|Standard Trading Terms|
SAIGON PREMIER CONTAINER TERMINAL
“Terminal” means the SPCT and any land thereon or adjacent thereto leased or otherwise occupied by SPCT for the purposes of the Services.
“Customer” means any person to whom or on behalf of whom SPCT provides any service whatsoever and any person using or entering upon the Terminal or using the Services or facilities thereof.
“Goods” means any cargo of whatever nature.
Value Added Tax. In the present tariff, all prices are expressed exclusive of VAT. VAT will be applied on the mentioned prices when applicable and at the applicable rate.
The terms “Container” or “Containerized” when used in this Tariff refer to the standard ISO Containers (20/40/45/etc…), suitable for stacking and transportation of dry, liquid gas or refrigerated Cargo, constructed of metal, fiberglass, plastic or wood, which confines its contents and must be capable of being handled as a unit and lifted by a crane with a Container spreader.
A calendar day
8. ENVIRONMENTAL LAWS
All Vietnamese or DP World laws, rules, regulations, statutes, ordinances, permits or orders, and any judicial or administrative interpretations thereof, relating to the prevention, control, or management of pollution, the protection of the environment, including but not limited to, air, water, groundwater, land, soil, sediments, humans, animals, and vegetation, solid, gaseous or liquid waste generation, handling, treatment, storage, disposal, discharge, release, emission or transportation, or regulation of or exposure to Hazardous Materials and/or petroleum products.
9. HAZARDOUS MATERIAL(S)
Any substance or material that is listed, defined or otherwise designated as a “hazardous substance” under the DP World Health & Safety Code including IMDG; any chemical or COC; any hydrocarbons, petroleum, petroleum products or waste; any metabolite or chemical breakdown product or derivative or component part of substances identified above; and any other chemical, substance or waste, that is regulated by, or may form the basis of liability under, any Local Environmental Laws.
Saigon Premier Container Terminal (SPCT).
11. TERMINAL FACILITIES
Any wharves, docks, piers, sea channels, sheds, warehouses, land, structures, pipelines and extensions thereof and appurtenances there to, equipment and appliances of all kinds situated within the jurisdiction of and/or owned, operated or leased by the Operator, included within SPCT.
12.1. Any person or entity using the Terminal Facilities or to whom or from whom any service, work or Labor is furnished, performed, done or made available by the Operator or any other person using the Terminal Facilities.
12.2. Any person or entity owning or having custody of Container/Cargo moving in, over or through the Terminal Facilities.
12.3. All Vessels and their owners, operators, crew and agents
12.4. Any other person, firm or corporation that conducts business at the Terminal Facilities.
Except as otherwise specified, when the term “Vessel” is used in this Tariff, it shall be held to mean floating craft of every description and shall include in its meaning the term “Owners, Charterers, Operators and Mortgagees thereof”.
Any and all services conducted within the Terminal Facilities.
The physical handling of container/cargo onboard of the Vessel from or to the Vessel’s hook or point of discharge or load. This includes supervision and management. Irrespective of the terms of shipment, payment of stevedoring and related service charges will be the responsibility of the shipping line and/or his agent.
16. FREE TIME
The specified period during which Cargo or Containers handled over the quay may occupy space assigned to it in the Terminal Facility, free of storage charges, either prior to the loading or subsequent to the discharge of such Cargo or Containers, and shall include:
a) Import and Transshipment Container free period will commence from the date of discharge from the vessel.
If loss or damages arise to cargo resulting from negligence or willful misconduct or act or omission of the operator, the storage charges waiver will commence from the formal claim day until the survey and or inspection completion date, except the act or omission of the User.
b) Export Container free period will start from the date of receipt. Export and Transshipment Container storage charges will be raised to the Shipping line or Agent of the loading Vessel.
17. TERMINAL HANDLING CHARGES (THC)
Terminal Handling Charges are charges assessed for delivering or receiving a container within the Terminal.
18. INLAND CONTAINER DEPOT (ICD)
Inland Container Depot is a common user facility equipped with fixed installations and offering services for handling and temporary storage of import/transit/export laden and empty containers carried under customs control.
19. OUT OF GAUGE (OOG)
Out of Gauge is said of container when the cargo is too large to fit inside of a standard container (i.e. open top/flat rack/etc…).
“Transshipment Container” means goods landed from a Vessel and placed in the custody of the Operator for the purpose of shipment onto another Vessel.
To qualify for the transshipment container rates the container must be discharged from a vessel onto the Operator’s terminal and remain in the custody of the Operator until it is reloaded onto an on-carrying vessel at the Operator’s terminal.
