Definitions

Definitions

1. DCT

Doraleh Container Terminal S.A

2. TERMINAL

“Terminal” means the Doraleh Container Terminal and any land thereon or adjacent thereto leased or otherwise occupied by DCT for the purposes of the Services.

3. CUSTOMER

“Customer” means any person to whom or on behalf of whom DCT provides any service whatsoever and any person using or entering upon the Terminal or using the Services or facilities thereof.

4. GOODS

“Goods” means any cargo of whatever nature.

5. V.A.T

Value Added Tax. In the present tariff, all prices are expressed exclusive of VAT. VAT will be applied on the mentioned prices when applicable and at the applicable rate.

6. CONTAINER

The terms “Container” or “Containerized” when used in this Tariff refer to the standard ISO Containers (20/40/45/etc…), suitable for stacking and transportation of dry, liquid gas or refrigerated Cargo, constructed of metal, fiberglass, plastic or wood, which confines its contents and must be capable of being handled as a unit and lifted by a crane with a Container spreader.

7. DAY

A calendar day

8. ENVIRONMENTAL LAWS

All Djiboutian or DP World laws, rules, regulations, statutes, ordinances, permits or orders, and any judicial or administrative interpretations thereof, relating to the prevention, control, or management of pollution, the protection of the environment, including but not limited to, air, water, groundwater, land, soil, sediments, humans, animals, and vegetation, solid, gaseous or liquid waste generation, handling, treatment, storage, disposal, discharge, release, emission or transportation, or regulation of or exposure to Hazardous Materials and/or petroleum products.

9. HAZARDOUS MATERIAL(S)

Any substance or material that is listed, defined or otherwise designated as a “hazardous substance” under the DP World Health & Safety Code including IMDG; any chemical or COC; any hydrocarbons, petroleum, petroleum products or waste; any metabolite or chemical breakdown product or derivative or component part of substances identified above; and any other chemical, substance or waste, that is regulated by, or may form the basis of liability under, any Local Environmental Laws.

10. OPERATOR

Doraleh Container Terminal S.A (DCT).

11. TERMINAL FACILITIES

Any wharves, docks, piers, sea channels, sheds, warehouses, land, structures, pipelines and extensions thereof and appurtenances there to, equipment and appliances of all kinds situated within the jurisdiction of and/or owned, operated or leased by the Operator, included within DCT.

12. USER

Includes:

12.1. Any person or entity using the Terminal Facilities or to whom or from whom any service, work or Labor is furnished, performed, done or made available by the Operator or any other person using the Terminal Facilities.

12.2. Any person or entity owning or having custody of Container/Cargo moving in, over or through the Terminal Facilities.

12.3. All Vessels and their owners, operators, crew and agents

12.4. Any other person, firm or corporation that conducts business at the Terminal Facilities.

13. VESSEL

Except as otherwise specified, when the term “Vessel” is used in this Tariff, it shall be held to mean floating craft of every description and shall include in its meaning the term “Owners, Charterers, Operators and Mortgagees thereof”.

14. SERVICES

Any and all services conducted within the Terminal Facilities.

15. STEVEDORING

The physical handling of container/cargo onboard of the Vessel from or to the Vessel’s hook or point of discharge or load. This includes supervision and management. Irrespective of the terms of shipment, payment of stevedoring and related service charges will be the responsibility of the shipping line and/or his agent.

16. FREE TIME

The specified period during which Cargo or Containers handled over the quay may occupy space assigned to it in the Terminal Facility, free of storage charges, either prior to the loading or subsequent to the discharge of such Cargo or Containers, and shall include:

a) Import and Transshipment Container free period will commence from the date of discharge from the vessel.

If loss or damages arise to cargo resulting from negligence or willful misconduct or act or omission of the operator, the storage charges waiver will commence from the formal claim day until the survey and or inspection completion date, except the act or omission of the User.

b) Export Container free period will start from the date of receipt. Export and Transshipment Container storage charges will be raised to the Shipping line or Agent of the loading Vessel.

17. TERMINAL HANDLING CHARGES (THC)

Terminal Handling Charges are charges assessed for delivering or receiving a container within the Terminal.

18. INLAND CONTAINER DEPOT (ICD)

Inland Container Depot is a common user facility equipped with fixed installations and offering services for handling and temporary storage of import/transit/export laden and empty containers carried under customs control.

19. OUT OF GAUGE (OOG)

Out of Gauge is said of container when the cargo is too large to fit inside of a standard container (i.e. open top/flat rack/etc…).

20. TRANSHIPMENT

“Transshipment Container” means goods landed from a Vessel and placed in the custody of the Operator for the purpose of shipment onto another Vessel.

To qualify for the transshipment container rates the container must be discharged from a vessel onto the Operator’s terminal and remain in the custody of the Operator until it is reloaded onto an on-carrying vessel at the Operator’s terminal.

21. AUCTION

Public auction is managed by the Djibouti Port and Free Zone Authority (DPFZA) and all rules and regulations related to the auction process are available at the DPFZA’s offices.

22. MAGASINS GÉNÉRAUX

Magasins Généraux (MG) is managed by the Djibouti Chamber of Commerce. It consists of an area for storage of long staying containers. Containers that are transferred to Magasins Généraux can be collected by the importer from their warehouses at the “Zone Franche”.

23. DIRECT DELIVERY

The Operator reserves the right to request cargo to be discharged or loaded on a Direct Delivery basis.

 

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