Published Tariff
Effective since 1 April 2019 and subject to change.
Customers with an enquiry on this Tariff or another commercial request are invited to approach
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/)
Note on Procedures, Contact Information and guidance to Users:
The Operator has on its Website made available a customer guidance document which provides details on procedures, contact information and the like. This information can be found on:Customer Guidance: https://oman.steinweg.com/en/customer-guidance/
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.
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) |
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 |
** 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) |
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:
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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 re