South Florida Container Terminal

No. SFCT – 1

This operator schedule is published pursuant to section 8(f) of the Shipping Act of

1984 as amended by the Ocean Shipping Act of 1998 and the regulations of the

Federal Maritime Commission (Title 46 Code of Federal Regulations Part 525).

The rules, rates, regulations, and/or charges set forth  in this operator schedule

shall apply to marine terminal services provided by South Florida Container

Terminal(hereinafter referred to as “SFCT”) at the port location of:

 

2299 Port Blvd. Miami Florida ,33132

 

The effective date of this operator schedule unless otherwise indicated is: 

September 1st, 2008 and remains in effect until amended or canceled by SFCT.

 Contact: http://www.sfct.us

 Revised/Drafted: March, 2009

 

 

SECTION I

DEFINITION OF TERMS

ITEM 001 Chassis

ITEM 005 Containers

ITEM 010 Delivery

ITEM 020 Dockage

ITEM 025 Effective Date

ITEM 030 Grounding

ITEM 035 Handling

ITEM 040 Heavy lift

ITEM 045 Package

ITEM 050 Rate

ITEM 055 Receiving

ITEM 060 Schedule    

ITEM 065 Straight Time

ITEM 070 Vessel

ITEM 075 Wharfage

ITEM 080 Export Cargo

ITEM 085 Import Cargo

ITEM 090 Terminal Demurrage

ITEM 095 Point of Rest

ITEM 100 Loading or Unloading

ITEM 105 Holidays

ITEM 110 Terrorism, Terrorist Acts

ITEM 115 Free-time

ITEM 120 On Dock Rail Moves

ITEM 130 Merchant

ITEM 135 User

 

SECTION II

GENERAL RULES AND REGULATIONS

RULE 1 LOCATION OF TERMINAL

RULE 2 USE OF TERMINAL SERVICES, DEEMED ACCEPTANCE

RULE 3 WORKING HOURS OF THE SFCT TERMINALS

RULE 4 TERMINAL SAFETY, SECURITY AND REGULATORY

RULE 5 RENTAL, LOAN, AND UTILIZATION OF TERMINAL EQUIPMENT

RULE 6 RIGHT TO REFUSE CARGO, CONTAINER, OR EQUIPMENT

RULE 7 VESSEL SAFETY

RULE 8 PORT SCHEDULES AND GOVERNMENT REGULATIONS

RULE 9 ROYALTY AND ASSESSMENTS

RULE 10 PAYMENT OF CHARGES

RULE 11 BILLING DISPUTES

RULE 12 FURNISHING OF INFORMATION TO TERMINAL FOR EXPORT CARGO

RULE 13 HEAVY LIFTS AND OVER-SIZED CARGO

RULE 14 STORM PROTECTION

RULE 15 UNDELIVERED CARGO AND EQUIPMENT

RULE 16 FORCE MAJEURE    

RULE 17 INSURANCE

RULE 18 NOTIFICATION OF LOSS OR DAMAGE

RULE 19 CONTAINERS LOADED IN EXCESS OF CAPACITY

RULE 20 FREETIME AND DEMURRAGE ON EXPORT CARGO

1. FREE TIME PERIOD

2. COMPUTATION OF FREE TIME PERIOD

3. SCALE OF DEMURRAGE CHARGES

4. TRANSFER OF OWNERSHIP OF CARGO FOR EXPORT

5. REMOVAL OF EXPORT CARGO FROM TERMINAL FACILITY PRIOR TO LOADING INTO

VESSEL.

6. RESPONSIBILITY FOR PAYMENT OF DEMURRAGE AND OTHER CHARGES

RULE 21 FREETIME AND DEMURRAGE ON IMPORT CARGO

1. FREE TIME PERIOD

2. COMPUTATION OF FREE TIME PERIOD

3. SCALE OF DEMURRAGE CHARGES

4. TRANSFER OF OWNERSHIP OF CARGO

5. RESPONSIBILITY FOR PAYMENT OF DEMURRAGE AND OTHER CHARGES

6. EXTENSIONS OF FREE TIME AND DEMURRAGE PERIODS

RULE 22 FREETIME AND DEMURRAGE ON TRANSSHIPMENT CARGO

1. FREE TIME PERIOD

2. COMPUTATION OF FREE TIME PERIOD

3. SCALE OF DEMURRAGE CHARGES

4. REMOVAL OF TRANSHIPMENT CARGO FROM TERMINAL FACILITY PRIOR TO LOADING

INTO VESSEL

5. RESPONSIBILITY FOR PAYMENT OF DEMURRAGE AND OTHER CHARGES

RULE 23 STORAGE FOR EMPTY CONTAINERS AND CHASSIS

RULE 24 INQUIRIES, REQUESTS, AND COMPLAINTS

RULE 25 OPERATOR OF TERMINAL

RULE 26 CONSENT TO THE TERMS OF THE SCHEDULE OF RATES

RULE 27 SCHEDULE OF RATES RESTRICTIONS

RULE 28 SHIPBOARD WELDING/BURNING

RULE 29 REMOVAL OF OBJECTIONABLE CARGO

RULE 30 LIEN

RULE 31 OVER TIME WORKING HOURS

RULE 32 WAIVER OF IMMUNITY; LIMITATION OF LIABILITY    

RULE 33 TRUCK SERVICE SCHEDULING

A.BREAKBULK

B.CONTAINERS

RULE 34 VESSELS REQUIRED TO USE TUG ASSISTANCE

RULE 35 VESSEL TO VACATE BERTHS

RULE 36 DISCHARGING OF OILS, NOXIOUS LIQUID SUBSTANCES AND GARBAGE

RULE 37 SAFETY - PORT USER LIABILITY

RULE 38 INSURANCE

RULE 39 VESSELS REQUIRED TO COMPLETE LOADING/DISCHARGING

RULE 40 MOVEMENT OF VESSELS

RULE 41 RECEIPT OF EXPORT CARGO

RULE 42 RESPONSIBILITY FOR DAMAGES

RULE 43 LIMITATION OF LIABILITY

RULE 44 TERMINAL SECURITY FEE

RULE 45 TERRORISM

RULE 46 HAZARDOUS CARGO

RULE 47 INDEMNITY

RULE 48 ACCEPTANCE OF CARGO OR COMMODITY FOR HANDLING OR STORAGE;

RESPONSIBILITY FOR CONSEQUENTIAL DAMAGE AND INFESTATION

RULE 49 TERMINAL PROPERTY

RULE 50 DELAYS AND DETENTIONS

RULE 51 LABOR DISPUTES, STRIKES

RULE 52 GENERAL ORDER LIEN

RULE 53 DAMAGED CARGO

RULE 54 DAMAGED OR ABANDONED EQUIPMENT

RULE 55 STORAGE OF EQUIPMENT UPON BANKRUPTCY

RULE 56 SPECIAL SERVICES; HANDLING OF BREAKBULK/HEAVY LIFTS    

  

SECTION III

SCHEDULE OF RATES

110 Receiving or Delivering containers / chassis, per container

120 Receiving or Delivering “Out of Gauge” containers, per container

130 Receiving of Yacht and other Breakbulk cargoes

140 Rigging fee, per container with over height cargo

150 Swapping containers between chassis, per container

160 Mounting / Grounding / Segregating containers

170 Pre-mounting containers

180/180b Drayage of containers within terminal

190 Weighing containers

200 Sealing Containers

210 Placarding Containers

220 Interchange Report

230 Failure to obtain Interchange

240 Miss-Parking of Containers

250 Export Redelivery

260 Chassis / Flatrack Unbundling / Bundling

270 Rolling of Export Containers

280 Container and/or Chassis terminated at SFCT facility

290 Over Time Gates

300 Equipment Rental Charges per Hour

310 Man hour rates per man hour

320 Refrigerated Services and Electrical

330 Opening and closing containers for a Government tailgate inspection

340 VACIS Inspection by U.S. Customs during vessel operations

350 VACIS Inspection by U.S. Customs on containers from stack or wheels

360 Intensive exams

370 Dockage per lineal foot

380 Line Handling, each movement

390 Wharfage

400 Demurrage Charges    

 410 Storage, empty containers or chassis, per day per TEU

420 Terminal Security Fee

430 Gangway Guard

440 Minimum billing

450 Rebilling invoices

460 Administration Charges    

 

SECTION I

DEFINITION OF TERMS

ITEM 001 Chassis

Skeletal equipment, flatbed, or other vehicle furnished by ocean carrier for transport of its containers.

