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Home [/] | Contact Us | Russian version LEMA Forwarding Company :: LEMA Service :: Liner Container Service :: LEMA Shipping Agency :: Port Of Mariupol Contacts | Geographical Position | Port Charateristics | Code of Customs Code Of Customs Of The Sea Commercial Port Of Mariupol 1. General Information 2. Main Cargo Forwarding Conditions 3. Gross Loading / Unloading Rates 4. Transshipment Facilities (TF) 5. Time Rates of maneuvering and auxiliary movements for drycargo ships Download Code in MS Word format ANNEX 1 Main Cargo Forwarding Conditions in the Sea Commercial Port of Mariupol 1. GENERALS 1.1. The present Conditions (hereinafter as MFC) determine main legal relations between the Port and the Cargo owners connected with transshipment, storage, warehousing and main cargo forwarding conditions in the limits of the Port's territory and aquatorium. 1.2. The present Conditions do not concern legal relations between the Cargo owners and any third party. No liability for the Port is created with those legal relations. The third party ( including the Forwarder or Agent) is allowed to execute Contracts and MFC on behalf of the Cargo owner. In this case the Cargo owner to be responsible for non-execution or unproper execution of the duties by this third party. 1.3. Checking of quality, quantity, completeness of the cargo in the Port, if such checking is necessary for the Cargo owners, Shipowners or Charterers, shall be done with participation of the independent commission of experts. Special agreements must be concluded between the abovementioned Parties and the experts and the Port must be informed about forthcoming expertise. 1.4. The present Conditions are not applicable to the handling of ships and cargoes by forces and means of clients. In this case the Port shall conclude special Contracts for the handling of those cargoes. 1.5. Handling of the bulk chemical cargo without the Port's warehouses use is effected according to the «Regulations of mineral fertilizers and other bulk cargoes, which are in force now in the Port and according to Section 3 of the present Conditions. 1.6. The Cargo owner shall pay for all performed works and rendered services as per Price Lists, Tariffs and Contracts which are in force now in the Port. 2. THE SCOPE OF APPLICATION 2.1. The present Conditions are applicable to all Port's contracts in spite of nationality of the Carrier's ship, Cargo owner or any other interested person as well as to contracts concluded by Cargo owner ( his Forwarder) or by Liner seagoing Carrier if those contracts related to the Port. 2.2. The present Conditions to be preferred to any customs or rules of corresponding branches, if any differences. 2.3. The problems related to subject of the present Conditions' regulation, which have no direct settlement, to be settled according to generals of Civil Law, Code of Merchant Shipping and other normative documents in force now in Ukraine. 2.4. The present Conditions to be an integral part of any Contract if in this Contract there is the Port's reference to those Conditions. 2.5. The Parties have the right to include alterations and additions in their contracts according to conditions or circumstances while conclusion of those contracts, upon assuming as a basis the present Forwarding Conditions. 3. DELIVERY OF CARGOES 3.1. As a rule, cargoes shall not be delivered and accepted by the Port without the conclusion of the Contract with the Port. 3.2. Cargoes which have a harmful effect on other cargoes or objects, properties, animals and people, environment, or which are exposed to quick decomposition and destruction, as well as perishable cargoes to be delivered to the Port only after the written confirmation (approval) of the Port, if there is the Contract. 3.3. The Port has the right to sell the abovementioned cargoes under the threat of safety to other cargoes, properties, people, animals, environment advising the Cargo owner (or his Representative or Forwarder) accordingly. In case of emergency, the Port has the right to destroy those cargoes to avoid the danger of damages without any preliminary advise and without any compensation. 3.4. The confirmation made by the Cargo owner in respect of cargoes, which, as a rule, to be loaded according to the direct variant, to be effected according to Cargo owner's information about the time of the ship's arrival. The same procedure to be effected by foreign Charterers for foreign ships. 3.5. Cargoes delivered without the Ports confirmation (recall) and exceeding the agreed volumes, shall not be accepted by the Port. 3.6. In case of delivery of cargoes, mentioned in items 3.2. and 3.5. of the present section, the Cargo owner to be responsible for any consequences due to this delivery, even if no negligence or unproper treatment was effected by the Cargo owner. 3.7. The Cargo owner /his Forwarder or Representative / shall advise the Port the volume and the description of cargoes covered with the Contract till 15th of the preplanned month for export and till 25'" of the preplanned month for import (the same for transit) as well as ETA of the ships. Remark: In some exceptional cases, the Cargo owner may deliver his cargo without conclusion of the Contract but only upon receiving of the preliminary consent from the Port. It is self understood that such Contract shall be concluded later and the Cargo owner is to produce more full information about this cargo (including license availability, transport conditions of the Contract, country of destination, characteristics of this cargo, its harm), besides that all necessary actions, mentioned in this Code to be effected. 