Public auction is managed by related Vietnam Authorities with presence of SPCT, shipping line and other related parties and all rules and regulations related to the auction process are available at Vietnam.
22. DIRECT DELIVERY
The Operator reserves the right to request cargo to be discharged or loaded on a Direct Delivery basis.
a) A Ship shall be deemed to have entered the Terminal when it berths at the Terminal. A Ship shall be deemed to have left the Terminal when its mooring lines are removed from the Terminal’s berth.
b) Goods and Equipment shall be deemed to have been delivered to the Terminal in the following circumstances:-
i) In the case of Goods and Equipment delivered by Ships, once the Goods and Equipment have left the Ship’s tackle or have left the Ship having been lifted from the Ship by SPCT’s tackle;
ii) In the case of Goods and Equipment delivered by means other than Ships, once the Goods and Equipment enter the Terminal.
c) Goods and Equipment shall be deemed to have been delivered to the Customer:-
i) In the case of Goods and Equipment to be delivered to a Ship, once the Goods and Equipment have been lifted by the Ship’s tackle from the Terminal or once SPCT’s tackle has placed the Goods and Equipment on to the Ship and come clear of the Goods and Equipment;
ii) In the case of Goods and Equipment to be delivered to a road or rail conveyance, once the Goods and Equipment have been placed upon the road or rail conveyance.
d) Without prejudice to the Conditions herein, SPCT reserves the right but is under no obligation to:
i) Remove Goods and Equipment immediately in the case of a hazard or danger to life, the environment or other property or other emergency and to dispose of such Goods and Equipment without notice;
ii) Open containers, inspect Goods or refuse to handle, move or otherwise deal with Goods or Equipment which in SPCT’s opinion appear to be or may become dangerous or hazardous to life, the environment or other property.
e) The Customer undertakes that it has complied with all relevant local, national and international legislation and regulations relating to the carriage, handling and movement of the Goods and SPCT accepts no responsibility whatsoever for the failure of the Customer to comply with such local, national or international legislation or regulations or the consequences of such failure. The Customer hereby agrees to indemnify and hold SPCT harmless from and against any failure to comply with any such legislation and regulations or the consequences of such failure.
Unless otherwise specified in writing to the Terminal Manager before the Goods or Equipment are delivered to the Terminal, the Customer warrants that any Goods, Equipment or Ship which it delivers, directs to or causes to be upon the Terminal:
i) are not dangerous to health, property or the environment or otherwise hazardous, poisonous or flammable or liable to become so in the form in which they are delivered and/or in which they are to remain while on the Terminal;
ii) are not toxic or liable to give off any injurious dust, gas, fumes, liquid or radiation;
iii) are not infested, verminous, rotten or subject to fungal attack and not liable to become so while on the Terminal;
iv) are not over-heated or under-heated or liable to become so while on the Terminal;
v) will not contaminate or cause danger, injury, pollution or damage to any person or any other Goods or Equipment or Ship or the Terminal or the environment adjacent thereto or generally;
vi) require for their safekeeping no special protection (other than as may be agreed in writing between SPCT and the Customer) arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other Goods or from inflammability but will remain safe if left standing in the open or on the Terminal or in covered accommodation if agreed in writing with SPCT;
vii) contain no unauthorised controlled drugs, contraband, pornographic or other illegal matter;
viii) are properly and sufficiently packed in accordance with all Government and Local Government Regulations, Laws and Bylaws from time to time applicable and the Codes of Conduct, practice directions and regulations of the International Maritime Organisation;
ix) are properly and sufficiently marked, accurately documented and labelled for all shipping, cargo handling, despatch, customs and like purposes;
x) are properly marked with any warning as to the hazardous nature of any contents and the precautions to be taken in handling the same and (in the event of the escape of anything injurious there from) as may be necessary to ensure the safety and health of all persons likely to handle or come into contact with the Goods, Equipment or Ship;
xi) are fit for their intended purpose and in a fit and proper condition to be handled or otherwise dealt with by SPCT, its Equipment and employees;
f) The Customer warrants that it will immediately inform the Terminal Manager of any occurrence or incident which might affect the safe and efficient operation of SPCT or other persons using the Terminal and take, at its own cost, such reasonable steps to control or eliminate any danger or inconvenience as may be required by SPCT. Without prejudice to the foregoing, the Customer shall indemnify and hold SPCT harmless from and against any costs, fines, claims, indemnities or other losses of whatever nature arising from such occurrence or incident unless the occurrence or incident has been caused by the negligence of SPCT.
