Cargo | means any cargo, merchandise or other property whatsoever in respect of which the Service Provider provides the Services to a Client. |
Cargo Handling Services | mean the services of loading, unloading, or handling of Cargo and any associated operations performed or provided by the Service Provider to the Client. |
Charges | mean the charges quoted by the Service Provider for the Services. |
Client | means the person(s), company, firm or organisation for whom Services are performed or provided by the Service Provider |
Force Majeure Event | means any act of God, act of public enemies, war, warlike acts, terrorism, restraint or direction of governments, ruler or peoples of any nation, restraint or direction from an Authority regarding emergency response, riots, strikes, lockouts, insurrections, civil commotion, civil disobedience, floods, fire, restrictions due to quarantines, epidemics, storms or any other causes beyond the reasonable control of the Service Provider. |
Legal Requirements | means, insofar as they may apply to a Client, all international, local or federal laws and conventions and all regulations, orders, codes of practice or delegated or subordinate legislation and any building or health and safety codes of practice so enacted or issued or which are customarily used in the United Arab Emirates made thereunder and the regulations, requirements and bye-laws of the Government of Ras Al Khaimah, the Service Provider, RAK Customs or any other authority. |
Vessel’s Equipment | means the equipment on Vessels (including but not limited to) lighting, cranes, gantries, winches, derricks, runners, tackle and any other Vessel equipment if can be used to provide Services. |
Premises | mean the relevant area at the Port, including the quay or other area within the Port at which the Services will be provided. |
Port | means the port area of Saqr Port, Ras Al Khaimah, UAE |
Services | mean the Cargo Handling Services. |
Service Provider | means Saqr Port, a corporate body by virtue of Emiri Decree 94/4 (as amended) with PO Box 5130, Ras Al Khaimah, UAE. |
Special Conditions | mean any special conditions agreed in writing between the Service Provider and the Client for the provision of the Services. |
Tariff | means the charges for Services as set out in the RAK Ports “Port & Cargo Tariff” as amended from time to time and published by the Service Provider. |
Vessel | means the vessel the Client uses to transport the Cargo, whether owned, chartered, operated or leased by the Client. |
| 3.1. The Client warrants that it has power to enter into the agreement for the Services based on these Terms and Conditions and that it has obtained all necessary approvals to do so either as principal or as agent in which event the Client is fully authorised to legally bind both the Client and its principal and to accept these Terms and Conditions on behalf of itself and of its principal. Unless otherwise expressly agreed in writing with the Service Provider, any Client acting as agent for or on behalf of any other person shall accept joint and several liability with his principal for all charges dues and other sums payable to the Service Provider. |
| 3.2. The Client shall ensure that any agreement, contract or other arrangement made between the Client and (i) the owner or operator of any Vessel, road or rail vehicle, (iii) the supplier of any transportation services, (iv) the owner of (or person or persons interested in) any Cargo, or (v) any other sub-contractor or agent of the Client in connection with which or to whom Services are performed or provided by the Service Provider contains identical terms, conditions and limitations of liability as are expressed herein, for the benefit of the Client both on its own behalf and as agent for the Service Provider. Where any Client fails to comply with this provision, the Client shall indemnify the Service Provider against all proceedings, claims and expenses (including legal costs on a full indemnity basis) arising out of or pursuant to such failure to comply. |
| 3.3. The Client agrees to comply and procure that its officers, employees, agents, subcontractors and any other persons who are involved in transactions relating to this agreement shall comply, at all times, with all Legal Requirements, rules, regulations, codes of practice, guidance and statutory requirements that from time to time come into force including, without limitation, those relating to anti-corruption or bribery and all economic sanctions and export control laws. |
| 3.4. The Client is deemed to warrant that the Cargo is stored in compliance with all relevant Legal Requirements or official and recognised standards and in a fit and proper condition for the Service Provider to supply the Services; |
| 4.1. Subject to these Terms and Conditions, the Service Provider will provide supervision, labour, plant and equipment, as available, to provide the Services for the duration as agreed between the Service Provider and the Client. Notwithstanding the time agreed for the commencement of Services, the Cargo Handling Services will commence once the Vessel is berthed safely at the Premises and all Legal Requirements have been complied with. |