 

ITEM 005 Containers

A single rigid, Intermodal dry cargo, insulated, refrigerated, flat rack, liquid tank, or open-top

container within the size lengths of 20’, 40’, 45’, demountable, without wheels or chassis attached,

furnished or approved for transportation of commodities aboard vessels. It must meet ISO standards

and have construction, fittings, and fastenings compatible with lift beams and able to withstand,

without permanent distortion, all of the stresses that may be applied by container lifting and handling

equipment, consistent with the safety requirements of CSC plates (Convention for Safe Containers).

 

ITEM 010 Delivery

The delivery of a loaded or empty container and/or chassis from point of rest in yard to an inland

carrier or local drayman. Delivery does not include any other service(s).

 

ITEM 020 Dockage

The charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure or for mooring

to a vessel so berthed.

 

ITEM 025 Effective Date

The date a schedule or an element of a schedule, or any amendment thereto, becomes effective.

 

ITEM 030 Grounding

The physical lifting of a loaded or empty container from a chassis or other conveyance to the ground.

Grounding does not include any other service.

 

ITEM 035 Handling and Drayage

The service of physically moving cargo between point of rest and any other place on the terminal

facility, other than the end of ship's tackle. Handling does not include any other service.

 

ITEM 040 Heavy lift including Out of Gauge and Breakbulk Cargo

The service of providing heavy lift cranes and equipment for lifting cargo that extends beyond the

standard dimensions of containerized cargo, usually requiring special lifting gear.

 

ITEM 045 Package

The largest single unit used to transport the goods, such as a pallet, skid, van, container or trailer,

etc., or a single machine or item of equipment, etc and not the individual contents, pieces, boxes,

parts or components thereon, therein or thereof, whether such unitization, packing or stuffing, and

sealing is by the Merchant or on his behalf  and that the shipper may have furnished the contents of

such sealed container.

 

ITEM 050 Rate

The price quoted in a schedule for providing a specified marine terminal service or facility for a stated

cargo quantity, or after a stated effective date or within a defined time frame.    

 

ITEM 055 Receiving

The receipt of a loaded or empty container and/or chassis from an inland carrier or local drayman to

any Point of Rest within the terminal as designated by SFCT.  Receiving includes weighing of

containers received at main gate. Receiving does not include any other service(s).

 

ITEM 060 Schedule

The publication, as amended from time to time, containing the rates, charges, classification,

regulations and practices of a marine terminal operator.

 

ITEM 065 Straight Time

The rates provided herein are for work performed during the hours of 8:00 a.m. to 12 noon and from

1:00 pm to 5:00 pm, Monday to Friday.  All ILA holidays specified in the collective bargaining

agreement are in effect for the port in which the terminal is located governing the employment of

longshore labor by any employer, being excepted.  

 

Services provided by SFCT for the convenience of any User outside the aforementioned hours and

service performed on Saturdays, Sundays and ILA holidays shall be subject to a surcharge on the

applicable rate. Straight Time referred to in tariff as “ST”.

 

ITEM 070 Vessel

A floating craft of every description and includes owner and/or operator and/or such other persons

acting as agents thereof, including charterer and sub-charterer, and they shall be responsible for all

charges incurred by vessel.

 

ITEM 075 Wharfage

A charge assessed against the cargo or vessel on  all cargo passing or conveyed, onto, or under

wharves or between vessels (to or from barge, lighter, or water), when berthed at wharf or when

moored in slip adjacent to a wharf. Wharfage is solely the charge for use of a wharf and does not

include charges for any other service. 1 ton = 2000 lbs

 

ITEM 080 Export Cargo

Cargo received at the port for loading on a vessel for transportation or shipment to a foreign or

domestic port or destination from a rail, Vessel or motor carrier.

 

ITEM 085 Import Cargo

Cargo received at the port from a foreign or domestic port or origin, discharged from a vessel, and to

be loaded to rail, vessel, or motor carrier.

 

ITEM 090 Terminal Demurrage

A charge assessed for providing storage in or on terminal facilities after the expiration of free-time.

 

ITEM 095 Point of Rest

A point or area within the terminal which is designated for cargo or equipment to be placed and held

for movement to or from a vessel or domestic motor carrier or rail.

 

ITEM 100 Loading or Unloading

LOADING OR UNLOADING applies to the service of loading or unloading cargo between any place on

the terminal and railroad cars, trucks, vessels,  or any other means of conveyance. LOADING OR

UNLOADING does not include special stowage, blocking or bracing, sorting or grading, stripping or

stuffing containers, or otherwise selecting the cargo for the convenience of carrier or consignee. SFCT

will not consider itself to be the consignee on cargo destined for water movement.    

 

ITEM 105 Holidays

        New Years Eve      December 31st

        New Year’s Day      January 1st

        Martin Luther King’s Birthday  3rd Monday in January

        Presidents Day      3rd  Monday in February

        Memorial Day      Last Monday in May

        Independence Day    July 4th   

        Labor Day     1st  Monday in September

        Columbus Day      2nd  Monday in October

        Veterans Day      November 11th

        Thanksgiving Day     4th  Thursday in November

        Christmas Eve      December 24th

        Christmas Day      December 25th

 

Any other Holiday that may be proclaimed by the State, Federal Authority or the International

Longshoreman’s Association will be observed. When any Holiday falls on Sunday, the following Monday

will be observed as the Holiday.

 

ITEM 110 Terrorism, Terrorist Acts  

Activities against persons or property of any nature involving the preparation to use, the use or the

threat to use force or violence of any nature that injures, damages, interferes with, disrupts or

contaminates persons or property, including intangible property, communication, electronic,

information or mechanical systems where the purpose or result of such activities is to cause a

Transportation Security Incident (TSI), as defined in 33 CFR 101.105, or otherwise damage,

intimidate, or coerce a government, its economy, the military arm of a government or its civilian

population and its apparent purpose is to further political, ideological, religious, social or economic

objectives or to express opposition to political, ideological, religious or social systems. The term

"damage" and the corollary terms included therewith shall include damage caused incidentally through

the efforts of legitimate government to oppose, prevent and contain acts of terrorism.

 

ITEM 115 Free-time

The period specified in the marine terminal operator schedule during which cargo may occupy space

assigned to it on terminal property, including  off-dock facilities, free of terminal demurrage

immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel.

 

ITEM 120 On Dock Rail Moves

Miami, Florida rail facilities are currently considered near dock. There is no direct on-dock

rail operation within the SFCT facility at this time.

 

ITEM 130 Merchant

A shipper, holder of a bill of lading, consignee, receiver of any goods, any person owning or entitled to

the possession of such goods or of a bill of lading relating to goods, their respective principals and

anyone acting on behalf of such person.

 

ITEM 135 User

Any Merchant, vessel owner or operator, ocean carrier (whether vessel operating or non-vessel

operating), freight forwarder, broker, motor carrier, rail carrier, container lessor, or any agent,

contractor or representative  of the aforementioned persons who use or benefit from use of the

terminal.    

 

SECTION II  

GENERAL RULES AND REGULATIONS

 

RULE 1 LOCATION OF TERMINAL

 2299 Port Blvd. Miami Florida ,33132

 1 (305) 347-3800

 Web Address: http://www.apmterminals.com/americas/miami/

 

RULE 2 USE OF TERMINAL SERVICES, DEEMED ACCEPTANCE

 The use of wharves, facilities and/or services shall be deemed complete acceptance of this Operator

Schedule and the terms and conditions contained herein, as from time to time amended.

 

SFCT may subcontract all or any portion of the terminal services at its discretion and

without notice, including without limitation to related/affiliated entities, with all benefits,

defenses, exceptions, immunities and limitations upon liability set forth in this Operator

Schedule to remain applicable whenever claim is made against the terminal and/or any

servant, agent, contractor or any whose services have been used to perform terminal

services or otherwise respecting the goods.

 

RULE 3 WORKING HOURS OF THE SFCT TERMINALS

The normal working hours are from 8:00 a.m. to 12 noon and from 1:00 p.m. to 5:00 p.m., Monday

through Friday, holidays excepted. When any type of terminal services are required, outside of the

recognized working hours stated, prior arrangements must be made with SFCT, and schedule rates

plus applicable Over Time costs and minimum labor guarantees will be charged.

  

RULE 4 TERMINAL SAFETY, SECURITY AND REGULATORY      

 Entering the facility at SFCT is deemed valid consent to security screening of persons, personal

possessions and vehicles as well as monitoring via video cameras. All persons requesting permission

to enter the facility are required to apply for and be issued a terminal ID card. SFCT reserves the right

to suspend or revoke access to this facility for a failure to obey terminal safety and security policies. 

It is unlawful for any person to loiter upon the terminal property and it is unlawful for unauthorized

persons to enter through the perimeter fence, which constitutes the facility restricted area.  The

terminal is private property and all persons entering thereof do so at their own risk and SFCT assumes

no responsibility for injuries or damages sustained.    

