Services Provided

Services Provided

a) A Ship shall be deemed to have entered the Terminal when it berths at the Terminal. A Ship shall be deemed to have left the Terminal when its mooring lines are removed from the Terminal’s berth.

 

b) Goods and Equipment shall be deemed to have been delivered to the Terminal in the following circumstances:-

i) In the case of Goods and Equipment delivered by Ships, once the Goods and Equipment have left the Ship’s tackle or have left the Ship having been lifted from the Ship by DCT’s tackle;

ii) In the case of Goods and Equipment delivered by means other than Ships, once the Goods and Equipment enter the Terminal.

c) Goods and Equipment shall be deemed to have been delivered to the Customer:-

i) In the case of Goods and Equipment to be delivered to a Ship, once the Goods and Equipment have been lifted by the Ship’s tackle from the Terminal or once DCT’s tackle has placed the Goods and Equipment on to the Ship and come clear of the Goods and Equipment;

ii) In the case of Goods and Equipment to be delivered to a road or rail conveyance, once the Goods and Equipment have been placed upon the road or rail conveyance.

d) Without prejudice to the Conditions herein, DCT reserves the right but is under no obligation to:

i) Remove Goods and Equipment immediately in the case of a hazard or danger to life, the environment or other property or other emergency and to dispose of such Goods and Equipment without notice;

ii) Open containers, inspect Goods or refuse to handle, move or otherwise deal with Goods or Equipment which in DCT’s opinion appear to be or may become dangerous or hazardous to life, the environment or other property.

e) The Customer undertakes that it has complied with all relevant local, national and international legislation and regulations relating to the carriage, handling and movement of the Goods and DCT accepts no responsibility whatsoever for the failure of the Customer to comply with such local, national or international legislation or regulations or the consequences of such failure. The Customer hereby agrees to indemnify and hold DCT harmless from and against any failure to comply with any such legislation and regulations or the consequences of such failure.

Unless otherwise specified in writing to the Terminal Manager before the Goods or Equipment are delivered to the Terminal, the Customer warrants that any Goods, Equipment or Ship which it delivers, directs to or causes to be upon the Terminal:

i) are not dangerous to health, property or the environment or otherwise hazardous, poisonous or flammable or liable to become so in the form in which they are delivered and/or in which they are to remain while on the Terminal;

ii) are not toxic or liable to give off any injurious dust, gas, fumes, liquid or radiation;

iii) are not infested, verminous, rotten or subject to fungal attack and not liable to become so while on the Terminal;

iv) are not over-heated or under-heated or liable to become so while on the Terminal;

v) will not contaminate or cause danger, injury, pollution or damage to any person or any other Goods or Equipment or Ship or the Terminal or the environment adjacent thereto or generally;

vi) require for their safekeeping no special protection (other than as may be agreed in writing between DCT and the Customer) arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other Goods or from inflammability but will remain safe if left standing in the open or on the Terminal or in covered accommodation if agreed in writing with DCT;

vii) contain no unauthorised controlled drugs, contraband, pornographic or other illegal matter;

viii) are properly and sufficiently packed in accordance with all Government and Local Government Regulations, Laws and Bylaws from time to time applicable and the Codes of Conduct, practice directions and regulations of the International Maritime Organisation;

ix) are properly and sufficiently marked, accurately documented and labelled for all shipping, cargo handling, despatch, customs and like purposes;

x) are properly marked with any warning as to the hazardous nature of any contents and the precautions to be taken in handling the same and (in the event of the escape of anything injurious there from) as may be necessary to ensure the safety and health of all persons likely to handle or come into contact with the Goods, Equipment or Ship;

xi) are fit for their intended purpose and in a fit and proper condition to be handled or otherwise dealt with by DCT, its Equipment and employees;

f) The Customer warrants that it will immediately inform the Terminal Manager of any occurrence or incident which might affect the safe and efficient operation of DCT or other persons using the Terminal and take, at its own cost, such reasonable steps to control or eliminate any danger or inconvenience as may be required by DCT. Without prejudice to the foregoing, the Customer shall indemnify and hold DCT harmless from and against any costs, fines, claims, indemnities or other losses of whatever nature arising from such occurrence or incident unless the occurrence or incident has been caused by the negligence of DCT.

 

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