Published Tariff

Effective since 1 April 2019 and subject to change. 

Chapter	Chapter title
1	Introduction and application
2	Definitions and interpretation
3	Use of terminal
4	User's obligation
5	Health and safety (HSSE)
6	Rates and payments
7	Working hours
8	Limitation of liability
9	Governing law
10	Rate Schedules
11	Contact and Working Hours

Customers with an enquiry on this Tariff or another commercial request are invited to approach

For Stevedoring Related activities:                                          StevedoringSales@om.steinweg.com

For Shore Handling Related activities:                                    CustomerServiceSales@om.steinweg.com

For Warehousing, CFS and Forwarding related activities:   WTCSales@om.steinweg.com

General enquiries                                                                       sales@om.steinweg.com

For business development related enquiries please contact the commercial manager or sales manager
(contacts can be found on https://oman.steinweg.com/en/key-personnel/)

1    Introduction and application:

1.1    C. Steinweg Oman LLC is hereafter called The Operator.

1.2    This Tariff includes all terms and conditions mentioned herein.

1.3    The Operator has been granted a concession to operate the general Cargo berths at the Port by the Port Authority.  The Operator has been operating in

Sohar since 2004 and offers Stevedoring, Shore Handling , Warehousing, Container Freight Station and other Cargo related services for break-bulk, which includes

Ro-Ro, and dry bulk Cargo at the Terminal. The Operator  holds the concession to handle above mentioned Cargoes in the Port of Sohar, which has been granted

by Sohar Industrial Port Company SAOC.

1.4    This Tariff applies to all Users. Use of the Terminal or acceptance of the services shall constitute consent of Tariff/ these terms and conditions, and

furthermore shall act as evidence and consent to each User of the Terminal to pay all Rates specified, and to be governed by all rules and regulations appertaining to the

Terminal. Any deviation from these terms and conditions shall be agreed upon in writing between the Operator and a User, in the form of a written service agreement or

the like.

1.5    These regulations have been made in accordance with the SIPC Rules and Regulations. The SIPC Rules and Regulations can be found on the website of the Port

Authority, www.soharportandfreezone.com

1.6   The Operator reserves the right to amend these terms and conditions from time to time, including the Rates, by submitting new terms and conditions to its website http://www.oman.steinweg.com

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2    Definitions and interpretation:

Clause	Clause title
2.1.1	Agent
2.1.2	Cargo
2.1.2	Cargo
2.1.3	CFS
2.1.4	Class
2.1.5	Container
2.1.6	Dangerous Goods and Hazardous Cargo
2.1.7	Direct Delivery
2.1.8	Dry Bulk Cargo
2.1.9	Environmental Laws
2.1.10	Free Storage Time
2.1.11	General Landing Date or ‘GLD’
2.1.12	Government
2.1.13	Oman
2.1.14	Point of Rest
2.1.15	Port
2.1.16	Port Authority
2.1.17	Rates
2.1.18	Receive at Terminal
2.1.19	RO or OMR
2.1.20	Services
2.1.21	SIPC Rules and Regulations
2.1.22	Shore Handling
2.1.23	Stevedoring
2.1.24	Storage Area
2.1.25	Tariff
2.1.26	Terminal
2.1.27	Terminal Facilities
2.1.28	Freight Ton / FRT
2.1.29	Transshipment Cargo or Transshipment Container
2.1.30	User
2.1.31	Vessel
2.1.32	Additional Handling (inspection, surveys, etc.)
2.2	Further definitions and interpretation

Click a clause number to be directed to the clause in this chapter.
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2.1.1    Agent
Means the authorized representative of the Vessel, unless otherwise specified in the Tariff.

2.1.2    Cargo
Means Any solid, loose / bundled / packaged, containerized product and livestock (alive animals)transported to, from, in or through the Terminal and involving the use of the Terminal Facilities.

2.1.3    CFS
Means the container freight station located at the Operator’s Terminal.
2.1.4    Class
refers to the classification of cargoes as per the International Maritime Dangerous Goods Code (hereafter “IMDG”) of the International Maritime Organization (hereafter “IMO”).

2.1.5    Container
The term Container or Containerised when used in this Tariff refers to the standard ISO container, suitable for stacking and transportation of stowed Cargo, which confines its contents and must be capable of being handled as a unit and lifted by a crane with a Container spreader or similar lifting gear.

2.1.6    Dangerous Cargo and Hazardous Cargo
 Hazardous Cargo means
Any substance that is listed, defined or otherwise designated as (a) hazardous substance under IMDG code; (b) any chemical or volatile organic compound; (c) any hydrocarbons, petroleum products or waste; (d) any metabolite or chemical breakdown product or derivative or component part of substances identified above; and (e) any other chemical, substance or waste, that is regulated by, or may form the basis of liability under any Environmental Laws.

Dangerous Cargo means
Any of the following Cargoes, whether packaged, carried in bulk packaging or in bulk, within the scope of the following instruments;

• Solid bulk materials possessing chemical hazards and solid bulk materials hazardous only in bulk, including waste, as per the Code of Safe Practice for Solid Bulk Cargoes (BC Code)
• Harmful substances in packaged form and dangerous substances, materials or articles (covered by the IMDG Code)

•  All other potential Hazardous and Dangerous Cargo not covered in above articles which will or may pose risk to health, safety, property or the environment during operations, storage and/or transportation.
  
  The term Dangerous Cargo includes without any restriction, any empty uncleaned packaging’s, which previously contained Dangerous Cargo, unless the packaging’s have been sufficiently cleaned of residue of the Dangerous Cargoes and purged of vapors so as to nullify any hazard or have been filled with substances not classified as being dangerous.
  
  

2.1.7  Direct Delivery
Direct Delivery is the operation where

• a) For exports Cargo is delivered directly by shippers or their agent from Road Gate In (on road transport or other mode arranged by the shipper or its agent) to Vessel’s hook without landing at a place of rest; and

• b) For imports, Cargo is delivered directly from Vessel’s hook (on to road transport or other mode arranged by the consignee or his agent) to Road Gate Out without landing at a place of rest.
  