 

All persons requiring or being provided "unescorted access" to and within the facility, upon the

terminal's determination of an appropriate, acceptable business purpose for entering the facility, will    

 require possession and presentation upon entry of a U.S. Federal Government issues TWIC

identification card, when enrollments for the surrounding port area are determined by TSA and

announced by the U.S. Coast Guard Captain of the Port, in accordance with the TWIC implementing

NVIC expected to published by the Coast Guard in the summer of 2007.  This facility will not "escort"

regular longshore, container truck drivers, frequent vendors, etc in the normal course of day - to - day

business.  Escorts will only be employed in unusual or extraordinary circumstances.

 Intra-terminal transportation will be provided by the SFCT Security force, upon request by vessel crew

members.

 

Each User shall provide a suitable vehicle and warrants that same is in good working order, and which

meets all licensing and safety standards as promulgated by State, Local or Federal government, or

agencies thereof, for safe loading or unloading of cargo.  Each User agrees that it shall be liable for,

and will indemnify and hold Contractor harmless from all fines, fees or expenses whatsoever imposed

upon or incurred by the Contractor for any violations whatsoever of any rule, regulation or law caused

by any condition otherwise within such User’s control. 

 

Each User agrees to provide for Contractor's inspection of, prior to the commencement of cargo

operations, valid registration and certificates applicable to all Gear and as required under all applicable

Regulations.

 

Each User warrants that all Containers which are being transported pursuant to a Vessel's Bill of

Lading shall at all times be properly documented with correct weights and shall be tendered in the

manner provided for under federal law; 

 

Each User warrants that all Containers under his control, and to be handled under the terms of this

contract, shall at all times be in conformance with the Convention for Safe Containers (CSC); 

 

Each User agrees that its chassis shall at all times be maintained in good working order to

accommodate each User’s Containers and meet all licensing and safety standards as promulgated by

state, local or federal governments or agencies thereof.

 

Each User agrees that shipment delays, charges and/or costs, including any civil fines, associated with

noncompliance with the terms of this paragraph shall be the responsibility of the User and that these

fines will include OSHA citations when applicable.

 

Each User agrees that all vessels are fitted with automatic or semi-automatic twist locks in good

working order.  Each User is responsible to provide separate identifiable bins for defective cones and

twist locks to be placed out of service and repaired.

 

Each user agrees that all vessels are properly outfitted with access railings, lashing platforms, deck

lighting to ensure the safety of vessel crew and contractor labor required to work onboard the vessel

at the terminal.

 

Each User agrees that, with respect to its Containers laden with labeled and/or (hazardous) cargoes,

which are being transported pursuant to each User’s or Vessel's Bill of Lading, each User shall ensure

that such shipments are documented, labeled, and secured in accordance with current International

Maritime Organization (IMO) requirements appearing in the International Maritime Dangerous Goods

Code and, when such Containers are to be offered for transport within the transportation

infrastructure of the United States, in accordance with current regulations promulgated under any

governmental authority with jurisdiction over same. Contractor and User agree that all incurred costs

associated with non-compliance with the terms of this section shall be borne exclusively and

individually (but not jointly) by the party defaulting on such terms.

 

All trucks and motor vehicles having business at the terminal facility, including its owners, operators

and drivers shall observe and comply fully with the safety regulations, speed limit and other traffic

signs or notices as posted.  At no times are passengers or animals not having business on terminal or

onboard a vessel permitted. All terminal yard equipment has the right of way at all times.

    

Only official vehicles with business to conduct with the vessel are allowed in the vicinity of the vessel

and must be parked on designated locations. Any  vehicles parked in unauthorized locations will be

towed at the owners expense.

 

At no time are weapons permitted on terminal or in any motor vehicle.

RULE 5 RENTAL, LOAN, AND UTILIZATION OF TERMINAL EQUIPMENT

 

Rental or loan of equipment is subject to availability and at the option of SFCT. Rental rates do not

include equipment operator or any transportation out of the terminal. Rental shall commence from the

time the equipment is made available to renter.  The party renting the equipment shall, at its own

expense; return the equipment to the terminal in the same good operating order and condition as

such party received it.

 

It is expressly understood that the equipment will be utilized in a careful and proper manner under the

direction and control of the User, and the User is responsible for the operation thereon and assumes

all risk for injuries or damages which may arise or grow out of the use or operations of such

equipment. It is incumbent upon the User to make a thorough inspection and satisfy himself as to the

physical condition and capacity of the equipment, as well as the competency of the operator, there

being no representation or warranty by SFCT with respect to such matters.

 

Renters and users shall indemnify and hold harmless SFCT from and against all liability, losses, claims,

demands, and suits for damages to persons or property, including death and personal injury, and

including costs of suit and attorneys' fees, incident to or resulting from its use of the equipment.

 

 RULE 6 RIGHT TO REFUSE CARGO, CONTAINER, OR EQUIPMENT

 

SFCT reserves the right to refuse cargo, container or equipment, without responsibility for demurrage,

loss, or any liability, consequential or otherwise. SFCT also reserves the right to refuse to accept,

receive, or load cargo, container or equipment or to permit vessel to load or discharge cargo,

containers, or other equipment for any reason in SFCT’s sole discretion.

  

RULE 7 VESSEL SAFETY

 

Each Vessel that calls at SFCT will be inspected for safety prior to offloading cargo, an activity that is

designed to ensure a safe working environment for all parties involved.  Discrepancies will be

addressed with the master/chief mate to identify issues that can be rectified by the crew themselves.

 Prominent issues that would require ship owners  to engage will be addressed to the master/chief

mate and communicated to the APM Terminals Corporate Safety Director.  The specific discrepancies

as well as how to rectify these matters will be documented.

 

Users must provide safe access for all longshoremen, stevedores, and terminal management in

accordance with IMO and OSHA regulations.  Any citations received by SFCT for substandard vessel

conditions will be the sole responsibility of each User.

 

Vessel bunkering operations must be coordinated so that they are not conducted outboard of cargo

operations.

 

Hot work requests onboard vessels or for vessel equipment on terminal must be approved by SFCT

prior to commencing work.

 

Any vessel crew member departing vessel during port stay must meet all Personal Protection

Equipment (PPE) requirements, including but not limited to hardhat, safety vest and safety shoes.

Vessel personnel are not permitted to transit the facility on foot, nor be transported in any terminal    

equipment other than Security shuttle vehicle. SFCT reserves the right to deny entry into the facility

either through the entry gate or off of a vessel for any crew member not meeting these requirements.

  

RULE 8 PORT SCHEDULES AND GOVERNMENT REGULATIONS

 The rates herein are exclusive of any Wharfage, mooring, dockage or other services provided under

applicable schedules issued by governmental entities or port authorities unless otherwise specified.

Charges for such services shall be for the applicable User's account.

 

The applicable User shall at all times comply with all requirements, laws, regulations, and other

directives of customs authorities, and any other governmental authority having jurisdiction and be

responsible for any charges resulting from such governmental authority.

  

RULE 9 ROYALTY AND ASSESSMENTS

 All Tonnage Assessments, and/or any other local tonnage/container assessments will be for account of

the ocean carrier issuing the bill of lading or its agent or representative who owns or operates a

vessel.

  

RULE 10 PAYMENT OF CHARGES

 All charges for services rendered under this Operator Schedule will be invoiced to the applicable User

as determined by SFCT. Invoices covering charges as issued by SFCT are due and payable upon

presentation. Any invoice remaining unpaid for 15 days after the invoice date will be delinquent and

interest shall accrue on such outstanding amounts at the lesser rate between the cumulative rate of

1.5% per month and the highest interest rate permitted under the applicable law of the state in which

the terminal is located. All reasonable costs and fees of collection (including reasonable attorney fees

and expenses) will be added to remaining due past such 15 days period.

 

Cargo will not be received, handled or delivered unless charges are prepaid or credit has been

established.

 

The services, rates and charges provided in this operator schedule also apply to vessel operators not

included in the definition of common carrier in Section 3 (6) of the Shipping Act of 1984 unless prior

arrangement has been made with SFCT.

 

The applicable Users at SFCT shall be required to permit access to manifests, loading or discharge

lists, rail or motor carrier freight bills or other pertinent documents for the purpose of audit to

determine the correctness of reports filed or for securing necessary data to permit correct billing of

charges.

 

SFCT may extend credit to any User upon application for credit and demonstration of financial

responsibility. Credit worthiness may be established through current financial statements (certified by

an independent certified public accountant) or other acceptable evidence of financial responsibility and

by furnishing at least three satisfactory credit references; including a bank reference.

