Version1: Applicable from 1 April 2011 - Transnet

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.
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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