3.8. The inclusion of the cargo in «Wagons Entry Plan» and all payments due to Railway Administration shall be provided by the Cargo owner (his Forwarder or Representative) duly and independently. The above Plan or information about delivery (confirmation) of the cargo by other transport vehicles to be presented to the Port. 3.9. The delivery of the dangerous and classified cargoes shall be performed in full conformity to transport rules, which are valid now for those cargoes. The delivery of such cargoes to be agreed beforehand by the Cargo owner (his Forwarder or Representative) and the delivery to be permitted after receiving the Port's confirmation only. 3.10. The acceptance of the cargoes agreed earlier for the delivery should be prohibited only in cases of emergency, stipulated by CMS. General Manager of the Port shall inform the Shippers about such prohibition, provisional ceasing or cargo restriction immediately. 4. OBLIGATIONS OF THE PORT AND OF THE CARGO OWNER 4.1. The Port accepts export, import and other cargoes, and records their movements, as well as spare tare, by B/L's lots, ship's lots, waybills and wagon’s lots. Stock inventories of cargoes to be made by the Port, with participation of the Cargo owners /or their Forwarders or Representatives/ for their account, by the 1st October of every year. 4.2. The Port determines norms and terms of storage of cargoes. In case of exceeding periods specified by the Port, payments for storage to be applied at the higher rates. In case of non-removal of the cargoes by the Cargo owner (his Forwarder or Representative) by the last time specified by the Contract concluded with the Port, the latter has the right to sell those cargoes. 4.3. The Cargo owner /his Forwarder or Representative,' submits all necessary information about cargoes concerning their ways and conditions of carriage, conditions of storage and transshipment, determining the weight, etñ; the Contracts' requirements to tare and marks fulfillment to be taken into consideration in this information. All necessary Customs', cargo covering transport documents as well as quarantine and other certificates including declarations and IMCO certificate to be presented by the Cargo owners (their Forwarders or Representatives) for enclosure while cargoes transfer. 4.4. The Cargo owner shall provide the examination of entering import cargoes according to norms of quality and to microbiological, radiochemical , toxicological and hygienic indices. On this ground the permission for discharging of transport vehicles and dispose of cargoes, sub-standard lots, remains and sweepings to be agreed with corresponding offices in due time. 4.5. The Cargo owner has to envisage in Contracts delivery of cargoes packed in firm, good, standard and being in full conformity to the GOST norms. This packing to be fit for carriage of packages by all transport vehicles with marking inscribed on each package and with the center of gravity, warning signs and points for sling attachment marked as well. 4.6. To provide repacking in the port, the Cargo owner shall furnish the Port with spare packages (bags, cases, cardboard boxes, barells, etc) in the quantity needed. EXPORT, TRANSIT AND RE-EXPORT CARGOES 4.7. The Port's obligations are as follows: 4.7.1. Discharging of the Cargo owner's cargo from wagons, motor vehicles and other transport facilities, dismounting of special attachments and discharging of spare packages. 4.7.2. Acceptance for storage from railway wagons and other transport facilities of packages and cases being in good condition and received to the Cargo owner's address by only counting them but not weighing and subsequent shipment of this cargo for export without checking the weight of the cargo. Inspection of the packages damaged shall be executed for the Cargo owner's account. 4.7.3.Acceptance of the cargo packed and arrived in the port with « in bulk « indication in «Number of packages» column of a waybill shall be carried out by counting the packages by an expert of the Chamber of Commerce or a surveyor of an independent organization invited for the Cargo owner's account. If the Cargo owner invites neither of them, the Port shall accept the cargo by only counting the wagons and shall not be responsible for the number of packages and their weight. In case any difference in number of packages or in their weight is found out, the Port shall submit to the Cargo owner ( his Representative or Forwarder) a commercial report received from the railway administration or a copy of a claim stating that the railway administration refuses to issue such a report, together with other proper documents according to the «Regulations for Cargo Carriage by Railway». 4.7.4. Acceptance of bulk cargoes from the adjoining transport facilities shall be carried out in accordance with the regulations in force, unless otherwise agreed. 