  Direct Deliveries shall be delivered/received from or to the Vessel’s hook as fast as the Vessel can deliver or receive.
  

Direct Deliveries are in principle only applicable for Special Break-Bulk Cargoes, Dry Bulk Cargoes and
Dangerous Cargoes and Hazardous Cargoes, for reasons but not limited to;
(a) Handling capacity; (b) exposure to the Terminal, environment and other Cargoes or; (c) health and safety aspects.

The Operator, at its sole discretion, can demand from the user that the Cargo is or will be handled on Direct Delivery basis.

Special Break-Bulk Cargo means Cargo which due to its dimensions, weight, or sensitivity to handling damage requires a special handling method.

2.1.8    Dry Bulk Cargo
Means the dry Cargo suitable for being discharged/loaded loose from/to the carrying Vessel by means of grabs, conveying systems or vacuum equipment.

2.1.9  Environmental Laws
All governmental, SIPC, Operator and municipal laws, rules, regulations, statutes, ordinances, permits or orders, and any judicial or administrative interpretations thereof, relating to (a) the prevention, control, or management of pollution, (b) the protection of the environment, included but not limited to, air, water, groundwater, land, soil, sediments, humans, animals, and vegetation, (c) waste generation, handling, treatment, storage, disposal, release, emission or transportation, or (d) regulation or exposure to Hazardous and Dangerous products.

Users of the Terminal are obliged to

• inform other parties,
• be informed of regulations, and
• to act and/or operate in accordance of such laws and its limitations

2.1.10    2.1.10 Free Storage Time
Means either
1. For Vessel Imports/Exports/Transshipments: The specified period during which Cargo or Containers handled over the quay may occupy space assigned to it in the Terminal, free of demurrage charges; or
2. For CFS: A period during which Containers and Cargo handled at the Terminal may occupy space assigned to it in the Terminal, free of demurrage charges.

2.1.10.1 Free Storage Time for Cargo Imports via Vessels

First Day of Free Storage Time	GLD
Demurrage start to count on the	day following the last day of Free Storage Time
Cargo considered delivered at the day/time	Cargo loaded onto truck-trailer of consignee (or his agent)
Demurrage for account	Consignee (or his agent), subject to Clause 3.8

2.1.10.2 Free Storage Time for Cargo Transshipments (Vessel to Vessel)

First Day of Free Storage Time	GLD of the inbound Vessel
Demurrage start to count on the	day following the last day of Free Storage Time
Cargo considered delivered at the day/time	Loaded onboard the connecting Vessel
Demurrage for account	Either 1.Agent of the connecting Vessel (if criteria are met); Or 2. Agent of the inbound Vessel (if criteria are not met)

* Criteria: a) The Agent of the inbound Vessel has declared the connecting Vessel prior to arrival of the inbound Vessel at the Operator’s Terminal; and b) The Agent of the inbound Vessel acts as Agent of the connecting Vessel or has obtained from other Agent of the connecting Vessel written confirmation that the other Agent of the connecting Vessel accepts demurrage charges (if any) on its account.

2.1.10.3 Free Storage Time for Cargo Exports on Vessels

2.1.10.3.1 Common Export Booking by Vessel Agent
Under a common export booking procedure applied between the Agent of the Vessel and the Operator, basis the agreed export booking (‘booking’) between Agent and Operator:

First Day of Free Storage Time	Cargo acceptance date (as per booking) *
Last Day of Free Storage Time	As per booking **
Demurrage start to count on the day	Following the last day of Free Storage Time
Cargo considered delivered at the day/time	Loaded onboard the Vessel
Demurrage for account	The Vessel or his Agent, unless an exception is applicable in accordance to Clause 2.1.10.2

* An earlier cargo acceptance date, if considerable, is to be discussed between the shipper and Operator and shall not affect the Last Day of Free Storage.
** The Operator will, acting reasonably, extent this period in case of a delay attributable to the Operator.

2.1.10.3.2 Export Shipment agreed between shipper (or shippers agent) and Operator
Exceptions to Clause 2.1.10.3.1 are applicable in case of

• Dry Bulk exports with FOB terms of shipment, where the Operator has entered into an export booking with a shipper;
• If for other reasons that Operator and shipper have entered into a booking.

In such case:

First Day of Free Storage Time	Cargo acceptance date (as per booking), i.e. the day on which shipper and Operator plan first Cargo deliveries to the Operator’s Terminal
Last Day of Free Storage Time	As per booking *, The Agreed Day of an export booking, determined based on the Free Storage Time applicable under the Operator’s Tariff or as otherwise agreed between the shipper (or shippers Agent) and Operator.
Demurrage start to count on the day	Following the last day of Free Storage Time
Cargo considered delivered at the day/time	Loaded onboard the Vessel
Demurrage for account	Shipper (or his agent)

* The Operator will, acting reasonably, extent this period in case of a delay attributable to the Operator.

On Clause 2.1.10.3.1 and Clause 2.1.10.3.2
Unless specifically agreed otherwise by agreement or in the agreed export booking, the Operator will apply for each export booking cut-off times for Cargo delivery and documentation:

For Ro-Ro and Break-Bulk:

Cut-off time for	Cut-off
Submission bookings	3 office days prior estimated time of arrival prior noon hours
Cargo documentation	3 office days prior estimated time of arrival prior noon hours
Cargo delivery	Thursday 12.00AM hours for estimated time of arrival on Sunday or Monday Sunday 12.00AM hours for estimated time of arrival on Tuesday: Monday 12.00AM hours for estimated time of arrival on Wednesday: Tuesday 12.00AM hours for estimated time of arrival on Thursday: Wednesday 12.00AM hours for estimated time of arrival on Friday: Thursday 12.00AM hours for estimated time of arrival Saturday:

For Dry Bulk:

Cut-off time for	Cut-off
Submission bookings	At least 5 office days prior estimated time of arrival prior noon hours
Cargo documentation	At least 5 office days prior estimated time of arrival prior noon hours
Cargo delivery	24 hours prior estimated time of arrival

Cut-off time may be updated (preponed or postponed) between the Operator and booking party (upon agreement) based on the preponed or postponed arrival of the Vessel. Such change shall have no impact on the free storage and demurrage calculation. After Cargo delivery cut-off time Cargo not delivered to the Terminal at that time will be shut out, unless the Operator and booking party agree on late delivery.
For late delivery the Operator reserves the right to charge late delivery related charges at its discretion which will be informed upon the time of receiving a late delivery request from the booking party.