 

For Users not granted credit, SFCT may extend credit to those Users who will post and maintain a

Letter of Credit or Indemnity Bond in the form and content, and with a company acceptable to the

terminal operator in an amount equal to the maximum liability for a period  of time determined by

SFCT.

 

Letters of Credit and Indemnity Bonds are required to insure SFCT against the loss of funds and

indemnify SFCT in full payment of bills that accrue for the use of port facilities or services rendered by

SFCT.

  

  Extension and continuation of existing lines of credit shall be conditioned upon the prompt payment of

bills as specified above at the sole discretion of SFCT.

 

Any commodity or RULE not included in this operator schedule may be covered by special

arrangement with the carrier, shippers or consignees.

 

Full inbound and outbound service and facilities charge will be assessed on cargo received at or on the

terminals and later withdrawn.

  

RULE 11 BILLING DISPUTES

Questions regarding the validity of invoices or charges in dispute must be submitted in writing to SFCT

within ten (10) days after the presentation of the invoice. Invoices not disputed in writing within this

ten (10) day period will be deemed accepted without dispute by the invoiced party.

 

In the case where an invoice is in dispute in part, the undisputed amount of the invoice is to be paid in full.

 

Amounts invoiced for services rendered shall not be subject to offset.

  

RULE 12 FURNISHING OF INFORMATION TO TERMINAL FOR EXPORT CARGO  

The following information may be required for acceptance of export cargo and/or containers into the

terminals:

Exporter/shipper

Freight Forwarder

Booking number 

Destination

Exporting Carrier/Vessel 

Commodity

Number of pieces

Weight/Measurement

Identification Marks/Container and chassis numbers 

Hazardous certificate in compliance with IMDG Code/49CFR (if applicable) 

Special Services, like reefer settings, etc.

Seal(s) number(s)

 

 

RULE 13 HEAVY LIFTS AND OVER-SIZED CARGO

Charges to be determined by the equipment and labor required. Rates and charges will be quoted on

request.

 

All heavy-lifts and over-sized or fragile cargo are handled at the option of SFCT and subject to

availability of terminal equipment and at the owner’s risk. Certain cargo may have to be loaded on

board vessels or delivered out of terminal directly upon receipt and at the option of SFCT. Users must

advise SFCT before arrival of vessel or delivery of cargo to the terminal.

 

Customers must provide proper physical data including center of gravity.

    

  RULE 14 STORM PROTECTION

 In cases where advance warnings that storms of severe winds or hurricane intensity are expected to

pass over or near the terminal, the owners of all  cargo stored in the open are required to take

protective measures, both for the cargo and the protection of the terminal.  Should the owner fail to

provide such storm protection, SFCT is authorized to protect such cargo using commercially

reasonable efforts considering the time, conditions, and materials available against storm damage

completely without liability by SFCT and charge the cost of this storm protection against the cargo or

User at SFCT discretion.

 

RULE 15 UNDELIVERED CARGO AND EQUIPMENT  

Cargo and/or equipment which is Customs released and undelivered or remains on the terminal

beyond applicable free time, may at the option of  SFCT as terminal operator, be placed in public

storage at the risk and expense of the goods.

 

Cargo and/or equipment remaining on the terminal in excess of 30 days and without prior written

consent from SFCT will be considered as abandoned, and may be sold for collection of storage,

demurrage and any other charges due to SFCT. Registered notification will be sent to the owner of

record ten days before such sale. Any monies received in excess of the charges due, will be returned

to the person who can provide title to the goods if claimed within three months of the mailed notice

and if not claimed within this time period may be retained by SFCT.

 

RULE 16 FORCE MAJEURE  

SFCT is not responsible and shall not be held liable for any consequences or claims arising from any

act of God, including but not limited to storms, earthquakes or fires or similar disasters or from any

stoppage of work or delays occasioned by strike, slowdown, government restraints, war or hostilities,

civil unrest, embargoes, machine breakdown, shortage of power supply, or any other cause beyond

the control of SFCT. 

 

 

RULE 17 INSURANCE

Rates and charges published in this Operator Schedule do not include insurance of any nature. Users

shall be responsible for obtaining their own marine liability and/or cargo insurance.

 

All Users are required to carry bodily injury liability insurance and property damage liability insurance

in such amounts as may be determined by SFCT from time to time and such insurance shall name

SFCT as an additional insured and include a waiver of subrogation against the terminal. 

 

RULE 18 NOTIFICATION OF LOSS OR DAMAGE

Notice of loss or damage to cargo or equipment must be submitted in writing to SFCT at the time of

removal of goods. If loss or damage is not apparent, then notice must be given within three days of

delivery.  Failure to notify SFCT of any loss or damage within this time period shall be deemed a

release of any claim for loss or damage to cargo or equipment. 

 

In any event, SFCT shall be discharged from all liability for loss or damage to cargo or equipment

unless suit is brought within one (1) year after delivery of the goods or the date when the goods

should have been delivered.

  

RULE 19 CONTAINERS LOADED IN EXCESS OF CAPACITY

The rates, rules and regulations published in this Operator Schedule are not applicable to containers

loaded in excess of their rated capacity or applicable law.  SFCT will NOT be required to use its

mechanical equipment (designed for movement or carriage of containers) or the container crane to be

used in any way to lift, move or transport a container loaded in excess of its rated capacity or

applicable law, should the terminal equipment or the crane be used to lift, move or to transport a

container which is loaded in excess of its rated capacity or applicable law, the party or parties, causing

such unauthorized use shall be held liable for all losses, claims, demands and suits for damage

including damages for death and personal injury, and including court costs and reasonable attorney’s

fee, incident to or resulting from such unauthorized use.  SFCT shall be entitled to deconsolidate any

container loaded beyond its rated capacity or beyond limits permitted by applicable law and use any

reasonable means to remove such cargo form the terminal, including sale.  The party deemed by SFCT

to be the party responsible for the overweight situation shall be responsible for such charges or costs.

 

RULE 20 FREETIME AND DEMURRAGE ON EXPORT CARGO

1. FREE TIME PERIOD

1) General cargo containers and tank containers – Seven (7) consecutive calendar days will be

allowed for general cargo containers and tank containers to be loaded to vessel or to be removed

from terminal.

2) Temperature controlled containers/tanks – Two (2) consecutive calendar days will be allowed

for temperature controlled containers/tanks to be loaded to vessel or to be removed from the

terminal.

3) Hazardous cargo in non-temperature controlled containers, bulk or tanks – Seven (7)

consecutive calendar days will be allowed for hazardous cargo in non-temperature containers, bulk

or tanks to be loaded to vessel or to be removed from the terminal. 

2. COMPUTATION OF FREE TIME PERIOD

  Free time on export cargo shall commence at 8:00 a.m. on the day after the said cargo is received

at the terminal facility. 

 

3. SCALE OF DEMURRAGE CHARGES

At the expiration of free time period demurrage shall be assessed in accordance with the attached

rate schedule.

 

A. Except as otherwise provided in this section demurrage shall be for the account of the

applicable User, as reasonably determined by SFCT, with an interest in the container or its

contents.

 

B. At the time export cargo is received by the pier facility a receipt shall be issued evidencing

receipt of the cargo, which shall show the date of receipt and shall identify the vessel on which the

goods are to move. The identification of the vessel is made for the purpose of determining the

application of the foregoing Paragraph E of this section.

4. TRANSFER OF OWNERSHIP OF CARGO FOR EXPORT

The transfer of ownership of cargo for export after said cargo has been received at a terminal

facility shall not entitle such cargo to additional free time.

  

  5. REMOVAL OF EXPORT CARGO FROM TERMINAL FACILITY PRIOR TO LOADING INTO VESSEL

 A.  Subject to the provisions of Item 4, if export cargo is not loaded into a vessel and is, at any

time, removed from the terminal facility, the said cargo shall be subject to demurrage rules set

forth above and all applicable gate charges, grounding and/or mounting of container charges in

Section III. Said charges shall be assessed from the day the cargo was received at the terminal to

the day of its removal there from.

 

  B. In addition, said cargo shall be responsible for the receipt and delivery labor costs incurred by

SFCT as a consequence thereof.

 

  C. Such removal shall not excuse any demurrage charges that accrued prior to the removal.

 

  6. RESPONSIBILITY FOR PAYMENT OF DEMURRAGE AND OTHER CHARGES

  A. Except as otherwise provided, demurrage and other charges specified herein, shall be for the

account of the applicable User with an interest in the cargo or the equipment.

 

  B. Demurrage and other charges shall be due and payable to SFCT upon expiration of terminal

free-time. 

 

  C. SFCT has the right to require payment in full of any and all such charges before such cargo

leaves the terminal or to hold other cargo related to the same User until SFCT is paid in full.