4.7.5. Storehousing and storage of cargoes in warehouses and on open areas. The Storehousing of cargoes shall be made by the Port separately according to waybills and wagons lots /or according B/lading' or ship's lots if cargoes delivered by inland waterways/ so that to have a possibility to recount the number of packages in case of need. The similar bulk cargoes of the same grade can be stored in common piles, unless otherwise agreed. Writing off of natural losses shall be carried out according to the norms of Standards in force. The Port and the Cargo owner can define other conditions of storage in accordance with their mutual agreement. 4.7.6. Issue of a preliminary cargo-plan for a certain ship together with a Carrier in accordance with loading orders presented by the Cargo owner /his Representative or Forwarder/Any alteration to the preliminary cargo-plan, resulting in non-fulfillment of loading orders, presented by the Cargo owners (their Representative or Forwarder) can be allowed as an exception, according to an agreement with the latter. 4.7.6. The loading of ships according to cargo-plans, regulations and instructions for cargo carriage in force with provision of the optimal loading of the ship, proper stowage and separation of B/lading lots in holds, their fastening, including special one on decks and holds under supervision of the ship. 4.7.8. Repacking of each package, measurement of cargoes, repairing of tare, marking, straightening, painting of each package and other works according to the additional Cargo owner's request. 4.8. The Cargo owners' obligations are as follows: 4.8.1. In case of need, participation in agreement of conditions of the cargo delivery on board with the Shipowners. 4.8.2. To stipulate in the Contracts chartering of ships fit to carry the certain cargo on the basis of the Contract concluded with the Port. 4.8.3. To provide preliminary payments for transshipment and storage of cargoes in the volumes not less than delivered during a month and to provide the Port with funds to pay to the Railway Administration in accordance with the Statue of Railway transport and the Carriage Rules. 4.8.4. To provide proper shipment documents with indication of the followings: Cargo owner's name, number of the Contract concluded with the Port, or the Forwarder's name, Country of destination, Contract number, number of export license, if requested, number and weight of packages, weight of bulk and grain cargoes. 4.8.5. To show in the Loading orders for export cargo all necessary data, including the followings: when shipment of the packages - the weight declared by the Shippers in the transport documents and, in case of reweighing, the weight determined as a result of such reweighing, when shipment of bulk and grain cargoes (including pig iron, ferroalloys, scrap, etc) as well as liquid cargoes - the weight of those as a result of draft survey, performed with participation of an expert invited by the Cargo owner. 4.8.6. To settle with the Railway Administration the problems of re-addressing the cargo, followed with a recovery of funds to be paid to the Port and to the Railway Administration. 4.8.7. To take all measures to remove the cargoes from the Port within the terms stipulated in the Contract. 4.8.8. To settle all problems with Customs, Immigration, Sanitary, Quarantine and Ecology Authorities. IMPORT, TRANSIT AND REJECTED FOR EXPORT CARGOES 4.9.The Port's obligations are as follows: 4.9.1.The unloading of ships with import cargoes according to direct variant into railway wagons, river ships, barges and motor vehicles or their acceptance to the Port's storehouses. Transshipment of perishable or some special cargoes as per MOPOG norms, raw sugar, non-ferrous metallurgical concentrates in bulk, chemical cargoes in bulk etc. shall be carried out according to direct variant only. 4.9.2. The acceptance of visually examined and non-damaged packages by counting them alongside the ship and checking of their correspondence to the weight declared by the Shipper in B/L as well as to marking shown In shipment documents. The packages arrived in damaged tare with an access to the contents or with any signs of stealing or if their actual weight does not correspond to the weight shown in B/Ls shall be accepted by reweighing and recounting with participation of the ship's, Port's and Cargo owner's (his Representative's or Forwarder's representatives). The results of reweighing and the statements concerned shall be signed by the ship, the Port, the Cargo owner (his Representative or Forwarder). The cargoes arrived in tare unsuitable tor proper shipment (defective, threadbare ) that to be confirmed by the Statement notice shall be accepted and shipped with an average B/L weight taken into account. Reweighing and expertise shall be effected for the Cargo Owner's account. At the request of the Cargo Owner (his Representative or Forwarder) or at the request of the inspecting organizations, the Port shall arrange partial or control re-weighing, sampling and, as an exception, total re-weighing of the certain Cargo lots loaded by using a direct variant. The results shall be recorded in a report issued by independent experts. To carry out this work, the Port shall provide labor forces, scales and handling facilities to be for the Cargo Owner's account. The quantity of bulk cargoes shall be stated by the Port in General Statement as a result of draft survey without re-weighing. This cargo loaded into open-top wagons shall’ be re-weighed on track scales while transferring it to the railway. The final quantity of the cargoes arrived and loaded (transferred to the Receiver of the cargo) shall be defined as a result obtained after transshipment with the norms of natural losses taken into consideration, unless otherwise agreed between the Port and the Cargo Owner (their Representatives or Forwarders). If a direct variant of transshipment is used, the Port shall not bear any responsibility for difference in weight obtained as a result of draft survey and re-weighing. 