The Cargo delivery cut-off times advised in the tables above in general allow sufficient time for the Operator, Vessel and other parties involved to adequately prepare amongst others Vessel loading operations, conduct measurements, verify Cargo weight, verify availability of lifting gears and have pre-operational meetings where required.
Requests for late delivery will not be unreasonably withheld but will be considered by the Operator taking such factors into consideration.

2.1.10.4 Container Freight Station (CFS)
The Operator will offer CFS Services to Users on a case to case basis based on the business case of the User.
For operations classified as CFS Services the Operator will in principle provide Free Storage Time for the Cargo and Containers. Unless specifically agreed otherwise the Operator will apply the following basis of storage and demurrage calculation for each import CFS shipment or export CFS booking:

Cargo Only	IMPORT (STRIPPING)	EXPORT (STUFFING)
A: First Day of Free Storage	Stripping (unpack) Date
B1: Either Free Storage Time in Cargo Unit Days per shipment; or B2: In Calendar Days per shipment	Offered on case basis
C: Cargo Unit considered to be delivered	Truck-trailer loading day
In case of B1 D: Consumed Cargo Unit Days per Cargo Unit E: Total Consumed Cargo Unit Days per shipment F: Demurrage Charges per Shipment (if any)	D = C-A E =Sum all Cargo Units (D) (E-B1) x Demurrage Rate per Cargo Unit Day	D = C-A E = Sum all Cargo Units (D) (E-B1) x Demurrage Rate per Cargo Unit Day

In case of B2 F: Demurrage Charges per Demurrage Slab (if any)

As per Demurrage Rate per Slab applicable for balance Cargo

As per Demurrage Rate per Slab applicable for balance Cargo

Cargo demurrage charges shall be for account of the User having requested for the Services.

Shipping Line Containers Only	IMPORT (STRIPPING)	EXPORT (STUFFING)
A: First Day of Free Storage per container	Lift off date	Lift off date
B: Free Storage Time in Container Days	Offered on case basis	Offered on case basis
C: Container delivered	Lift on date	Lift on date
D: Consumed container storage days per container	C-A	C-A
E: Total Consumed Container Days per shipment	Sum of all Containers (D)	Sum of all Containers (D)
F: Container Storage Charges per shipment (if any)	E-B) x Container Storage Rate per Day	(E-B) x Container Storage Rate per Day

Container Storage charges shall be for account of the User having requested for the Services.

In General on Clause 2.1.10.1 up to 2.1.10.4:
Free Storage Time is calculated in calendar days and shall not be affected by working days or national holidays. After expiry of Free Storage Time demurrage charges apply and will be charged accordingly.

2.1.10.5 Warehousing
The Operator will offer warehousing Services to Users on a case to case basis based on the business case of the User. For warehousing Services the Operator will in principle not offer Free Storage Time.
For warehousing the Operator will not apply demurrage calculations and charges but apply warehousing calculations and warehouse rent charges instead. The basis of calculation and Rates will be offered on a case to case basis.

Cargo shall, in principle, be deemed received into warehouse (open storage or covered storage) or delivered out of Warehouse (open storage or covered Storage) on the following basis:

Delivery by Operator or User from/to the Operator’s Terminal	Received into Warehouse	Delivered out of Warehouse
Land delivery (trailer)	Trailer Unloading Date	Trailer Loading Date
Land delivery (container)	Stripping (unpack) Date	Stuffing (pack) Date
Vessel Discharging at Operator’s Terminal	General Landing Date	Not applicable
Vessel Loading at Operator’s Terminal	Not applicable	Actual Time of Vessel sailing

2.1.11   General Landing Date (or ‘’GLD’’)
The General Landing Date is the median date of the Stevedoring activities on board a Vessel. As from this date the free storage on the Terminal will be calculated. Demurrage starts to count as from the next day after the end of the free storage period.

2.1.12   Government
Means the Government of Oman or any agency, authority, department, Minister, Ministry or other element thereof: references to the Government shall be construed as references to the appropriate element thereof;

2.1.13    Oman
Means the Sultanate of Oman in its entirety;

2.1.14   Point of Rest
An area at the Terminal, which is assigned for

• Receipt of inbound Cargo/Container from the Vessel and from which it may be delivered to the consignee (or its agent) or loaded on a Vessel in the case of transshipment;
• Receipt of outbound Cargo/Container from the Shipper (or its agent) for loading on board of a Vessel;
• Receipt of import Cargo/Containers for the purpose of warehousing, for future outbound delivery of Cargo/Containers on to a mode of transport at the Operator’s Terminal;
• Receipt of import Cargo/Containers for the purpose of CFS, for consecutive outbound delivery of Cargo/Containers on to a mode of transport at the Terminal;

2.1.15    Port
Means the Port of Sohar, Oman;

2.1.16   Port Authority
Means Sohar Industrial Port Company SAOC;

2.1.17    Rates
Means the rules and regulationsMeans the Operator's charges for the Services as set out in clause 10.
Rates and payment conditions can be found in clause 6.

2.1.18    Receive at Terminal
For import Cargoes: Rates include all normal Cargo handling as from Vessel’s hook until delivery on to the consignee’s (or its agent’s) trailer with temporary outdoor storage on the Terminal (storage area, laydown area, etc.)

For export Cargoes: Rates include all normal Cargo handling as from arrival of the Cargo by the shipper’s (or its agent’s) trailer until delivered to Vessel’s hook with temporary outdoor storage on the Terminal (storage area, laydown area, etc.)