The SPCT is managed and administered by DP WORLD.
The Operator has jurisdiction over all of the areas set out in the Terminal Facilities.
The Operator has the sole right to operate and manage the Terminal Facilities.
3. APPLICATION AND INTERPRETATION OF TARIFF
Tariff rules and regulations are issued by the Operator and regularly updated. The validity date is identified at the bottom of each page of the document.
These rates, rules and regulations shall apply equally to all users of the Terminal Facilities (and to any individual, person, firm or corporation engaged in and/or responsible for the handling of a vessel and/or the movement of its container, including but not limited to vessel and/or container Agents, Charters, Brokers, Freight Forwarders and Shippers or consignees) and shall apply to all traffic at the Terminal Facilities.
4. CONSENT TO TERMS OF TARIFF
The use of the Terminal Facilities shall constitute a consent to the terms and conditions of this tariff, and evidence of agreement on the part of all vessels, their Owners, Operators, Charterers, Mortgagees or Agents, the container Owners and Agents (Shippers or Consignees) and other users of the Terminal Facilities, to pay all charges specified, and to be governed by all rules and regulations appertaining to the Terminal Facilities.
5. TERMINAL’S MANAGEMENT HELD HARMLESS
Each vessel Owner, Operator, Charterer or their Agents whose vessel calls at the Terminal and each Owner or Agents of containers handled thereat as a condition to receiving services at the Terminal hereby agrees to indemnify and hold harmless the Management of the Operator, any of its agents, servants or employees (and any other person, firm or corporation engaged by the Management of the Operator to furnish labour, materials or equipment relating to the receipt or handling of unit loads or containers, their cargoes or vessels at the Terminal) from and against all losses, claims, demands and suits for damages ( including court costs and counsel fees), for death or personal injury or property damage that may be imposed upon the Management of the Operator or any of its agents, servants, employees or contractors by any vessel Owner Operator or Charterer or such cargo Owner (or their agents or employees) as a consequence of services received at the Terminal.
6. RESPONSIBILITY FOR DAMAGE TO FACILITIES
All users of the Terminal Facilities, or their agents, shall be responsible for any damages resulting from their use of berths or any of the Terminal Facilities and the Operator reserves the right to repair, or otherwise cause to be repaired, any and all such damages at the expense of such users.
7. EXONERATION FROM LIABILITY
a) SPCT shall not be liable for any loss, damage, delay, error or omission whatsoever arising directly or indirectly from the following:-
i) Act of God including, but not limited to, storm, tempest, flood or lightening strike;
ii) War or hostile military action, rebellion, riot or civil commotion;
iii) Orders of any government, governmental or quasi governmental body, public, regulatory or local authority or body;
iv) Strike, lock-out or other industrial action;
v) Lack of or defective condition of packaging;
vi) Any act or omission of the Customer, consignor, consignee or other person interested in the Goods, Equipment or Ship or any person acting on behalf of any of them including their respective employees, agents and contractors;
vii) Any act, matter, event or circumstance occurring prior to the Goods or Equipment or Ship being delivered to the Terminal or subsequent to the Goods or Equipment or Ship leaving the Terminal;
viii) The nature of the Goods and/or Equipment and/or Ship exposing them to total or partial loss or damage due to breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration;
ix) Insufficiency or inadequacy of marks or numbers on the Goods and/or Equipment and/or Ship or the packaging of the Goods or Equipment;
x) Shortage of berthing space, labour, plant deficiency, fuel or power or insufficient depth of water at any berth or the approaches thereto;
xi) Any other cause or event which SPCT is unable to avoid and the consequences of which SPCT is unable to prevent by the exercise of reasonable care.
b) The Customer shall indemnify SPCT against and hold SPCT harmless from all and any claims, damage, losses and expenses arising from the following, except to the extent that they are due to the negligence of SPCT:-
i) The act, omission or instructions of the Customer, consignee, consignor or owner or other persons interested in the Goods and/or Equipment and/or Ship;
ii) The nature and/or defective condition of the Goods and/or Equipment and/or Ship;
iii) Any breach of any warranty or obligation given or owed by the Customer to SPCT in these conditions or elsewhere;
iv) All duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority and/or any expenses incurred in complying with the requirements of any authority in relation to the Goods and/or Equipment and/or Ship;
8. TARIFF REVIEW
The Operator reserves the right to alter, change, or amend from time to time any or all charges, terms, conditions or interpretations contained in this document with or without prior notice.
