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discharged on this vessel will have vertical guide shafts although there may be some hatches which do; 1.1.41. “Ro-Ro vessel” means a vessel which has certain cargo decks accessible only by means of a ramp which is lowered onto the quayside and over which cargo is driven on board or off the vessel by means of the ramp; 1.1.42. “load ready” means when a vessel is, in all aspects, ready to commence loading all containers in the export stack; 1.1.43. “IMDG” means International Maritime Dangerous Goods; 1.1.44. “EDI” means Electronic Data Interchange conforming to the EDIFACT standards; 1.1.45. “COPRAR” means the EDI message for the container discharge order; 1.1.46. “Terminal Operating System” means, as the case may be, the NAVIS Terminal Operating System; 1.1.47. “SDR” means Special Drawing Rights which is the unit of account of the International Monetary Fund referred to in the Hague Visby Rules; 1.1.48. “COT” means the Terminal Operator’s Conditions of Trade for Container Terminals; 1.1.49. “SOPCT” means these Standard Operating Procedures for Container Terminals; 1.1.50. “Empty Container” means any container, reefer container, controlled atmosphere container, integral reefer container, transportable tank or flatrack container that conforms to the ISO standard container type designations that is free of cargo (empty in content). In the case of transportable tanks which have previously contained hazardous cargo, these will only be considered empty if a gas-free certificate is presented in respect of such container. 1.2. Unless inconsistent with the context, an expression which denotes: 1.2.1. the singular includes the plural, and vice versa; 1.2.2. any gender includes the other gender; 1.2.3. a natural person includes an artificial person, and vice versa. 1.3. All definitions, terms and conditions contained in the COT apply to these SOPCT unless otherwise provided herein. 1.4. These SOPCT are in all respects governed by the law of the Republic of South Africa and any claim by any Party against the other which in any manner arises SOPCT 01/04/2013 – 31/03/2014 TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd Page 8 of 54
out of or pertains to these procedures, whether based in contract or delict or on any other cause of action whatsoever, must be determined in accordance with the law of the Republic South Africa. 1.5. The headings and sub-headings of these SOPCT are inserted for convenience only and are not relevant for the purpose of interpretation. 1.6. These SOPCT and appendices hereto, the COT and appendices thereto and/or the Terminal Operator’s Tariff Book and any other commercial agreement between the Parties, if applicable, constitute the entire agreement between the Parties in regard to any aspect, matter or thing referred to herein or which arises out of or relates to such matters as are referred to, and is/are the sole and exclusive memorial thereof. Save and except for what is stated herein there are no other terms, conditions, undertakings, promises or warranties of any nature whatsoever regulating the relationship between the Parties in regard to any aspect, matter or thing referred to herein or which arises out of or relates to such matters as are referred to. 1.7. No addition to, subtraction from, amendment of or variation to these SOPCT at the instance of the Customer is of any force or effect unless it is in writing and signed by the Parties. Notwithstanding the provisions of this Clause 1.7, the Terminal Operator has the right, in its sole discretion, to amend these SOPCT as and when it deems it necessary and such amendment will be binding on the Customer. 1.8. No latitude, extension of time or other indulgence which may be given or allowed by either Party to the other (indulgent Party) in respect of the performance of any obligation or the enforcement of any right arising from this Agreement, may be construed to be an implied consent by the indulgent Party or to operate as a waiver or a novation of, or otherwise affect, any of that Party’s rights in terms of or arising from these SOPCT or stop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision hereof by the defaulting Party. 1.9. Documents (other than electronic mail and telefaxes which are an accepted means of communication) referred to in these SOPCT may be transmitted and/or provided in electronic form, provided that at the time of such provision or transmission the Terminal Operator and the Customer must have concluded a written Electronic Data Interchange Agreement which is SOPCT Appendix “H”. 1.10. Each and every undertaking contained herein is capable of independent enforcement, thus enabling any court or other competent tribunal to enforce the remainder of these SOPCT should it adjudge any particular undertaking(s) or portions thereof to be invalid. SOPCT 01/04/2013 – 31/03/2014 TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd Page 9 of 54
Page 1 and 2: TRANSNET PORT TERMINALS an operatin
Page 3 and 4: container terminals at the Ports of
Page 5 and 6: 1.1.22. “FEU” means a forty foo
Page 7: notification” given on 3 July wil
Page 11 and 12: addressed within that entity and th
Page 13 and 14: 2.5.2.4. in respect of the Port of
Page 15 and 16: voyage reflecting the discharge por
Page 17 and 18: equires the late arrival of a conta
Page 19 and 20: ( 0 C) at which the container must
Page 21 and 22: purposes. In the case of an out-of-
Page 23 and 24: applicable rate, regardless of the
Page 25 and 26: planned time at the allocated berth
Page 27 and 28: Should labour be required to work b
Page 29 and 30: gantry cranes at all times on any i
Page 31 and 32: een completed. The agreed sailing t
Page 33 and 34: from the vessel, loaded onto the ve
Page 35 and 36: ___________________________________
Page 37 and 38: ___________________________________
Page 39 and 40: ___________________________________
Page 41 and 42: SOPCT APPENDIX “H” Electronic D
Page 43 and 44: ___________________________________
Page 45 and 46: ___________________________________
Page 47 and 48: ___________________________________
Page 49 and 50: ___________________________________
Page 51 and 52: ___________________________________
Page 53 and 54: SOPCT APPENDIX “J” NEW SHIPPING

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