  

RULE 21 FREETIME AND DEMURRAGE ON IMPORT CARGO

1. FREE TIME PERIOD

CONTAINERIZED CARGO (House Containers):

1) General cargo containers and tank containers – Seven (7) consecutive calendar days will be

allowed for the removal of containers discharged from vessels. 

2) Temperature controlled containers/tanks – Two (2) consecutive calendar days will be allowed

for the removal of temperature controlled containers/tanks discharged from vessels.

3) Hazardous cargo in non-temperature controlled containers, bulk or tanks – Seven (7)

consecutive calendar days will be allowed for the removal of hazardous cargo in non-temperature

controlled containers, bulk or tanks discharged from vessels. 

 

2. COMPUTATION OF FREE TIME PERIOD

Free time on import cargo/containers shall commence at 8:00 a.m. on the first business day

following completion of discharge of the vessel.

 

3. SCALE OF DEMURRAGE CHARGES

At the expiration of free time period, demurrage shall be assessed in accordance with the attached

rate schedule.

 

4. TRANSFER OF OWNERSHIP OF CARGO

The transfer of ownership of cargo after said cargo has been received at a terminal facility shall

not entitle such cargo to additional free time.

    

5. RESPONSIBILITY FOR PAYMENT OF DEMURRAGE AND OTHER CHARGES

A. Except as otherwise provided, demurrage and other charges specified herein shall be for the

account of the cargo.

B. Demurrage and other charges shall be due and payable when service is provided.

C. SFCT has the right to require payment in full of any and all such charges before such cargo

leaves the terminal facility.

 

6. EXTENSIONS OF FREE TIME AND DEMURRAGE PERIODS

In the event the applicable User should make application for delivery of the cargo or portion

thereof during the free time period and SFCT willfully does not make available to such User such

cargo or portion thereof, the free time shall be  extended for a period equal to the duration of

SFCT’s inability to make the cargo available.

 

When the consignee is prevented from removing his cargo by factors beyond SFCT’s control, such

as, but not limited to, longshoremen's strikes, trucking strikes or weather conditions which affect

the entire port area or a substantial portion thereof, or Containers covered by the bill of lading

which remain at the terminal beyond the designated free time shall remain subject to the

demurrage charges in accordance with this rule.

 

Demurrage will commence on the next business day after the expiration of free time.

 

Container(s) not removed from piers within the free time period may, at any time thereafter, at

the option of the User and or SFCT be placed in public storage at the risk and expense of the

goods subject to any charges which may have accrued prior to removal and said expenses which

may accrue as a result of said removal and said expenses and said charges shall be a lien on the

goods or any other goods located on the terminal at present or in the future that relate to the

same User. All demurrage charges that may have accrued prior to the removal of the goods in

public storage shall be assessed and collected.

 

 

RULE 22 FREETIME AND DEMURRAGE ON TRANSSHIPMENT CARGO

1. FREE TIME PERIOD

Free time on transshipment cargo shall be seven (7) consecutive calendar days.

 

2. COMPUTATION OF FREE TIME PERIOD

 Free time on transshipment cargo shall commence at 8:00 a.m. on the day after the said cargo

arrives at the terminal facility.

 

3. SCALE OF DEMURRAGE CHARGES

At the expiration of free time period, demurrage shall be assessed in accordance with the attached

rate schedule.

 

A. Except as otherwise provided in this section demurrage on transshipment cargo shall be for the

account of the applicable User as reasonably determined by SFCT.

    

B. When the loading of transshipment cargo into a vessel is prevented by any factor immobilizing

the pier facility or facilities in all or in part, such as weather conditions, strike or work stoppage of

longshoremen or personnel employed by SFCT or water carrier, cargo affected thereby shall be

granted additional free time of demurrage to cover the delay if the cargo is on free time or

consolidation time when such condition arises. If cargo is on demurrage, first period demurrage

charges shall be assessed against such cargo.

 

4. REMOVAL OF TRANSSHIPMENT CARGO FROM TERMINAL FACILITY PRIOR TO

LOADING INTO VESSEL

 A. Subject to the provisions above, if transshipment cargo is not loaded into a vessel and is, at

any time, removed from the terminal facility, the said cargo shall be subject to demurrage rules

set forth above for import and export cargo and all applicable gate charges, grounding and/or

mounting of container charges in Section III. Said charges shall be assessed from the day the

cargo was received at the terminal to the day of its removal there from.

 

B. In addition, said cargo shall be responsible for the receipt and delivery labor costs incurred by

SFCT as a consequence thereof.

 

5. RESPONSIBILITY FOR PAYMENT OF DEMURRAGE AND OTHER CHARGES

 A. Except as otherwise provided, demurrage and other charges specified herein for transshipment

cargo, shall be for the applicable User as reasonably determined by SFCT.

 

B. Demurrage and other charges shall be due and payable to SFCT upon expiration of terminal

free-time. 

 

C. SFCT has the right to require payment in full of any and all such charges before such cargo

leaves the terminal or to hold other cargo related to the same User until SFCT is paid in full.

 

RULE 23 STORAGE FOR EMPTY CONTAINERS AND CHASSIS

To the extent that space is available and working conditions permit, empty containers and chassis

may be returned to SFCT for temporary storage after delivery of cargo. Acceptance is at SFCT’s sole

discretion and subject to storage charges in Section III. No free time shall be allowed for empty

containers or bare chassis.

 

RULE 24 INQUIRIES AND REQUESTS

All requests, complaints, and inquiries on matters relating to rates, rules and regulations in this

operator schedule may be directed to: 

 

South Florida Container Terminal 

2299 Port Boulevard

Miami, Florida 33132

 

Tel.  1 (305) 347-3800

 

Internet Website Address: http://www.sfct.us

 

RULE 25 OPERATOR OF TERMINAL

 SFCT reserves the absolute right to the use of the facility it operates, and permission for the use

thereof must be obtained from SFCT.

   

RULE 26 CONSENT TO THE TERMS OF THE SCHEDULE OF RATES

Any User of the terminal and other facilities under the jurisdiction of SFCT shall constitute a consent to

the terms and conditions of this Operator Schedule and evidences an agreement on the part of all

Users to pay all applicable charges and be governed by all rules and regulations published herein.

 

RULE 27 SCHEDULE OF RATES RESTRICTIONS

 At SFCT’s discretion, articles considered as cargo of a particular hazard (33 CFR 126.10) or of an

otherwise restricted nature, or of uncertain value shall not come under this Operator Schedule or be

provided with terminal services.

 

SFCT shall not load or discharge IMO class 1.1, 1.2 and 1.5 explosives and IMO class 7 cargo without

prior express written consent from SFCT. Any request must be received a minimum of seven (7) days

before receipt in order for SFCT to evaluate and determine if cargo can be accepted. SFCT reserves

the right to refuse receiving this cargo on terminal.  If accepted, an additional administrative

surcharge will be quoted by the Terminal Services Manager. Vessels with such cargo at SFCT

discretion may berth at SFCT but in any event may not discharge such cargo or have such cargo

relocated onboard while on berth without written permission from SFCT.

 

RULE 28 SHIPBOARD WELDING/BURNING

Shipboard welding and/or burning of any type is strictly prohibited while vessels are berthed at SFCT

without express written authorization from the manager of the terminal.

 

RULE 29 REMOVAL OF OBJECTIONABLE CARGO

SFCT reserves the right to move freight or other material, which in their judgment is likely to damage

other property, to another location at the risk and expense of the User, as reasonably determined by

SFCT, with a relationship with the cargo.

 

RULE 30 LIEN

 Any and all services performed on the terminal, including but not limited to container related services,

including interest on unpaid service, shall give rise to a lien in favor of SFCT against the vessel,

container, chassis, the cargo, or any other tangible property whatsoever (the “Collateral”).  SFCT shall

have a possessory lien on Collateral located in the terminal or other areas outside the terminal under

SFCT’s control.  SFCT may exercise its lien to satisfy unpaid obligations both with respect to cargo

currently in its possession and with respect to past due amounts.  SFCT may with or without prior

notice to the applicable User, sell the contents of a container or any cargo to satisfy unpaid

obligations, including any internal administrative or outside legal costs of SFCT.

 

RULE 31 OVER TIME WORKING HOURS

 When SFCT performs work at other than straight time hours for the convenience of the cargo

interests, the applicable charges under this Schedule of Rates (Section III) shall be applied, plus

additional labor charges and other applicable charges.

    

 RULE 32 WAIVER OF IMMUNITY; LIMITATION OF LIABILITY

 Any user of SFCT, in consideration for services performed, waives any defense of sovereign immunity

or other statutory limitation of liability to charges, fees or damages sought to be recovered by SFCT.