The charges for storage of Cargo on the Terminal are not included in these rates. Transport from alongside the Vessel to ‘Dedicated storage area’ may be debited separately (at the Operators discretion). All services exceeding standard Cargo handlings will be debited separately, at the Operators discretion.

“Hooking on and hooking off are considered to be part of and included in Stevedoring”

2.1.19    RO or OMR
Means Rials Omani, the lawful currency of Oman;

2.1.20   Services
Means any and all services conducted within the Terminal facilities or container transports for CFS.

2.1.21  SIPC Rules and Regulations
Means the rules and regulations issued by the Port Authority from time to time which apply to all members, which includes but is not limited to Users, of the Port and Terminal.

2.1.22   Shore handling

2.1.22.1 Shore Handling for General Cargo (non Ro-Ro)
Shore Handling is the service charge for the movement of Cargo from the hook of the Vessel to the Storage Area or place of Rest, and up to presentation to/from consignee’s/shippers transport in case of import, and vice versa for export. For heavy-lifts or units with unsuitable configuration for Handling with standard equipment the consignee or his agent must make separate arrangements with the Operator. In the general Cargo section of this Tariff the charges are based on ‘received at Terminal’.
“Hooking on and hooking off are considered to be part of and included in Stevedoring”

2.1.22.2 Shore handling for Ro-Ro Cargoes
Shore handling for Ro-Ro Cargoes is the service charge for the movement of Cargo from the ramp of the Vessel to the place of rest, or vice versa in case of export, and from the Vessel ramp to the place of rest and consecutively back from the place of rest up to the Vessel ramp in case of transshipment.
The move from the place of rest up to the consignee’s/shipper’s truck is considered a separate move and not part of the Shore Handling activity and related charge. If such move is executed by the Operator, a transfer fee is applicable as per clause 10.2.4.

2.1.23    Stevedoring
The physical handling of Cargo on-board of the Vessel from or to the Vessel’s hook or point of discharge or load. This includes supervision and management. Stevedoring charges for Break Bulk and general Cargo are based on loading or discharging with Vessels’ gear. Stevedoring rates include stevedores, winch/crane drivers, ships tally, foreman and signalmen (Vessel work only). Stevedoring rates exclude any lifting gears and equipment required inside Vessels’ hatch/hold and/or all additional labors required due to extraordinary operational circumstances.

“Hooking on and hooking off are considered to be part of and included in Stevedoring”

Irrespective of the terms of shipment, payment of stevedoring and related service charges will be the responsibility of the Vessel and/or his Agent (exceptions are considerable for Dry Bulk as specified in Clause 10.3.3 or in the event Vessel and/or his Agent have sought and received prior written approval from Operator’s commercial department to deviate from the same.

Note: It is mandatory that ships gear are in a proper mechanical, hydraulic and operational condition. The Operator reserves the right to stop unloading operations, if cranes do not work in a safe, proper, efficient and productive manner and/or if cranes are technically malfunctioning, even if valid gear certificates are presented to the Operator. The consideration of the Vessel cranes’ or gear condition will be as per the sole discretion of the Operator.

In case the Operator deems Vessel cranes’ are not in an acceptable condition, it reserves the right to use the mobile shore crane(s) which will be debited to the Vessel or her Agent at published rates.

The Operator will not use, nor allows the use of Vessel cranes of the derricks type. A vessel equipped with such cranes is considered gearless and mobile shore crane(s) will be used and debited to the Vessel or Agent at published rates.

2.1.24    Storage Area
Means an open Storage Area at the Operator’s Terminal, where Cargo or Containers may be held at the custody of the Operator as instructed by the User (or its agent) delivering Cargo to the Terminal. Storage requests shall be submitted prior arrival of Cargo at the Terminal and will be offered for subject to availability.

When storage is mentioned in this Tariff it shall mean outdoor storage.

2.1.25    Tariff
means this Tariff and its terms and conditions as may be amended from time to time by the Operator.

2.1.26    Terminal
Means the Operator's Terminal at the Port including Terminal Facilities;

2.1.27    Terminal Facilities
Meaning any wharves, docks, piers, sheds, warehouses, land, structures, buildings, pipelines and extensions thereof and appurtenances there to, equipments and appliances of all kinds situated within the jurisdiction of and/or owned, operated or leased by the Operator or which are in its care and custody.

2.1.28    Freight Ton / FRT
Unless otherwise specified, all ‘Tons’ shall be regarded as ‘Freight Tons’ and shall be determined by a weight of 1,000 kilograms or a measurement of one cubic meter at extreme measurements (one cubic meter = biggest length x biggest width x biggest height), whichever is higher.

2.1.29    Transshipment Cargo or Transshipment Container
“Transshipment Cargo or Transshipment Container” means Cargo landed from a Vessel and placed in the custody of the Operator for the purpose of shipment on another Vessel.

2.1.30    User
Includes (1) any person or entity using the Terminal Facilities or to/from whom any service, work or labour is furnished, performed, done or made available by the Operator or any other person using the Terminal Facilities, (2) any person or entity owning or having custody of Cargo moving in, over or through the Terminal, (3) all Vessels and their owners, operators, crew and agents, and (4) any other person, individual, firm or corporation that conducts business at the Terminal Facilities.

2.1.31   Vessel
Means floating craft of every description and shall include in its meaning the term owners, charterers, operators, managers and mortgagees thereof.

2.1.32    Additional handling (inspection, surveys, etc.)
Stevedoring and Shore Handling rates are based on a single Cargo manipulation. Any additional moves the Operator requires to execute are subject to additional handling charges at the discretion of the Operator. Such occasions may include but are not limited to the requirement for inspection, surveys, sorting and the like.

2.2    Further definitions and interpretation
2.2.1 Clause and schedule headings shall not affect the interpretation of this Published Tariff.

2.2.2 A person includes a natural person, corporate or unincorporated body (whether or not having
separate legal personality) and that person's legal and personal representatives, successors and
permitted assigns.

2.2.3 The schedules and background form part of this Published Tariff and shall have effect as if set out
 in full in the body of this Tariff. Any reference to this Tariff includes the schedules and background.

