Version1: Applicable from 1 April 2011 - Transnet

5.4.3. Where two scheduled or planned vessels indicate that they are unable to work
productively as a result of a perceived danger by each vessel of contamination of its
cargo by the cargo of the other vessel, the junior vessel may be required to move off
the berth at its own cost and will follow the senior vessel once the latter has
completed working, provided that the junior vessel can then be worked productively.
5.4.4. In all circumstances TPT has the right, in its sole discretion, to cease cargo working
and to require a vessel to vacate a berth at its own cost and expense and to be rescheduled
for later cargo working if, in the opinion of T PT, dust generated by cargo
being worked on such a vessel poses a hazard of any nature to any party
whatsoever, or the environment. In such event, TPT will endeavour to inform the
Customer/ vessel or duly authorized representative of such decision in writing.
5.5. Delays caused by Force majeure
5.5.1. If a planned vessel is requested to vacate a berth due to Force Majeure its removal
will not affect its right to the berth and it will be retained as a senior vessel, but at
the discretion of TPT. Once the Force Majeure has ended, such vessel may choose
to:
5.5.1.1. re-schedule to its original berth, if and when available, at the cost of the
party responsible for its removal or;
5.5.1.2. be re-scheduled to occupy a different available berth at the cost of the
party responsible for its removal and no cross haul charges will accrue,
although productivity may be affected. In each instance an ETA update will
be required and the CPO will need to prioritise a suitable return berth
accordingly. This may affect other scheduled or planned vessels, but TPT
will not be liable for any claims arising from any delay occasioned thereby.
5.6. Delays occasioned by cargo
5.6.1. If a vessel is delayed for more than two (2) hours due to having to wait for road or
rail transport to deliver the cargo, the relevant stand-by charges will apply to the
cargo owner/representative in respect of any delay beyond the two (2) hour period.
5.6.2. If a working vessel is delayed for more than two (2) hours due to the unavailability
of cargo occasioned by cargo delays attributable to an HBI, stand-by charges will
apply to the cargo owner/representative, for any delay beyond the two (2) hour
period or may be requested to vacate the berth after a delay of four hours. ( Refer
clause 5.1.1)
5.6.3. Stand-by charges will not be raised if any cargo delays experienced are due to the
movement of cargo between TPT berths and while under the direct control of TPT.
TPT will not be liable for any claims arising from any delay occasioned thereby.
Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April 2013
TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd 26