Version1: Applicable from 1 April 2011 - Transnet

1.1.23.4. which arrives not earlier than eight (8) hours before and not later
than eight (8) hours after its ETA,
is accorded seniority for berthing and cargo working purposes based on its firm
notice, over a vessel or vessels which have not complied with clauses 1.1.23.1,
1.1.23.3 and 1.1.23.4 above.
1.1.24. “Firm”, used in respect of a vessel, means that a vessel has been allocated a firm
berthing window based on the final written and accurate five day ETA update
received, of within eight hours and which will be senior in relation to any non-firmed
vessels.
1.1.25. “Force majeure” for the purposes of these TOGs, means, in respect of either party,
any event or circumstance, or combination of events or circumstances occurring
during the operation of these TOGs, the occurrence of which is beyond the
reasonable control (directly or indirectly) of a party, and could not have been avoided
by steps which might reasonably be expected to have been taken by such party,
acting as a reasonable and prudent commercial entity. Without limiting the
generality of this clause, such events or circumstances may include any one or more
of the following:
1.1.25.1. an act of God, act of public enemy, act or threat of terrorism, war,
invasion, embargo, military coup or armed conflict, revolution, riot,
insurrection, civil commotion, public demonstration, sabotage,
piracy, act of vandalism, explosions, lightning, fire, flood, storm,
strong winds, drought or earthquake;
1.1.25.2. any unforeseen breakdown of essential machinery or equipment
used in Terminals or Customer operations which was not caused by
the negligence of the relevant party or its project managers, agents,
or contractors, and which occurs notwithstanding adequate
maintenance in accordance with manufacturer’s specifications;
1.1.25.3. blockade or closure of the Port;
1.1.25.4. curfews in, or restrictions on travel within the surrounding areas of
Durban, Richards Bay, East London, Ngqura, Port Elizabeth,
Saldanha or Cape Town;
1.1.25.5. epidemic, plague or quarantine.
1.1.25.6. meteorites;
1.1.25.7. nuclear explosion, radioactive or chemical contamination or ionising
radiation;
1.1.25.8. power failures or interruptions of any nature whatsoever, including
but not limited to electricity;
1.1.25.9. pressure waves caused by aircraft or other aerial devices;
1.1.25.10. strikes or other industrial action;
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 6