 

RULE 33 TRUCK SERVICE SCHEDULING

A.  BREAKBULK

1. SFCT reserves the right to handle breakbulk cargo. Requests must be submitted and approved

by terminal prior to any cargo arriving at the terminal.

 

2. All truck scheduling must be done on a prior day order by 12:00 pm. All scheduled trucks must

be registered in person by 12:00 p.m.     

 

3. Unscheduled trucks must register in person by 12:00 p.m. and will be worked as time permits.

Any loading or unloading beyond 5:00 p.m., whether to complete or start a new job, may be

performed on an approved Over Time basis subject to payment of additional charges.

 

B.  CONTAINERS

1.  All transactions intended to be conducted at the terminal must have a pre-approved

appointment scheduled in the terminal appointment system.

2.  Grounded Stacks and Empty Container Yards

 

The terminal will weigh, receive, and dispatch containers from 8:00 a.m. until 5:00 p.m. Drivers

must be in the inbound lane by 4:30 pm for a receipt and 4:00 pm for a delivery.     

 

Late arrivals will be processed by appointment only and on an Over Time basis subject to

additional charges. 

 

3. Drivers delivering or picking up Out of Gauge Cargo, Flat or Tank containers that involve

mounting or demounting the User's own equipment be present at the loading site before 3:00

p.m. 

 

SFCT shall not be required to perform mounting or demounting after 5:00 p.m. unless an

appointment for Over Time has been arranged prior to 3:00 pm subject to additional charges.

 

RULE 34 VESSELS REQUIRED TO USE TUG ASSISTANCE

 Vessels docking or undocking at SFCT’s facility will be required to use tug assistance unless other

arrangements have been made with SFCT prior to docking or undocking. Failure to comply with this

requirement could result in denial of a berth at SFCT’s discretion.

 

RULE 35 VESSEL TO VACATE BERTHS

 On requests for a berth, SFCT will designate the particular berth at which the vessel shall dock. SFCT

does not guarantee to furnish docking facilities. Arrangement must be made in advance of arrival of

vessel in order to assure docking facilities.

 

SFCT may order any vessel to vacate any berth when it takes a berth without prior approval from

SFCT or SFCT deems that the continued presence of such a vessel at such berth would be a potential

hazard to the vessel, the berth, the facilities or the rights or property or safety of others. Such    

situations include, but are not limited to potential natural disasters such as hurricanes, tornadoes,

earthquakes or flooding and such events as strikes, acts of terrorism or war. 

 

SFCT may order any vessel to vacate any berth when it is deemed that the continued presence of such

vessel is occupying berth space otherwise required to berth the vessels of other Users.  No User shall

have a preferential berth unless expressly stated in writing between SFCT and that User. 

 

SFCT shall provide written notice (administrative message, facsimile transmission, etc.) to the

Steamship Line, Ship's Agent, or party arranging for berthing of the vessel advising of the

requirements to vacate and referring to this Tariff item in the communication. The notice shall state

the time that the berth must be vacated and shall be presented at least four hours prior to said time.

  

If the vessel fails to promptly vacate as ordered, it shall be responsible for any damage or expense

which may be incurred by SFCT, the vessel or others as a result of such failure to vacate. SFCT shall

have the option, but not the duty, of moving the vessel to another location at the risk and expense of

the vessel. If such movement occurs, the vessel shall indemnify and hold SFCT harmless, except for

SFCT's gross negligence, for any damage or liability, which may occur as a result of such movement.

Failure to comply with an order to vacate will result in a charge to the vessel of $1,250 per hour for

each hour, or fraction thereof, of non-compliance. This charge shall be a minimum estimate of the

damages to SFCT and shall not constitute a waiver by SFCT of any greater actual damages, it may

sustain as a result of the vessel's failure or refusal to vacate. Refusal to vacate may result in denial of

future berthing privileges.

  

RULE 36 DISCHARGING OF OILS, NOXIOUS LIQUID SUBSTANCES AND GARBAGE

The discharging of ballast, bilge, oil contaminated water, noxious liquid substances, sewage, garbage

or any debris into slips, channels or on SFCT facility is strictly prohibited. Violators will be subject to

charges, penalties and fines as may be determined by SFCT. Direct contact must be made with a

USCG approved contractor for the removal of the aforementioned materials in a manner consistent

with MARPOL and any other federal and local regulations which may control the disposal of ballast,

bilge, oil contaminated water, noxious liquid substances, sewage, garbage or any debris.

 

SFCT must approve any requests to discharge any items listed in Rule 36 prior to commencing

operations.

 

 

RULE 37 SAFETY – PORT USER LIABILITY

Parties using SFCT are required to conform to any and all municipal, state and federal law, codes or

regulations, including but not limited to OSHA, USCG, EPA, Department of Homeland Security, and

DOT and will be held responsible for any violations of same and will indemnify and hold harmless SFCT

and its affiliates for any liability resulting from such violation.

 

RULE 38 INSURANCE

Charges published in this Schedule of Rates do not include any expense of fire, storm, or other cargo

insurance covering the User's interest in the cargo nor will such insurance be provided by SFCT under

its policies. All parties using the Terminal, by such use, warrant to SFCT that said  parties carries

sufficient amounts of general liability, public liability, vehicle liability and worker's compensation

insurance to cover their activities at SFCT's facilities as may be reasonably determined by SFCT.

    

 RULE 39 VESSELS REQUIRED TO COMPLETE LOADING/DISCHARGING

 In order to alleviate any current or future congestion, SFCT may require any vessel already in berth,

or about to berth, to work continuously to completion of loading/discharging at the vessel's expense.

Should the continuous loading/discharging requirement be terminated by SFCT, when the agents

and/or owners of the vessel are so requested, the vessel shall vacate the berth. Reassignment to a

berth for completion of loading/discharging will be at SFCT's discretion. Any vessel refusing to vacate

the berth after being so notified, may be subject to removal by SFCT at the relevant User's risk and

expense, including any damage, except that caused by SFCT's gross negligence. SFCT may assess an

additional dockage charge of $1250 per hour, or  fraction thereof, commencing two (2) hours after

notice to vacate is given, and will be assessed in addition to Dockage charges published elsewhere in

this Tariff.

 

RULE 40 MOVEMENTS OF VESSELS

 Vessels moored alongside vessels which are docked at piers or bulkheads for the purpose of delivering

to or taking cargo or supplies from such vessel must, at the request of SFCT, temporarily move, if

they, in the judgment of the SFCT, are blocking the ingress or egress of a vessel ready to be docked

or undocked. When vessels have finished discharging or taking on cargo, their right ceases to the use

of the dock, pier, or bulkhead and such vessels must, at the request of SFCT, surrender the berth.

  

RULE 41 RECEIPT OF EXPORT CARGO

All export cargo must be properly blocked and braced upon arrival to the terminal.  If it is deemed by

SFCT at any time before the cargo is loaded that this requirement has not been met, the export cargo

will not load and the cargo owner will be notified.

 

For the receipt of Export Hazardous cargo an electronic pre-advise (COPRAR) for any hazardous load

prior to arrival at the terminal must be received.

 

RULE 42 RESPONSIBILITY FOR DAMAGES

Users shall be responsible for all damage resulting from the use of SFCT property and facilities.  SFCT

reserves the right to repair, replace, or contract  for the same, or otherwise cause to be replaced or

repaired, any and all damages to the terminal property and facilities including damages to docks,

piers, bulkheads, wharves, cargo, containers, and  their contents if loaded; equipment, rail, shop

facilities, water, heat, light, etc., and hold any relevant User or any other party or parties that may be

in any way considered responsible for the damages liable for payment of damages, together with all

interests, costs and attorney's fees that may be incurred in the collection of the damages.  SFCT may

detain any vehicle, common carrier, vessel, water craft, etc., that it may consider responsible for any

damage to the facilities until sufficient security has been given to cover all damages, interest, costs

and attorney's fees. This item is not to be construed as holding SFCT liable for any portion of such

damages caused by SFCT's gross negligence.

 

RULE 43 LIMITATION OF LIABILITY

1. Subject to the provisions of paragraph (2) below, SFCT assumes no liability for loss or damage to

freight or cargo handled or transshipped through a Terminal.