| 4.2. The Service Provider will perform or provide the Services as the Service Provider in its reasonable discretion considers appropriate and expedient for each Vessel or for the particular Cargo, unless instructed to the contrary in writing by the Client. |
| 4.3. The Service Provider will use such plant and equipment as it considers suitable for the type of Cargo and/or Vessel being handled. |
| 4.4. Without prejudice to the generality of the foregoing, where it becomes exceptionally difficult to provide the Services due to unsoundness of the Cargo, damage to the Cargo or the Vessel or other matter creating exceptionally difficult working conditions (including but not limited to adverse weather conditions) then the Service Provider may in its absolute discretion elect whether to perform or provide or continue to perform or provide the Services. If it should so elect and inform the Client, then the Service Provider will not be liable for any loss or damage whatsoever howsoever caused (including where caused by the negligence of the Service Provider, its employees, agents or independent contractors) to the Cargo or the Vessel including any claim for loss of use or loss of a particular market and the Client shall indemnify the Service Provider against all proceedings claims and expenses arising out of or consequent on any such election by the Service Provider including all proceedings claims and expenses relating to the handling of Cargo on the quay. The Service Provider by reason of its specialised knowledge shall be the sole arbiter as to whether (i) a cargo is exceptionally difficult to work, or (ii) the prevailing weather conditions permit the Services to be provided. 4.5. The Service Provider shall immediately notify the Client of any property damage or of any illness, injury or death of any person which occurs during its operations and shall cooperate fully with the Client in developing full and complete information about the facts and circumstances of the occurrence and the nature and extent of the resulting damages or injuries. |
| 4.5. The Service Provider shall immediately notify the Client of any property damage or of any illness, injury or death of any person which occurs during its operations and shall cooperate fully with the Client in developing full and complete information about the facts and circumstances of the occurrence and the nature and extent of the resulting damages or injuries. |
| 4.6. All times agreed for the performance or provisions of the Services are approximately only (notwithstanding any representation made by any employee or agent of the Service Provider) and the Service Provider will have no liability for its failure to meet any such times. |
| 6.1. The Client shall be responsible for and shall indemnify the Service Provider against all injury, loss or damage however and whenever caused and against all claims whatsoever made against the Service Provider for which they may be or become liable in respect of death or injury to persons or loss of or damage to property or delay arising out of, caused or contributed to by a failure to comply with the conditions, directions and regulations referred to in the Terms and Conditions. |
| 6.2. No Cargo of a dangerous, hazardous, poisonous, tainted, infested or contaminated nature or other dangerous substances as enumerated in the International Maritime Dangerous Cargo will be handled by the Service Provider except with the consent of the Service Provider and in accordance with statutory and the Service Provider’s directions and regulations governing the handling of such Cargo. |
| 6.3. All extra costs charges and expenses incurred by the Service Provider in handling Cargo of a dangerous, hazardous, poisonous, tainted, infested or contaminated nature or other Dangerous Substances shall be repaid by the Client. |
| 10.1. The Service Provider will not be liable under these Terms and Conditions for any loss or damage to any Vessel, Vessel’s Equipment, any Cargo, or other property of the Client unless such loss or damage is caused by the negligence of the Service Provider, its employees, agents or representatives and such loss or damage exceeds [AED 100,000] per occurrence. Further, the Service Provider will not be liable and takes no responsibility for damage to Vessel fixtures & fittings, ladders, hatch combings etc., if damaged during Cargo Handling Services, more specifically if they are covered by the Cargoes and the Client or the Vessel has not informed the Service Provider in advance of such obstacles. |
| 10.2. For the avoidance of all doubt, in no case shall any liability of the Service Provider howsoever arising and notwithstanding that the circumstances or cause of loss or damage may be unexplained:
a) in respect to Cargo, exceed the value of the Cargo or a sum at the rate of [AED 2] per tonne weight of that proportion of the Cargo in respect of which a claim may arise, whichever shall be the lesser;
b) in respect to any Vessel or Vessel’s Equipment or to other property of the Client exceed AED 1,000,000 per occurrence.
