Version1: Applicable from 1 April 2011 - Transnet

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13.2.6.3. The table below is an indicator of the general order of sequencing that will be used by TPT in the allocation of berths for exports at MBT where three or more berths are available for the loading of cargo other than woodchips. Allocations for berth 704 will be per clause 13.2.4 above which follow HBI specific conditions. All allocations and deviations will be managed in the sole discretion of TPT with due regard to maximum cargo throughput and berth utilisation. The indicative list should not be interpreted as a right by any vessel to claim seniority or right to the berth over another. 13.2.6.4. Furthermore it must be noted that construction upgrades underway at the chrome storage areas necessitates certain chrome ore exports being incorporated into the shipping mix for berth 801. Provided these chrome parcels constitute a minimum of fifteen thousand tons (15 000 tons) for drop stow not requiring separations, then such chrome parcels will be managed as scheduled parcels for berth 801. All deviations will be managed at the sole discretion of TPT. .Priority Berth 703 Berth 704 Berth 801 Berth 804 1 st Bulk vessels Coal vessels Magnetite Woodchip other than vessels vessels coal or magnetite 2 nd Coal or Magnetite vessels 3 rd Opportunity Vessels agreed to by MBT CPO Magnetite or bulk vessels other than coal Opportunity Vessels agreed to by MBT CPO Chrome Vessels Opportunity Vessels agreed to by MBT CPO Opportunity Vessels agreed to by MBT CPO Opportunity Vessels agreed to by MBT CPO 14. TNPA Port Berthing Policy for berth 608, Richards Bay 2 14.1.1. Should a phosphoric acid vessel require berth 608, a definite seventy two (72) hour notice of arrival must be given to the Berth Planner and the TPT Central Planning Office. Should a general cargo vessel occupy berth 608 and a phosphoric acid vessel arrives and wishes to berth, the General Cargo vessel must, if required to do so, move to the next available MPT berth. In such event the cost of the move will be borne by the phosphoric acid vessel. Such costs are limited to TNPA’s marine services charges only. Should no such MPT berth become 2 Extract from the Richards Bay TNPA Berth Planning Policy 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 71
available the General Cargo vessel may complete loading at berth 608 before the phosphoric acid vessel is berthed. 14.1.2. Should a vessel take up berth 608 within the seventy two (72) hours’ notice of arrival of a phosphoric acid vessel which wishes to berth, such vessel will be required to vacate the berth fifteen (15) hours after the arrival time of the phosphoric acid vessel. The cost of vacating the berth will be to the account of the vessel which is required to vacate the berth. 15. Dispute resolution 15.1. Except as otherwise indicated, if any dispute arises between TPT and the Customer/ vessel (hereinafter referred to as "the parties") regarding the implementation and/ or interpretation of these TOGs (hereinafter referred to as “disputes”), the parties must attempt to resolve by negotiating such disputes in good faith. 15.2. If a dispute cannot be resolved by agreement between the parties, it must be referred to the CLM at the relevant Terminal who must make a ruling in respect of the dispute. If both parties accept such ruling, the dispute is at an end. Should the dispute not be resolved, the dispute must be escalated as provided for in clauses 15.3 and 15.4 below. 15.3. If the ruling made by the CLM is not accepted, the dispute must be referred to the Terminal Manager (TM) at the relevant Terminal, failing which the ruling of the CLM is binding on the parties. The TM, must make a ruling in respect of the dispute and should the parties accept such ruling, the dispute is at an end. Should the dispute not be resolved, the dispute must be escalated as provided for in clause 15.4 below. 15.4. If the ruling made by TM, is not accepted, the dispute must be referred to the GM: Commercial and Planning of TPT or their duly authorised representative, failing which the ruling of the TM, as the case may be, is final and binding on the parties. The GM: Commercial and Planning or their duly appointed representative must attempt to make a ruling fairly in light of the facts available and such ruling will be final and binding on the parties for the purpose of this clause 15, but only in the sense that it brings this informal dispute resolution procedure to an end and does not prejudice such rights as either party may have to engage the other in legal proceedings in respect of the subject-matter of such dispute. 15.5. The referral of any dispute to informal dispute resolution in terms of this clause does not relieve the Customer/ vessel from any liability for the due and punctual performance of its obligations under these TOGs and shall not derogate from TPT’s rights and remedies under these TOGs. ………………………………………………………………………………………. 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 72
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The provisions of clauses 7 through
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1.1.23.4. which arrives not earlier
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