 

2. SFCT shall be liable only for damage resulting from its gross negligence to exercise due and proper

care in performing the services and affording the facilities provided for herein. In no case shall SFCT

be liable for a sum in excess of $500 per package or per customary freight unit for non-packaged

objects unless the relevant User, prior to the commencement of such services or use of such facilities,    

 

declares a higher value in writing AND pays to SFCT, in addition to the other charges for such services

as herein set forth, a premium computed at one percent (1%) of the declared value of each package

or non- packaged object. In the event of a higher value being declared in writing AND the payment of

one percent (1%) premium, the liability of SFCT, if any, for damage resulting from SFCT’s gross

negligence in performing the services and affording the facilities provided for herein shall be

determined on the basis of such declared value, or a pro rata portion of such declared value in the

case of partial loss or damage, provided such declared value does not exceed the actual value of the

cargo. The word "package" shall include any container; van, trailer, pallet, or all other types of cargo

unitization. The word "customary freight unit" shall mean the unit on which ocean freight was or is to

be calculated for any objects not shipped in a "package" as defined hereunder. In no event shall SFCT

be liable for more than the loss or damage actually sustained, either up to the $500 per package

limitation or such higher value if declared and the premium has been paid.  SFCT shall not be liable for

any consequential damages, expenses, incidental damages or special damages or loss of profits or

revenue in connection with its performance of services or furnishing of facilities, and SFCT shall have

the option, at its sole discretion, of replacing any lost property or cargo and/or replacing or repairing

any damaged property or cargo.  SFCT’s liability for any other loss other than related to cargo damage

shall not exceed $10,000.

 

3. SFCT will not be liable for any delay, loss or damage arising from strikes , slowdowns, lockouts or

labor disturbances of any persons in its employ or in the service of others nor for any causes arising

there from, nor any causes unavoidable or beyond its control. SFCT accepts no responsibility for

damages or accidents occurring when its equipment and/or operators or employees are furnished to

perform work for third parties, except that caused by SFCT's gross negligence.

 

4. SFCT will not be responsible for damage sustained or caused by containers or cargo because of

weather conditions, including but not limited to wind or flooding or any other causes beyond your

reasonable control. SFCT accepts no responsibility for loss sustained by containers or cargo remaining

in the pier area or in the stacks at any time. SFCT accepts no responsibility for injuries or death,

damages or delays caused by cargo handling equipment, including but not limited to cranes, container

handlers, container transporters or utility trucks and/or the operators of said equipment where the

equipment is leased by SFCT to an applicable User and the equipment is in the custody and control or

supervision of the said User.

 

5. All parties to whom berths, wharves, transit sheds, mechanical equipment or other facilities have

been assigned shall be responsible and liable to SFCT for any damage occurring to such property

during their tenancy, occupation and/or use without regard to whom shall cause the damage, except

that caused by SFCT's gross negligence. All such parties further agree to indemnify and hold harmless

SFCT for any and all personal injuries and/or property damage caused by the negligence of the party

or the parties' agents, employees and/or servants.

 

6. In any event, SFCT shall be discharged from any and all liability for any loss or damage to the

goods or any claim of whatsoever kind, nature, or description with respect to or in connection with the

goods unless suit is brought against SFCT within one year after delivery of the goods or the date when

the goods should have been delivered. Suit shall not be considered "brought" for the purposes of this

Rule unless process shall have been actually served and/or jurisdiction obtained over SFCT within the

specified one-year period.

 

RULE 44 TERMINAL SECURITY FEE

 A Terminal Security Fee per container is applicable to all containers loaded or discharged.  Only one

charge will apply to a transshipped container.  Containers moving via the rail without vessel

movement will also be charged a terminal security fee.  Non-containerized cargo will be charged on a

per short ton basis.  All security charges are for the account of the B/L carrier.

 

Please refer to Section III for the terminal security fee rates. 

    

RULE 45 TERRORISM

SFCT shall not, under any circumstances, be liable for damage or injury caused to any User or the

property of Users as a result of direct or indirect acts of terrorism.

  

RULE 46 HAZARDOUS CARGO

 The following data is required for the delivering of hazardous cargoes to the terminal:

 

A. Complete shipper's name and address and, where possible, telephone numbers for emergencies.

B. User listed either separately or in the billing letterhead.

C. Complete consignee's name and address, including the overseas port of destination on exports.

D. Proper DOT shipping name, which is the technical name of the chemical involved. It must be as

listed in the Code of Federal Regulations Title 49-Part 172.101. NOTE: Use an application as described

in 172.200 through 172.203.

E. Hazardous class of the material being shipped.

F. Kind and number of containers and individual weights or total weight.

G. Placards applied on all four sides per IMO and government regulations. For rail containers placards

must be at least five feet above bottom rail of container.

H. Shipper's certification. A shipper's certification must appear on every bill-of-lading or shipping

document provided. The correct wording of this certification is as follows:

THIS IS TO CERTIFY THAT THE ABOVE-NAMED MATERIALS ARE PROPERLY

DESCRIBED, CLASSIFIED, PACKAGED, MARKED AND LABELED, AND ARE IN

PROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE

REGULATIONS OF USCG/DOT/IMO AND/OR ANY OTHER CONTROLLING FEDERAL AND/OR

STATE REGULATIONS.

 

This is to be accompanied by a legible signature of the person certifying.

I. Properly documented special instructions, exceptions or exemption information, if required.

 

For the receipt of Export Hazardous cargo an electronic pre-advise (COPRAR) for any hazardous load

prior to arrival at the terminal must be received.

 

All of the above must be complied with or the shipment will not be received by SFCT.

 

 

RULE 47 INDEMNITY

In addition to the other specific remedies provided herein, except as may be caused by SFCT's gross

negligence, any applicable User agrees to defend, indemnify and save harmless SFCT from and

against all losses, claims, demands and suits for damages, including death and personal injury,

including costs and reasonable attorneys fees, incident to or resulting from their operations on the

terminals and/or the use of the terminals' equipment and facilities.

 

RULE 48 ACCEPTANCE OF CARGO OR COMMODITY FOR HANDLING OR

STORAGE; RESPONSIBILITY FOR CONSEQUENTIAL DAMAGE AND INFESTATION

When any cargo or commodity is accepted for handling or storage, it is understood and agreed that

any and all losses, damage, or costs of fumigation, incurred by SFCT attributable to or because of

infestation or inherent vice of the cargo or commodity in question, shall be for the account of the

relevant User.

 

RULE 49 TERMINAL PROPERTY

The terminal property is not a public thoroughfare and all persons and vehicles entering thereon must

have authorization to enter the terminal property and do so at their own risk. Such persons and

vehicles by entering the terminal property, agree to obey and be bound by all rules, regulations, signs,

policies, security, and traffic control devices applicable thereto, including maximum posted speed

limits within the terminal property, and to park only in designated parking locations on the property.

All persons or vehicles entering upon the terminal property shall carry such forms of identification as

may be required by public or governmental authorities or SFCT and shall display such identification to

SFCT upon request. All vehicles, persons and accompanied and unaccompanied baggage is subject to

search.

 

RULE 50 DELAYS AND DETENTIONS

The relevant User shall hold harmless and indemnify SFCT for delays or demurrage on railroad cars,

highway trucks, or detention on vessels.

 

RULE 51 LABOR DISPUTES, STRIKES

In the event of a strike, slowdown, lockout, or other labor disturbances involving a vessel at berth or

one waiting for berth (whether it involves the vessel's crew or otherwise) which will, in the sole

judgment of SFCT, interfere with, disturb, or impede operations of the terminal, SFCT may cancel such

vessel's right to take berth or refuse to accept her at the berth, and in the event such vessel has

taken berth, SFCT may order such vessel out of berth. Should any vessel berth or interfere with other

vessels' ingress to or egress from the berth after being informed of the inability of SFCT to accept the

vessel, or should the vessel refuse to vacate after being berthed, said vessel, her owners, agents and

operators shall be liable for damages as hereinafter set forth.

 

RULE 52 GENERAL ORDER LIEN

SFCT will place a lien on cargo which is ordered by United States Customs to be placed into a General

Order warehouse. Any and all terminal costs incurred in connection with complying with any

Government authority shall constitute the amount of the lien.

 

RULE 53 DAMAGED CARGO

In the event a vessel operator/owner or its representative requests that SFCT move damaged

containers or cargo, the vessel operator shall submit a written request to SFCT describing the cargo or

container it wishes SFCT to move and stating that the party requesting the move agrees to accept any

and all responsibility for the costs of the move  and any and all damage that results from said

movement and the cost of subsequent storage of the container or cargo pending repair or

transshipment.

 

RULE 54 DAMAGED OR ABANDONED EQUIPMENT

SFCT will not permit storage of damaged, abandoned, miss-delivered, or unidentified equipment

owned by third parties on the facility. The relevant User shall be allowed:

 

Fifteen (15) days to repair or remove damaged equipment from the terminal.  Minor and roadability

repair is defined as damages that require less than 1.25 hours of repair time provided the driver is

able to pull the equipment to the roadability lane.  Examples of roadability repair are lights, lenses,

tires, mud flaps, FHWA inspection, sweep out, or any combination of repairs that do not exceed 1.25    

hours for repair.