2.2.4 Words in the singular shall include the plural and vice versa.

2.2.5 A reference to writing or written includes faxes but not e-mail.

2.2.6 A reference to the masculine includes the feminine.

2.2.7 Where the words include(s), including or in particular are used in this Tariff, they are
 deemed to have the words without limitation following them. Where the context permits, the words
 other and otherwise are illustrative and shall not limit the sense of the words preceding them.

2.2.8 Any obligation in this Tariff on a person not to do something includes an obligation not to agree,
 allow, permit or acquiesce in that thing being done.

2.2.9 References to clauses and schedules are to the clauses and schedules of this Published Tariff.

2.2.10 References to days means to calendar days.

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3    Use of Terminal:

Clause	Clause title
3.1	Designation and regulation
3.2	Acceptance of Cargo
3.3	Terminal access
3.4	Responsibility for damage to Facilities
3.5	3rd Party Equipment
3.6	Vacate a Berth
3.7	Cargo Inspection moves and handling
3.8	Unclaimed Cargo
3.9	Direct Delivery
3.10	Lashing
3.11	Unlashing

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3.1    Designation and regulation
The Operator reserves the right to designate and regulate the use of the Terminal and all facilities of the Terminal.

3.2    Acceptance of Cargo
The Operator reserves the right to handle and/or accept or reject any and all Cargo at the Terminal.

3.3    Terminal Access
Access to the Terminal will only be granted by the Operator after a written/faxed/e-mail request by the User. Any person expecting to dock a Vessel at the Terminal

for the purpose of loading or discharging must give the Operator and the Port Authority such information as requested, including the information required by the

SIPC Rules and Regulations.

3.4    Responsibility for damage to Facilities
Users are solely responsible for any damage to the Terminal or injury to any person resulting from their use of berths or any other Terminal facilities. The Operator

reserves the right to repair, or otherwise cause to be repaired, such damage at the expense of such User.

3.5    3rd Party Equipment
The Operator prohibits the placing and/or use within the Terminal of any mechanical equipment not owned by the Operator without prior written approval of the

Operator and payment of any applicable charges. Users are solely responsible for any liability arising from any damage to any property or injury to any person caused by

such mechanical equipment.

3.6     Vacate a berth
The Operator reserves the right to instruct a User to vacate its Vessel from its allocated berth at the Terminal on completion of discharging and/or loading. The User is

obliged to meet the request at its own expense.

3.7    Cargo Inspection moves and handling
The Operator reserves the right to move, at the risk and expense of the User, any Cargo or Container to another location and/or inspect them, which in its judgment may pose a risk or is likely to damage other Cargo, Containers, Terminal Facilities or Users.

3.8    Unclaimed Cargo
Cargo remaining at the Terminal unclaimed for a period of more than:

• a) Six months for all
• a. Dry bulk Cargo;
• b. Timber and Plywood
• c. Jumbo Bags and pre-slinged bags
• d. All types of steel Cargoes
• e. General Cargo and not otherwise specified Cargoes
• f. Empty Containers (SOC’s)
• g. Project Cargo and any Cargo above 20 metric ton and/or out of gauge
• h. Vehicles and other self-propelled Cargo;
• i. Containerized Cargo
• b) Six months, or less when the situation requires for the same, for
• a. Dangerous Cargo, Hazardous Cargo and distressed Cargo;
• b. Refrigerated containerized Cargo;

and for which the Operator’s charges and/or customs charges have not been paid, may be auctioned and sold by Omani Customs or by the Operator. The above mentioned periods start to count from the General Landing Date (for import and transhipments) or the date on which Cargo is received at the Terminal.

In case the Omani Customs authority intends to auction Cargo and provided that the Operator has received a notification of such intention, the Operator shall use best efforts to inform the ‘Responsible Party’ of such intention.

‘Responsible Party’ is considered the Party having delivered Cargo to the Terminal, being for

Cargo arrived at Terminal by	For purpose	Responsible Until	Responsible Party
Vessel	Import	Up to CRO Date, re-shipment or auction date	Vessel or its Agent
Vessel	Import	From CRO Date up to the day of Cargo removal	The Consignee or its agent
Vessel	Transshipment	Until transshipment, removal or auction date	Vessel or Agent of inbound Vessel; or Vessel or Agent of outbound Vessel, *
Land	Export	Until shipment, removal or auction date	Agent (as export booking Party)
Land	Export	Until shipment, removal or auction date	Shipper (as export booking Party)
Land	CFS, Storage, Warehousing,	As per Agreement and Until Cargo release date or Until Cargo shipment date from the Terminal	The requesting Party
Any	Auction	From the day of auction until the moment of removal of Cargo	Buyer of Cargo at auction

* Shall be the Agent absorbing demurrage in accordance to Clause 2.1.10.2.

In the event the Cargo remains on the Terminal for a period longer then the above-mentioned periods, the Responsible Party may request the Operator and/or Omani customs authority to facilitate the auctioning of Cargo, it falls within the sole discretion of Omani customs authority to decide on such request. The Operator will not unreasonably withhold such request.

Notwithstanding any of the above and the below, the Operator acting reasonably, will not proceed to auction Cargo itself

• In the event there are no outstandings on the Cargo exceeding payment terms;
• If charges raised by the Operator are disputed by the Responsible Party and provided the Responsible Party acts reasonable to resolve such dispute and settles all non-disputed amounts within the agreed payment terms; and
• If charges raised by the Operator are paid within the agreed payment terms or are paid promptly after the Operator has notified the Responsible Party of a payment default; and
• Without notifying a Responsible Party of its intention and reasons to do so, and providing the Responsible Party with reasonable notice period allowing the Responsible Party to take actions within such notice period to satisfy the Operator’s requirements to not auction the Cargo.
  