9. ACCESS TO RECORDS
The Management reserves the right of access to all cargo manifests, documents and other information relating to vessels or cargo for the purpose of audit and verification of reports filed and assessment of charges. Any such information so acquired shall be kept confidential.
Charges published in this tariff do not include any expense for insurance covering the cargo, containers, vessels or other equipment, staff/workers employed and hired by the user. It is the Terminal Facilities users’ responsibility to provide such insurance coverage.
All rates are stated in Vietnamese Dong (VND) and US Dollar (USD)
12. BERTH WINDOW PROCEDURE
Users can obtain a fixed berthing window. All information can be obtained from the Operator.
Vessels without a fixed berthing window will be berthed at the Operator’s discretion.
13. PAYMENTS IN ADVANCE
The Operator may at its sole discretion estimate and collect in advance all charges which may accrue against Container or Vessels. Use of the Terminal Facilities, or permission to sail, may be denied until such advance charges have been paid.
14. PAYMENT OF INVOICES
14.1. Cash Payment
Unless otherwise agreed, all invoices as issued are due on presentation. Failure to pay may cause a lien to be placed on vessels or on the goods handled at the Terminal and the responsible party may be denied further use of the Terminal Facilities until all outstanding charges have been paid.
Failure to pay the outstanding invoice with 30 days, a penalty charge of 17 % will be levied on the invoiced amount.
14.2. Credit Facility Payment
Eligibility of the credit facility payment depends on the work and volume that clients have with SPCT. Once a client is eligible, he needs to complete the following terms and conditions:
• Give a deposit payment to the Finance Department
• Settle the payable invoice every seven (7) days
For more information, please contact SPCT’s Chief Financial Officer (Level 3, SPCT building, Lot C-17, Road 14, Hiep Phuoc IP, Nha Be District, Hochiminh City )
15. OPERATOR WORKING HOURS
Terminal Administration working hours are from 08.00 to 17:00 hours, Monday to Friday, excluding public holidays and Fridays.
15.2. GATE AND OPERATIONS WORKING HOURS
Operations are available 24 hours a day, throughout the year.
15.3. INVOICING AND DOCUMENTATION OFFICE
Subject to change, the invoicing and documentation office working hours are from 08.00 to 17:00 hours, Monday to Friday.
16. SECURITY AND SAFETY
Terminal Facilities users are required to conform to all of the current safety rules and regulations issued by the Operator or any Local Authority. All Terminal Facilities users are expected to wear their Personal Protective Equipment (PPE). Failure to do so may cause access to be denied.
17. NOTICES BEFORE VESSEL ARRIVAL
Each Vessel Owner, Operator or Charterer expecting to dock a Vessel at the Terminal Facilities for the purpose of loading or discharging Container or Cargo shall give the Terminal Operator 48 hours prior notice of the arrival of such Vessel and furnish such information as the Terminal Operator may require . Reconfirmation of the Vessel’s arrival shall be made by the Vessel’s Agent 24 hours prior to arrival.
For long term planning, a list of next month’s vessels forecast must be sent to the Operator every 15 days.
17.1 MARINE NOTICES AND CHARGES
Marine operations are ensured by the Hochiminh City Port Authority. Rules, regulations and rates are as per the Hochiminh City Port Authority’s rules, regulations and tariff.
The following documents should be submitted to the Terminal Operator electronically at least 24 hours prior to the Vessel’s arrival. Vessel arriving from neighbouring ports (less than 24 sailing hours) shall submit those documents 12 hours prior to the vessel’s arrival. Failure to do so may result in the withholding of Vessel’s clearance to sail from the Terminal Facility until such time as they are made available. Late submission of each EDI file will be charged per document.
17.2.1. Discharging Vessels
- Bay plan in EDI in U.N. standard format.
- Discharge list with all relevant details.
- IMDG Declarations and Material Safety Data Sheet.
- Containers manifests with all relevant details.
- Discharging recap by category.
17.2.2. Loading Vessels
- Bay plan in EDI in U.N. standard format.
- Discharge list with all relevant details.
- IMDG Declarations and Material Safety Data Sheet.
- Containers manifests with all relevant details.
- Empty requirement by line operator/type/size
Note: For categories 17.2.1. & 17.2.2., in the absence of any hazardous or dangerous Cargo, a ‘NIL’ hazardous & dangerous Cargo declaration must be made.
18. VACATING OF BERTH
The Operator reserves the right to require a vessel to vacate its allocated berth.
