1 – Explosives

2 – Gases: compressed/liquefied/dissolved under pressure

3 – Flammable liquids

4 – Flammable solids/substances liable to spontaneous combustion

5 – Oxidizing substances and organic peroxide

6 – Poisonous and infectious substances

7 – Radioactive substances

8 – Corrosives

9 – Miscellaneous dangerous substances

The Operator reserves the right to refuse or to handle any container or provide storage which in its judgment is likely to damage human health, other cargo or property. The Operator may require specific cargoes to be loaded by the exporter or collected by the importer on a Direct Loading/Delivery basis. The Operator will inform the cargo owner 48 hours prior container receipt in the yard.

19.1 Class 1 transshipment container should be declared and approved by local Authority in order to be stored within the container terminal. Class 1 Import container should be on direct delivery.

19.2 Class 7 container is not accepted in Operator Terminal (unless otherwise instructed by the appropriate Authority).

19.3 Class 6.1 and 8 not cleared for delivery within eight (8) days, shall be notified in writing by the Operator to the User in order to agree on an evacuation solution. If a party does not reach an agreement within 48 hours after receipt, User will arrange suitable alternative arrangements to store the container at their own expenses.

Items 19.1, 19.2 and 19.3 can be subject to change if the local Authority decided to change the regulation.

20. DISPOSAL OF UNCOLLECTED CARGO / SALE BY PUBLIC AUCTION

The Operator reserves the right to dispose of cargo remaining in the Terminal Facilities after discharged of the vessel or received on the Terminal for export, for a period of more than:

20.1. One (1) Month for refrigerated containerised cargo,

20.2. Six (6) Months for all other cargo

Cargoes remaining on the Terminal longer than the period identified above may be auctioned even if the Terminal charges have been paid, if not collected or loaded within 48 hours prior to the auction date. Cargos subject to auction are transit cargos only.

Public auction is managed by the Djibouti Port and Free Zone Authority (DPFZA) and all rules, procedures and regulations related to the auction process are under DPFZA’s jurisdiction.

21. MAGASINS GÉNÉRAUX (MG)

All containers remaining at Operator Facility for 80 days or more will be eligible for transfer to Magasins Généraux. Once the container is transferred, the cargo’s owner shall collect the cargo from Magasin Généraux’s yard.

The Operator transfers all the risks and liability for the custody to the Magasins Generaux upon that the container and cargo are transferred to the MG. The real moment of the transfer of custody is once the container is loaded into the duly authorized truck by the MG for the delivery. The MG shall be responsible for the containers and cargos damages and loss arising. Any owners of container and/or cargos shall hold harmless the Operator against any related consequences, cost, damages and loss claims whatsoever”. The MG is responsible to provide the insurance coverage for liability and transportation of goods and shall use all the safety and security measures for the related containers and cargos transportation and custody.

22. REMOVAL OF OBJECTIONABLE CARGO

The Operator reserves the right to move to another location and/or inspect any Cargo or Container, which in its judgment is likely to damage other Cargo or property, at the risk and expense of the Owner or Agent of the container or Vessel. The operator will notify Owner or Agent prior to removal

23. CLAIM AND COMPLAINTS

Complaints and claim user’s requests shall be considered if only submitted in writing (by email, fax, and post mail) to the Operator within a maximum period of 30 day of the occurrence.

a) Any claim made against DCT shall be made in writing to DCT within the following periods:-

i) In the event of damage or partial loss to any Goods, Equipment or Ship, within 7 days of such Goods, Equipment or Ship leaving the Terminal;

ii) In the event of total loss to any Goods, Equipment or Ship within 7 days of the date upon which the Customer ought reasonably to have discovered the loss;

iii) In all other cases, within 14 days of leaving the Terminal. Failure to make a claim within the above periods shall cause the claim to be absolutely barred unless the Customer can demonstrate that it was not possible to make the claim within the above periods but that the claim was made in writing to DCT as soon as reasonably practicable.

b) DCT shall, in any event, be discharged from all liability whatsoever, howsoever arising unless suit is brought and written details thereof served on DCT within 12 months of the date when the event giving rise to the cause of action occurred.

24. EMERGENCY

The decision to declare a state of emergency in the Terminal due to a Force Majeure shall be within the sole discretion of the Operator.

If the Operator declares the state of emergency and that the emergency concerns the affected property, then storage charges could be waived by the sole discretion of the Operator only for the strict period of the emergency.

Force majeure is an event or circumstance which is directly caused by or results from an event outside the control of the Operator, could not be avoided, prevented or overcome with reasonable foresight, and materially prevents, hinders or delays performance of all or a material part of the Operator’s obligation, such as but not limited to acts of God, strike, war, landslides, earthquakes and tsunamis….

25. VALUABLE AND SPECIAL CARGO

If the concerned user receiving the operator delivers or authorizes the delivery of valuable and /or special cargo to the operator and that such cargo requires a specified and appropriate security or special handling, this user must notify the operator expressly of the cargo’s valuable or special nature in advance of 5 days. The Operator and the concerned user should both enter into an agreement to define the liabilities limit and safety/ security measures.

In default of which the Operator shall have no responsibility whatsoever in the event of loss or damage to the cargo, howsoever caused.

 

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