  In the event Cargo proceeds for auction either on Omani Customs order, Operator’s decision or request of the Responsible Party, then the following charges and conditions are applicable to the buyer of auctioned Cargo:
  

  Auctioned Cargo Rates	As per Clause 10.1.20 or Clause 10.2.10, for account of the buyer of Cargo from the auction
  Cargo Release Date	Following a) payment Receipt of Responsible Party for all outstandings up to the date of auction, or 10 days after auction date (subject to Omani customs Authorities consent) in case of payment failure by Responsible Party, whichever earliest, and b) payment Receipt of Auctioned Cargo Rates

  
  The Responsible Party shall remain responsible for all charges accrued during and till the end of the period it is responsible for, as mentioned in the table in this Clause (on previous page), which responsibility shall commence:
  
  1.For imports by Vessel at the Terminal, the Operator will commence to charge the Responsible Party (Vessel or its Agent) on notification and after 30 days from GLD if Cargo remains unclaimed (i.e. no CRO is issued by Operator) for all accrued charges from GLD.
  
  2.For imports by Vessel at the Terminal, the Operator will commence to charge the Responsible Party (consignee or its agent) of claimed Cargo from GLD for all accrued charges from GLD.
  The Operator will assume the consignee to claim Cargo on which basis it will initially debit the Consignee or its agent . In the event the Cargo remains unclaimed such raised Charges will be debited to the Vessel or Agent in accordance to the above paragraph 1.
  
  3.For transshipments via the Terminal by Vessel, the Operator will commence to charge the Responsible Party from GLD of the inbound Vessel.
  
  4.For exports via the Operator’s Terminal by Vessel, the Operator will charge the Responsible Party from the Cargo Acceptance Date mentioned on the agreed export booking.
  
  5. For CFS, Warehousing and other Services for which Cargo is delivered by Land, the Operator will charge the Responsible Party from the moment of Cargo receipt at the Terminal
  
  All of the above in this Clause 3.8 shall be in accordance and subject to customs regulations applicable from time to time. Any User is responsible to inform himself on the latest applicable customs regulations.
  
  

3.9    Direct Delivery
The Operator may, at its sole discretion and capacity, handle Cargo on a Direct Delivery basis.

3.10    Lashing
For lashing work onboard a Vessel, when the Operator assists with lashing, it will be (a) for and on behalf; and (b) for risk; and (c) for expense of the party requesting

such service.  It will remain the responsibility of the requesting party, and the master of the Vessel that the work is executed as per required standards. Cargo lashing on trucks is always in the scope and responsibility of the transporter/receiver. If the Operator is requested to provide assistance, it will be (a) for and on behalf; and (b) for risk; and (c) for expense of the

party requesting such service. It will remain the responsibility of the requesting party, and the transporter that the work is executed as per required standards. 

3.11 Unlashing

Unlashing work on board a Vessel, which the Operator deems can be executed by its staff, will in principle be executed by the Operator. Where the Operator deems unlashing work, for reasons such as but not limited to its technicality, safety/quality aspects or equipment requirement(s), cannot be executed by the Operator, such unlashing work shall be executed by the Vessel or its appointed service provider. 

The disposal of lashing material, dunnage and other waste from a Vessel will be at Vessel expense. 

Unlashing (from trailer) of Cargo delivered to the Terminal for export or storage, shall in principle be executed by the shipper or its agent, its transporter or User appointed for such unlashing work. When the Operator is requested to assist with unlashing, it will be (a) for and on behalf; and (b) for risk; and (c) for expense of the party requesting such service. 

4. User's obligations

4.1 User co-operation

All Users must co-operate with the Operator at all times when at the Terminal and in all matters relating to the Services.

4.2 Storage Requirements

Users shall ensure Cargo/Container is delivered to the Terminal packed so to be able to withstand natural and normal handling forces. Packing shall be marked sufficiently, clear and as per international standards. Users shall inform the Operator in writing at least 24 hours prior to delivery/arrival of the Cargo/Container of any special handling and storage requirements, upon receipt of such requirements Operator may advise additional terms under which it shall store the Cargo/Container. Such additional terms include but shall not be limited to:

- Rejection of the Cargo/Container

- Demand Direct Delivery Basis

- Demand a waiver of liability in favour of the Operator

Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Operator by the User before or at the time of taking delivery of Cargo/Container from the Terminal, such removal shall be prima facie evidence of (a) the delivery by the Operator of the Cargo/Container as described in the cargo documents and (b) compliance of the Operator with the storage requirements.

Operator shall not be liable for any damage or loss of the Cargo/Container if no special handling and/or storage requirements have been provided/communicated in writing to the Operator 24hrs prior to arrival/delivery of Cargo/Container or when such information was unclear and/or inconsistent and/or late. For the interpretation of 24hrs, notice should be given latest 12.00 AM hours during office hours.

4.3 Vessel requirements

All Users must ensure that Vessels are arranged as per the Vessel requirements notified to the User by the

Operator from time to time. Vessels calling the Terminal shall have gear suitable to (off-)load Cargo onboard, unless agreed otherwise. Vessel gear shall have valid certification as per international standards being certified by a renowned maritime inspection and certification bureau. Such certification certificates may be requested by the Operator in advance of Cargo operations. Vessels calling the Terminal shall be properly classed and remain in class for the duration of its stay at the Terminal, in addition to being in class Vessel shall be covered for P&I (Protection and Indemnity Insurance) and no premium payments shall be outstanding. Vessel to further comply with applicable international, national and flag state standards and

requirements. Vessel to ensure a safe working environment for the Operator. Upon the simple written request of the Operator the Vessel shall provide evidence of its compliance with the obligations contained in this article 4.3.

4.4 Cargo requirements

Break-bulk Cargoes should have suitable lifting points being directly accessible and clearly marked. Lashing points should be suitable for handling the Cargo. Central gravities and other instructions relevant for handling of the Cargo should be easily identifiable marked or provided to the stevedore before the commencement of Vessel and Terminal operations. Cargo or its packaging have to comply with international maritime standards for Cargo handling.

4.5 Documentation

All Users must provide, in a timely manner, such information, documents and materials as the Operator may require to provide the Services, to take any safety or security measures or and as are required to enter the Port under the SIPC Rules and Regulations.