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| 10.3. Without prejudice to the generality of the foregoing provisions, the Service Provider will not in any event be under any liability for delay or consequential or pecuniary loss or loss of market, howsoever caused or for any loss, damage or expense arising from or in any way connected with the marks, weights, quality or description of any Cargo howsoever caused. |
| 10.4. Subject to Clause 10.1, the Service Provider shall be freed and discharged from all liability in respect of any loss or damage to any Vessel or Vessel’s Equipment or any other similar matter or thing unless:
a) notification of a claim in respect of such loss or damage is made in writing to the Service Provider prior to the Vessel’s departure from the Port and the Client ensures the Service Provider and its contractors are granted full access to the Vessel to survey all such loss or damage prior to Departure; and
b) proceedings are brought within twelve months of the said occurrence. |
| 10.5. In the case of latent loss or damage to Cargo, the Service Provider shall be discharged from all liability unless notice of such loss or damage and the particular nature thereof has been given to the Service Provider immediately after the Client has been notified of or becomes aware of or should reasonably have become aware of such loss or damage but in any event not later than 30 days after the loading or discharging of the Cargo by the Service Provider or 14 days after delivery of the Cargo to final consignee whichever shall be the earlier. |
| 10.6. Notwithstanding the above, the Service Provider shall in addition have the right in any circumstances to rely on any relevant statutory provisions providing for limitation or exclusion of liability. |
| 10.7. The employees, independent contractors and agents of the Service Provider shall be entitled to the benefit of all provisions herein which exclude or restrict liability of any kind. The Service Provider, in undertaking the Services, does so on its own behalf and as agent for all its employees and agents. |
| 10.8. For the purposes of this Clause, the value of the Cargo shall be taken to be the market price of Cargo of the same kind and quality immediately before the deficiency, loss, damage, misdelivery or delay arose or took place. |
| 15.1. Neither the Client nor the Service Provider shall disclose any information to third parties about the Client or the Service Provider’s activities, including but not limited to customer lists, manifests, commodity details, zero damage reports and other confidential data, concerning the Client’s or the Service Provider’s business, excluding cargo details required for fee calculation, and shall not use such information competitively against the Client or Service Provider as the case may be |
| 15.2. Either the Service Provider or the Client may disclose the other party’s confidential information:
a) to those of its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out that party’s obligations under these Terms and Conditions. The Service Provider and the Client shall ensure that its employees, officers, representatives or advisers to whom it discloses such information comply with this Clause 15; or
b) as may be required by Legal Requirements. |
| 15.3. Neither the Service Provider nor the Client shall use any of the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions. |
| 16.1. Any notice given under these terms shall be in writing in the English language and shall be delivered by an internationally recognised courier addressed to the CEO of the relevant Party as follows:
Client’s Address: Such address as declared in writing by The Customer for this purpose; and/or, such address from which the Customer’s business is known to be usually conducted (whether global, regional, or local headquarters); and/or such return address from where previous Customer’s correspondence has originated; and/or, the address of their known local agents
Service Provider’s Address: RAK Ports, C/O Saqr Port, PO BOX 5130, Ras Al Khaimah, United Arab Emirates. |
| 16.2 Notices given under this Contract shall be deemed to have been received on the next day after delivery by courier for which a receipt is obtained. |
| 16.3 Notwithstanding Clause 16.1, if the whereabouts of the Client are unknown or if service of a notice cannot be effected in accordance with Clause 16.1 notwithstanding reasonable efforts, pasting the notice at a reasonably conspicuous place in the Port shall be sufficient and proper service of the notice or communication. |
