Detention of a Vessel

47 9.0 RULES FOR SERVICES OR MISCELLANEOUS CHARGES 47 9.1 Water services 47 9.1.1 Water served with hoses 47 9.1.2 Water in drums 48 9.2 Electricity 48 9.3 Cranes and Specialized Equipment 48 9.4 Collection of Overtime 49 9.5 Cleaning of Facilities 49 9.5.1 Cleaning by the PRPA Facilities' User 49 9.5.2 Cleaning by PRPA 49 9.6 Waste Disposal 49 10.0 LAND RENTALS AND LEASES 50 10.1 Preferential and Exclusive Use of Storage Areas 50 10.2 Land lease 50 10.3 Rental Agreement Reviews 50 11.0 SURCHARGE AND EXCLUSIVE USE OF LAND LEASE 51 11.1 Applicable Surcharge for the Use of PRPA Facilities 51 11.2 Applicable Rent for the Use of Land Adjacent to the Maritime Zone With the Intention to Move Maritime Cargo 51 vi 11.3 Applicable Rent for the Use of Land Adjacent to the Maritime Zone With Intention Other than Moving Maritime Cargo 51 12.0 FREE TIME AND DEMURRAGE 52 12.1 Free Time General Conditions 52 12.1.1 Free Time for Incoming Cargo 52 12.1.2 Free Time for Outgoing Cargo 52 12.1.3 Free Time for Cargo when Shifting Piers 52 12.1.4 Free Time Dissolution 52 12.1.5 Free Time Extension 53 12.1.6 Measurement Basis to Assess Demurrage 53 12.2 General Conditions Applicable to Cargo in Transit 53 12.2.1 PRPA Right to relocate Cargo in Transit after Free Time 53 12.3 Cargo Damaged or Abandoned 54 12.3.1 First Instance Responsibility 54 12.3.2 Demurrages Guarantee 54 12.3.3 Removal of Abandoned Cargo by PRPA 54 12.4 Demurrage on Cargo to Bonded Warehouse 55 12.4.1 Liability on Demurrages on Cargo to General Order Warehouse 55 12.4.2 Payment prior Cargo Dispatching 55 12.4.3 Public Warehouse Responsibility 55 12.5 Free Time Qualifications and Demurrage 55 12.5.1 Exceptions 56 12.5.1.1 Vessels with High Quantity Commodity Shipments 56 12.5.1.2 Non-containerized Cargo, Loose Cargo and Vehicles for Transshipment 56 12.5.1.3 Containerized Cargo or Motor Vehicles in Containers for Transshipment 56 12.5.1.4 Cargo Subject to Federal & Commonwealth Agencies Clearance Imported 57 12.5.1.5 Foreign Countries Cargo or Vehicles 57 12.5.1.6 Cargo of Federal, Commonwealth and Local Government 57 vii 12.5.1.7 Diplomatic Member's Cargo 57 12..6 Demurrages Charges 57 12.6.1 Cargo (1 to 5 days) 57 12.6.2 Cargo (after 5 days) 58 12.6.3 Vehicles (1 to 5 days) 58 12.6.4 Vehicles (over 5 days) 58 12.6.5 Empty Containers, Flat beds and Chassis 58 13.0 BILLING RULES AND PAYMENT RESPONSIBILITY 59 13.1 Dock and Ship Management Systems 59 13.1.1 Liability on using DSMS 59 13.1.2 Regular Cargo and/or Passenger Maritime Operations 60 13.1.3 Pleasure Crafts or non-Commercial Vessels 60 13.1.4 Non-regular Cargo and/or Passenger Maritime Operations 60 13.1.5 Submission of Billing and Statistics Documents, Charges and Penalties 60 13.2 Responsibility for Payment 63 13.3 Term to File Claims 64 13.4 Credit Privileges for Payments 65 14.0 CRUISE VESSELS 66 14.1 Passengers Vessels - Rates and Fees 66 14.2 Pleasure Crafts - Rates and Fees 66 14.3 Cruise Vessel - Rates and Fees 66 14.4 Cruise Vessels - Allowances or Incentives Programs 67 14.5 Maiden Voyage 67 14.6 Liability for Payment 67 15.0 PROVISIONS 67 16.0 SEPARABILITY 68 17.0 EFFECTIVENESS DEROGATION AND APPROVAL 68 viii 1.0 Definitions For the purpose of this document and its rules and regulations, the following terms shall have the following meanings and the use of the term in singular shall include the plural and vice versa. Words or phrases defined in this Section are identified throughout this document by using capital letters at the beginning of such words or phrases. Some terms that might be defined in this section and have no direct reference in this document, have been added because are part of the common lexis spoke at the PRPA. 1.1 Adjacent Islands - All the islands surrounding Puerto Rico and depending upon its government. 1.2 Agent - Person or company authorized to transact business for and in the name of another person or company. Person or Company authorized to represent the Vessel Owner and/or Captain and/or the Ship Owner and/or Captain at any of the PRPA facilities in which a Maritime Operation is conducted and who is responsible for the accomplishment of the Terms and Conditions of this Tariff, including the payment of Charges assessed as disposed in this Tariff for the use of facilities as port services and docking. 1.3 Barge and Barge Tank - A roomy usually flat bottomed boat primarily used for transporting Cargo and which is usually propelled by towing. 1.4 Bill of Lading - Document issued by a Carrier acknowledging that specified goods have been embarking or disembarking as Cargo from one consignee to other, and which involves the use of at least two different types of transportation (for example: land and sea). The contract of carriage between the shipper and the carrier; it provides a receipt for the goods tendered to the carrier and, in some cases, shows certificate of title. 1.5 Calendar Day - A twenty-four (24) hour period that shall commence at midnight (12.00am) of one day and shall end at the commencement of the next day. 1.6 Cargo - Refers to goods and merchandise or whatever that are loaded and unloaded, transported or conveyed in a vessel regardless its nature (fauna, flora, liquid, solid, gas) and how it is packed or managed for transportation, for example and not limited to Containers, units (as motor vehicles), liquids managed through pipelines or within any kind of vase, dry cargo, loose cargo, merchandise in bulk, plants, animals, among other. Any Cargo is subject to measurement conversion as per established in this Tariff, when applicable, for the imposition of tariffs. 1 1.7 Cargo Container - Shall mean all types of containers used to carry cargo freight in ships, regardless of whether the container is empty, but shall not include un-containerized bulk cargo. 1.8 Cargo Facility Charge - A Charge assessed to any inbound or outbound Cargo for maintenance and development of cargo facilities. 1.9 Cargo Vessels - Any vessel designed for the purposes of carrying Cargo from one port to another. General types of Cargo Vessels are: Dry Cargo Ships, Bulk Carrier, Container Ship, "RoRo" Ship, Tankers, Petroleum Tanker, Chemical Tanker, Trading Vessels, Reefer Ship, Barges, Tugboat, and Dredgers, among any other which primary purposes comply with this definition.