19. DANGEROUS, HAZARDOUS OR OBNOXIOUS CARGO
The handling of such goods will be governed by the laws of Vietnam, Operator’s rules and regulations and the International Maritime Dangerous Goods Code published by the International Maritime organisation (IMO) as listed below:
1 – Explosives
2 – Gases: compressed/liquefied/dissolved under pressure
3 – Flammable liquids
4 – Flammable solids/substances liable to spontaneous combustion
5 – Oxidizing substances and organic peroxide
6 – Poisonous and infectious substances
7 – Radioactive substances
8 – Corrosives
9 – Miscellaneous dangerous substances
The Operator reserves the right to refuse or to handle any container or provide storage which in its judgment is likely to damage human health, other cargo or property. The Operator may require specific cargoes to be loaded by the exporter or collected by the importer on a Direct Loading/Delivery basis. The Operator will inform the cargo owner 48 hours prior container receipt in the yard.
19.1 Class 1 transshipment container should be declared and approved by local Authority in order to be stored within the container terminal. Class 1 Import container should be on direct delivery.
19.2 Class 7 container is not accepted in Operator Terminal (unless otherwise instructed by the appropriate Authority).
19.3 Class 6.1 and 8 not cleared for delivery within eight (8) days, shall be notified in writing by the Operator to the User in order to agree on an evacuation solution. If a party does not reach an agreement within 48 hours after receipt, User will arrange suitable alternative arrangements to store the container at their own expenses.
Items 19.1, 19.2 and 19.3 can be subject to change if the local Authority decided to change the regulation.
20. DISPOSAL OF UNCOLLECTED CARGO / SALE BY PUBLIC AUCTION
The Operator reserves the right to dispose of cargo remaining in the Terminal Facilities after discharged of the vessel or received on the Terminal for export, for a period of more than:
20.1. One (1) Month for refrigerated containerised cargo,
20.2. Six (6) Months for all other cargo
Cargoes remaining on the Terminal longer than the period identified above may be auctioned even if the Terminal charges have been paid, if not collected or loaded within 48 hours prior to the auction date. Cargos subject to auction are transit cargos only.
Public auction is organized & managed by and related Vietnamese Authorities with the presence of SPCT, shipping lines and other related parties, and all rules, procedures and regulations related to the auction process are under Vietnam’s jurisdiction.
21. REMOVAL OF OBJECTIONABLE CARGO
The Operator reserves the right to move to another location and/or inspect any Cargo or Container, which in its judgment is likely to damage other Cargo or property, at the risk and expense of the Owner or Agent of the container or Vessel. The operator will notify Owner or Agent prior to removal
22. CLAIM AND COMPLAINTS
Complaints and claim user’s requests shall be considered if only submitted in writing (by email, fax, and post mail) to the Operator within a maximum period of 30 day of the occurrence.
a) Any claim made against SPCT shall be made in writing to SPCT within the following periods:-
i) In the event of damage or partial loss to any Goods, Equipment or Ship, within 7 days of such Goods, Equipment or Ship leaving the Terminal;
ii) In the event of total loss to any Goods, Equipment or Ship within 7 days of the date upon which the Customer ought reasonably to have discovered the loss;
iii) In all other cases, within 14 days of leaving the Terminal. Failure to make a claim within the above periods shall cause the claim to be absolutely barred unless the Customer can demonstrate that it was not possible to make the claim within the above periods but that the claim was made in writing to SPCT as soon as reasonably practicable.
b) SPCT shall, in any event, be discharged from all liability whatsoever, howsoever arising unless suit is brought and written details thereof served on SPCT within 12 months of the date when the event giving rise to the cause of action occurred.
The decision to declare a state of emergency in the Terminal due to a Force Majeure shall be within the sole discretion of the Operator.
If the Operator declares the state of emergency and that the emergency concerns the affected property, then storage charges could be waived by the sole discretion of the Operator only for the strict period of the emergency.
Force majeure is an event or circumstance which is directly caused by or results from an event outside the control of the Operator, could not be avoided, prevented or overcome with reasonable foresight, and materially prevents, hinders or delays performance of all or a material part of the Operator’s obligation, such as but not limited to acts of God, strike, war, landslides, earthquakes and tsunamis….
24. VALUABLE AND SPECIAL CARGO
If the concerned user receiving the operator delivers or authorizes the delivery of valuable and /or special cargo to the operator and that such cargo requires a specified and appropriate security or special handling, this user must notify the operator expressly of the cargo’s valuable or special nature in advance of 5 days. The Operator and the concerned user should both enter into an agreement to define the liabilities limit and safety/ security measures.
In default of which the Operator shall have no responsibility whatsoever in the event of loss or damage to the cargo, howsoever caused.