4.6 Licensing, permits and consent

Each User must obtain and maintain all necessary licences, permits and consents and comply with all relevant legislation in connection with its Cargo for using the Terminal.

4.7 Notice of arrival

Each User must give the Operator sufficient notice of a Vessel arriving, and the notice must include information as set out in clause 10.8

4.8 Insurance

Each User should, at its own expense, obtain and maintain at least the following insurances with a reputable

insurance company:

• insurance of its Cargo to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction, theft or accident;

• insurance for such amounts as a prudent owner of its Cargo would insure to cover any third party or public liability risks of whatever nature and however arising in connection with its Cargo;

• insurance against such other risks relating to its Cargo as may be required by law; and
• insurance which includes full coverage for any risk to and deriving from the Cargo during the stay of the Cargo on the Terminal (from arrival to up to departure from the Operators premises), which shall amongst other, but not be limited to, cover handling, storage, transport and all other risks of external calamities and contingencies.

Charges published in this Tariff do not include any expense for insurance covering the Cargo, containers, Vessels or other equipment. It is the Terminal user’s responsibility to take out such insurance coverage.

4.9 Insurance Certificate

Each User shall, at the Operator's request, produce both the insurance certificate giving details of cover and the receipt for payment of the current premium in respect of the insurances.

4.10 User liability (Fraud, negligence, a.o)

Users shall be liable to pay to the Operator, on demand, all reasonable costs, charges or losses sustained or incurred by the Operator (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from the User's fraud, negligence, failure to perform or delay in the performance of any of its obligations under this Tariff, these terms and conditions, subject to the Operator confirming such costs, charges and losses to the User in writing.

4.11 Environmental Laws

Users of the Terminal are obliged to act and/or operate in accordance with all applicable Environmental

Laws in the Terminal jurisdiction.

4.12 User Registration

Each User should register itself with the Operator prior receiving Services.

Users as an entity shall provide the Operator with the following details for receiving Services;

• Commercial Registration Copy and Tax Number
• Company details
• Contact details
• Mailing details

Users as an individual shall provide the Operator with the following details for receiving Services;

• Full name with passport or Omani resident card copy
• Contact, mailing and address details

Users visiting the Terminal for other reasons require to intimate their purpose of visiting in advance to the relevant department head which will advise further requirements for registration accordingly.

5. Health and Safety (HSSE)

5.1 HSSE Compliance

Users must comply with all of the Operators' HSSE rules and regulations (HSSE means health, safety, security and environment). By entering the Terminal the User automatically and indisputably acknowledges full knowledge of and compliance with these rules and regulations. Parties using the Port are required to conform with all of the current safety and security rules and regulations. Please contact our HSSE department for safety inductions when visiting our Terminal.

5.2 Submittance of Dangerous Cargo information

All Users of the Port and Terminal have the obligation to report full details (including but not limited to the Materials Safety Data Sheet) of all Dangerous and Hazardous Cargo at least 5 days prior to arrival of such Cargo. Acceptance of Dangerous Cargo and Hazardous Cargo is subject the consent of the Port Authority and the Operator. 

Users of the Port and Terminal failing to inform the Operator and Port Authority in advance of Dangerous Cargo and Hazardous Cargo arrival will be held liable and may face penalties for such late notifications.

More specific information and requirements of the Port Authority (SIPC Rules and Regulations), can be found on http://www.soharportandfreezone.com/en/hse/hse-policy.

Full details of all Dangerous Cargo and Hazardous Cargo must be submitted to the Operator by Users prior to arrival at the Terminal. The Operator has the right to reject or delay access to the Terminal or handling of Dangerous Cargo and Hazardous Cargo. Rules and regulations of IMDG, BC Code, SIPC and/or Omani national legal bodies to apply.

5.3 Change of services

The Operator may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements. The Operator may, from time to time, change the Services provided that such changes do not materially affect the nature or quality of the Services and, where practicable, it will give the User at least one month notice of any change. 

6 Rates and payment

Clause Number	Clause Title
6.1	Rate Schedule
6.2	Invoicing of Services
6.3	Rate Increase - A
6.4	Rate Increase - B
6.5	Weight verification
6.6	Volume measurement
6.7	Gang Idle Time / Detention
6.8	Shore Handling Rates
6.9	Stevedoring Rates
6.10	Payment of Invoices and advance collection of funds
6.11	Failing to Pay
6.12	Misdeclaration
6.13	Value Added Tax

6.1 Rate Schedule

Users shall pay the Rates as set out in the chapters of clause 10. Users must comply with all applicable requirements or obligations contained in clause 10 concerning the provision of Services by the Operator or the User's use of the Terminal.

6.2 Invoicing of Services

The Operator shall invoice the User for all Services after (or before, subject payment terms and Clause 6.10):

a) the Operator has loaded or unloaded all available Cargo from a Vessel; or

b) the Operator has been ordered to stop Cargo operations by the User, Vessel captain or the Government.

c) Operator has stopped Cargo operations for User’s breach of these terms and conditions.

The Operator shall invoice the User storage or demurrage after expiry of Free Storage Time.

6.3 Rate Increase A

The Operator may at its sole discretion review the Rates by a change to this Tariff. The Operator shall give notice of any such change to the Rates by amending these terms and conditions on its website http://www.oman.steinweg.com

6.4 Rate Increase B

The Operator may immediately increase the Rates by giving notice if unforeseen additional costs are imposed on the Operator in performing the Services, including, but not limited to, statutory salary increases for the Operator's employees.

6.5 Weight verification

When the Operator weighs and finds the weight to be more than the weight declared by the User, by either weighbridge or draft survey, then the highest weight will be charged at the applicable Rate.

6.6 Volume measurement

Freight Tons will be normally considered based on the Cargo manifest. However, the Operator may carry out random or full verification of measurement of any Cargo and consider the highest volume for the purpose of calculating the Rates. Measurements shall be made based on extreme measurements. 