 

Commencement of the fifteen (15) days will be from the first day after terminal operating system has

been updated noting damage status. 

 

After 45 days, SFCT has the option to move containers to an off-dock facility, and all associated

charges for such movement will be for the account of owner.

 

RULE 55 STORAGE OF EQUIPMENT UPON BANKRUPTCY

 Equipment including but not limited to a container or a chassis remaining on the terminal 30 days

after its owner or lessee has ceased operations due to bankruptcy or has gone out of business will be

charged a storage charge on equipment.  This charge will be $55.00 per unit, per day and it will be

assessed against the equipment from the date of the ceased operations and must be paid prior to

release of the equipment. The amount due must be paid by the party requesting the release of the

equipment.

 

RULE 56 SPECIAL SERVICES; HANDLING OF BREAKBULK/HEAVY LIFTS

Upon request and with advance arrangements, SFCT will provide special services not listed in this

Schedule of Rates.  Charges for these services will be based on the cost of materials plus thirty (30)

percent, equipment rental, and labor billed at the man-hour rates listed in Section III.  Charges are

subject to minimum labor requirements and will be billed where applicable.

 

 SECTION III

 SCHEDULE OF RATES

 Except as otherwise provided herein, the following charges apply on containers or chassis, of 20’, 40’

or 45’ in length, not loaded in excess of their  rated capacity, and having the loaded or empty

configuration that can be routinely handled by conventional container handling yard equipment, and

are assessed against the vessel.

 

Additionally unless otherwise noted all services and rates listed are considered performed on straight

time hours. 

 

Parties requesting yard work activities must allow a minimum 24 hours for completion of the service

requested. This does not include weekends or holidays.

 

110 Receiving or Delivering containers / chassis (excluding yard handling)      $75.00

 

120 Receiving or Delivering “Out of Gauge” Unit Load Containers            $158.10 

       which do not required special lifting equipment.

 

130 Receiving of Yacht and other Breakbulk cargoes       Available upon Request

 

140 Rigging fee, per container with over height cargoes                Available upon Request

Receiving or delivering overheight container from/to chassis or flatbed (which requires wires or

special lifting gear) to/from place of rest in the yard. This does not include lifting gear that must

be hired to accommodate excessively weighted cargo beyond normal lifting gear capacity.

 

150 Swapping containers between chassis or trucker chassis      $68.50

 

160 Mounting / Grounding / Segregating per container handled               $60.00

 

170 Pre-mounting containers provided service    $105.40 per container Straight Time

        requested by 2:00pm day prior

 

180 Drayage of container within terminal premises, per dray per container  $55.00

 

180b Drayage of containers on Dodge and Lummus Islands w/in Port         $89.59 on way 

          to Sheds G, E, Fumigation, and Seaboard Marine             $125.00 round trip

 

190 Weighing containers, per instance, includes handling      N/A

 

200 Sealing Containers with high security seal at time of receipt of        $10.00

container at gate

 

210 Placarding container (labor and placard) at time of receipt       $35 per placard removed

    of container at gate                 $25 per placard attached

 

220 Reprint of Interchange Report           $10.00 p/report

    

230 Failure to obtain an Interchange     $500.00 p/occurrence

 

240 Miss-park of container or chassis          $105.50 p/occurrence

 

250 Export Redelivery – exports received then subsequently removed from  $200.00 p/occurrence

                     the terminal without loading a vessel         

 

260 Chassis / Flatrack unbundling/bundling per stack – extra labor plus equipment and

materials at cost plus 20%

 

270 Rolling of Export Containers from one vessel to another    $55.00 per container

vessel or from one port of discharge to another port of    handled to

discharge         accommodate rolling

 

280 No container and/or chassis leases may be  terminated on SFCT facility except when

such equipment is transferred directly to another steamship line that agrees to accept

all charges accruing subsequent to the  transfer. The following charges will be

assessed against the steamship line requesting the transfer:

                  $25.00 p/container

        

290 Over Time Gates:       

Over Time Gates – will be billed at extra labor man hour rates plus equipment rental rates

subject to minimum labor guarantees

 

300 Equipment Rental Charges per Hour (minimum 1 hour)

 

Container Cranes (POM Owned)        POM Tariff

   RTG          $250.00   

   Toploader       $182.18

   Forklift (up to 10,000 lbs capacity)     $26.03

   Forklift (15,000 lbs capacity)   $31.23

   Forklift (25,000 lbs capacity)      $36.44

   Forklift (30,000 lbs capacity)      $60.00

   Forklift (35,000 lbs capacity)   $88.50

   Hustlers       $36.44

   Bombcart      $15.62

   MAFI       $52.70

 

Note 1 – Rates do not include operators.

Note 2 – Billing for crane time will be computed as follows: Total time for crane billing will be

calculated beginning with the time crane is ordered until dismissed with boom in upright

position. Total time for container handling equipment billing will be calculated beginning with

the time container handling equipment is ordered until dismissed. For container operations,

billing increment shall not be less than 1/2 hour. This verbiage does not include POM cranes

which are billed per POM tariff.

Note 3 – Time delays due to non-arrival of vessel and inclement weather shall be calculated

and billed at 25% of the applicable charge. Time delays caused by mechanical failures shall be

calculated and no charges will be made for this time. This verbiage does not include POM

cranes which are billed per POM tariff. 

Note 4 – SFCT will charge the prevailing rate in conjunction with the minimum hourly

guarantee required by the International Longshoremen's Association contract for equipment

operators.

 

310 Man hour rates per man hour   

        Longshoremen          Straight Time $64.00      Double Straight $110.00

                   Overtime $83.00       Double Overtime $140.00

  Note:  Man hours charged subject to minimum guaranteed hours.

                                

320 Occupying electrical outlet slot for refrigerated containers, per     Available Upon Request 

calendar day or fractional calendar day.  

 

Charge applies also for outlets used for pre-tripping of reefer units.

 

Subject to availability, and pricing upon request.

320a. Daily monitoring    

   320b. Plug-In / Unplug      

   320d. Gen-Set M/G each way  

   320e. Fuel for Gensets          

  

330 Opening and closing containers for a Government, such as AQI, LQV, tailgate inspection    

or per request of customer, per opening and closing on Straight Time     100.00

 

340 Inspection by U.S. Customs on containers during vessel operations     $79.05

using VACIS machine, per container (shipside exams)

 

350 Inspection by U.S. Customs on containers from stack or wheels using         $160.00

  VACIS machine, per container

 

360 Intensive Exams ordered by U.S. Customs, USDA, FDA or other Government Agencies 

Performed based upon extra labor rates, equipment rental rates, and materials used in lashing or

re-securing at cost plus 20%. Exams are for exams performed within SFCT Miami terminal.

 

370 Dockage - Per Port of Miami Tariff

 

380 Line Handling – subject to availability and upon request 

 

390 Wharfage   - Per Port of Miami Tariff

 

400 Demurrage Charges (Rules 20, 21, and 22) upon expiration of free time.

 

Containerized Cargoes:  Dry  Tanks/Refrigerated Flatrack/Special Cont.

Day 1-10   $35.00  $100.00  $75.00

Day 11 & beyond    $60.00    $130.00    $100.00  

 

Break-bulk Cargo & other loose commodities      $3.00 (per 2000 lbs per day)

 

 

410 Storage, Empty Containers or Chassis -(per calendar day or part thereof)

                                           Size  20      40

      Day 1-30  $5.00    $10.00

       Day 31+  $10.00    $20.00 

 

 

420 Terminal Security Fee      $4.75 (per full container loaded/discharged/transship)

      $0.28 (per 2000 lbs, non-container cargo)

 

 Note 1 – For transshipments discharged and loaded at SFCT facility only one charge will apply

per container (for full discharge move).

 Note 2 – For containers received and delivered at SFCT facility without loading or discharging a

vessel only one charge of $4.60 per container will apply.    

 

430 Gangway Guard    $30.00 per hour Straight time, 

    $40.00 per hour Overtime

(4 hour minimum)

 

 

440 Minimum Billing – All charges in this tariff not otherwise excepted are subject to a minimum

billing charge of $45.00 per billing.

 

450 Rebilling Invoices – A charge of $45.00 will be added to each invoice requiring rebilling except

for invoices originally incorrectly invoiced by SFCT.

 

 

460 Administration Charges

 

For preparation of ILA Royalty documents or     $10.00 per document prepared

tonnage/container assessment documents 

 

If royalties or assessments paid by SFCT and re-billed to carrier, an additional service charge of

two (2) percent will be applied.  Payment on behalf of carrier are subject to agreement by SFCT.