Cost involved, in case of misdeclaration, will be charged in accordance to Clause 6.12

6.7 Gang Idle time / detention

Costs arising from obstructed or delayed operations due to matters beyond the control of the Operator will be charged to the User as further described in clause 10.3.4 (Dry Bulk), 10.3.8.7 (Aggregates and Limestone), 10.4.7 to 10.4.10 (non-RoRo) and 10.5.5 (RoRo), regardless the source of such obstruction or delay.

6.8 Shore Handling Rates

For import Cargoes: Rates include all normal Cargo handling as from Vessel’s hook until Delivery on to the consignee’s (or its agent’s) trailer with temporary outdoor storage on the Terminal (storage area, laydown area, etc.)

For export Cargoes: Rates include all normal Cargo handling as from arrival of the Cargo by the shipper’s (or its agent’s) trailer until delivered to Vessel’s hook with temporary outdoor storage on the Terminal (storage area, laydown area, etc.)

“Hooking on and hooking off are considered to be part of and included in Stevedoring”

The Rates for storage of Cargo on the Terminal are not included in these Rates.

The Operator reserves the right to charge separately/additionally for

• Cargo requiring multi-handling to receive in ‘Dedicated storage area’
• Cargoes which require special handling exceeding standard Cargo handlings;
• All Services provided extra

6.9 Stevedoring Rates

Irrespective of the terms of shipment, payment of stevedoring and related service charges will be the responsibility of the Vessel and/or his Agent, (exceptions are considerable for Dry Bulk as specified in Clause 10.3.3 or in the event Vessel and/or his Agent have sought and received prior written approval from Operator’s commercial department to deviate from the same. 

To qualify for the Transshipment Cargo Rates the Cargo must be discharged by the first Vessel onto the Terminal and remain in the custody of the Operator until it is transshipped on board the on-carrying Vessel at the Terminal.

6.10 Payment of invoices and advance collection of funds

The Operator may at its sole discretion, estimate and collect in advance all expected cost which may accrue against Cargo operations. Use of the Terminal, and/or permission to sail, and/or release of Cargo may be denied until such advance charges have been paid. The User shall pay each invoice submitted to it by the Operator, in full and in cleared funds, prior arrival of inbound or outbound Cargo and prior the start of the physical handling operation, or within 7 days after invoice receipt to a bank account nominated in writing by the Operator, whatever earliest. Payments may also be made at the administrative office of the Operator.

6.11 Failing to pay

Without prejudice to any other right or remedy that it may have, if the User fails to pay the Operator on the due date, the Operator may:

• Charge interest on such sum from the due date for payment at the monthly rate of 1.5%, accruing
• on a daily basis and being compounded quarterly until payment is made; and/or
• Suspend all Services until payment has been made in full; and/or
• Suspend receiving or delivering Cargo and the use of the Terminal; and/or.
• Place a lien on the Users’ Cargo.

Vessels which are awaiting commencement of handling operations or which cannot sail due to absence of payment will be considered as unworkable Vessel.

6.12 Misdeclaration

In case of misdeclaration as per clause 6.5 (weight verification) and clause 6.6 (volume measurement) the Operator will charge all additional costs to the Party responsible for such misdeclaration (the declaring party) or if such Party cannot be identified to any other User who is connected to the Cargo.

Such charges, include but are not limited to Vessel related activity;

a) Labor and equipment charges;

b) Extra Freight Tons for Weighment charges;

c) Extra Freight Tons for Shore handling and Stevedoring related charges;

d) Extra Freight Tons for other Services been provided

Such charges will be for account of

• The Vessel or its Agent for imports and transshipments;
• The Vessel or its Agent if an export booking has been entered into by the Vessel or its Agent;
• The Shipper or its agent if an export booking has been entered into by the Shipper or its agent;
• For non-Vessel related Services, the Operator reserves the right in case of misdeclaration to charge the

User having requested for the Services for extra Tons and verification/measurement cost involved.

6.13 Value Added Tax

All Rates set out in this Tariff and the Rates set by the Operator for any additional supplies are exclusive of VAT and where any such rate is the consideration for a supply which is subject to VAT, then the consideration is to be increased by the amount of VAT which is chargeable on that supply. In this Tariff, ‘’VAT’’ means ‘’Value added tax or any equivalent tax chargeable in Oman or any equivalent tax or duty which may be imposed in substitution for it or in addition to it at the rate applicable from time to time. 

7. Working hours

The Terminal working hours and overtime policies are as set out in chapter 11.

8. Limitation of liability

8.1 Indemnity (Operator held harmless)

Each User, Vessel owner, operator, charterer or their agents whose Vessel calls at the Terminal and each Owner or agent of Cargo handled thereat as a condition to receiving services at the Terminal hereby agrees to indemnify and hold harmless the Operator, any of its agents, servants or employees (and any other person, firm or corporation engaged by the Operator to furnish labour, materials or equipment relating to the receipt or handling of Cargo or Containers, their Cargoes or Vessels at the Terminal) from and against all losses, claims, demands and suits for damages (including court expenses and counsel fees), for death or personal injury or property damage that may be imposed upon the Operator or any of its agents, servants, employees or contractors by any User, Vessel owner, operator or charterer or such Cargo owner (or their agents or employees) as a consequence of the use of the Terminal or the Operator providing Services at the Terminal.

8.2 The Operator shall not be liable to any User under or in connection with the Services or the User's use of

the Terminal for:

• Loss of profits;
• Loss of sales or business;
• Loss of contracts;
• Loss of or damage to goodwill;
• Any indirect or consequential loss; or
• The weight, volume, moisture levels or quality of the Cargo.

8.3 The Operator's total liability to a User under or in connection with the Services or the User's use of the Terminal shall, in respect of all claims (connected or unconnected) in any consecutive three month period, be limited to the equivalent of the total charges paid by the User to the Operator in that period.

8.4 If the Operator's performance of the Services is prevented or delayed by any act or omission of a User, agents, subcontractors, consultants or employees, then the Operator shall not be liable for any costs, charges or losses sustained or incurred by the User that arise directly or indirectly from such prevention or delay.