4.9.3. Storehousing and storage of cargoes in warehouses and on open areas. Storehousing of cargoes is made by the Port according .to banding’s and Ship's lots. The similar bulk cargoes of the same grade can be stored in common piles, unless otherwise agreed. 4.9.4. Arrangement of fumigation of cargoes of livestock, or vegetable nature on board or in containers as well as fumigation of containers used for this kind of cargoes shall be carried out at the request of the Cargo owner (his Representative or Forwarder) in accordance with the Port's Rules in force. 4.9.5. Shipment of import cargoes by any kind of transport: by railway, by motor vehicles, as well as delivery of those cargoes on site shall be carried out in accordance with the Cargo owners' (their Representatives' or Forwarders') waybills or at their request. Settlement of shipment of non-wagon lots to be effected without the Port's participation. The shipment documents should bear the Cargo owner's name (or his Forwarder's), description of the cargo, code and address. Sealing of the wagons with import cargoes shall be carried out by the Cargo owner or by his Forwarder with their own seals. 4.9.6. The shipment of import cargoes within the terms as per the Contract transport venicles are provided by the Cargo owner (his Forwarder). 4.9.7. In case of any shipment delay, not depending on the Port (discussion about special conditions for carriage of the cargo in damaged tare, absence of necessary documents or drawings, fumigation, expertise, making of special appliances and so on ), the shipment shall be carried out after deleting of the above causes and according to agreement with the Cargo owner (his Representative or Forwarder), or under his guarantee. 4.9.8. Re-addressing and re-delivery of the cargo shall be for the account of the Port, if the Port is at fault in delivery the cargo to a wrong address, or for the account of the Cargo owner, if the above occurred at his fault. 4.9.9. Fastening and separation of the cargoes aboard and in wagons shall be carried out in accordance with technical requirements being in force for a certain type of transporting vehicle. Special fastening, as well as the materials used for this purpose shall be for account of the Cargo owner. 4.9.10. Shipment and delivery on site of the cargoes rejected for export shall be carried out in accordance with the waybill, issued by the Cargo owner. 4.9.11.Repair of tare, re-packing of the cargoes into spare tare provided by the Cargo owner, marking and re-marking, obtaining of specifications, sorting of cargoes and tare, which defective condition is recorded in Statement Notices and other documents, shall be carried out at the request of the Cargo owner (his Representative or Forwarder) and for his account. Repair of the tare damaged by the Port to be carried out for the account of the Port. 4.10. The Cargo owner's obligations are as follows: 4.10.1.To provide the Port within the terms as per section 1 of this Code with information about the cargoes arrived aboard the ships, chartered by foreign firms, irrespective of those ships ownership, with indication of the cargo's description, number of packages and their weight, description of location of the cargo in holds with the indication of the heavy packages. 4.10.2.To provide acceptance of the cargoes unloaded by the direct variant, as well as delivery of the transporting vehicles for taking out the cargo, arrived to the Cargo owner's address, as well as its sealing with their own seals. The Cargo owner must take out the import cargoes accepted by the Port for storage within 10 days from the day of acceptance, unless otherwise agreed with the Cargo owner. 4.10.3.To settle with the Carrier and the Port the conditions of shipment and transfer on site of the cargoes arrived in the Port in tare and packing unfit for further safe transporting i.e. damaged, with signs of wetting, with unproper marking or without it, that to be confirmed with Statement Notices, as well as without necessary certificates or other documents covering those cargoes. To settle the way of transshipment and carriage of perishable and special cargoes with transporting organization and the Port in advance prior to the shipment as per the Contract. 4.10.4.To provide preliminary agreement with transporting organizations the conditions of carriage of oversized and heavy cargoes. To submit the developed and approved drawings to the Port. 4.10.5.To settle all the problems connected with cargoes quantity defined in the Port with participation of experts without the Port's representatives. 5. TRASSHIPMENT AND FORWARDING OF THE CONTBINERIZED AND PALLETIZED CARGOES AND TRANSPORTED ON TRAILERS 5.1. When transporting export and transit cargoes in containers or on pallets: 5.1.2. The containers shall be accepted by the Port from railway waggons or from other transport facilities after their visual inspection and after checking of the seals as per the Standards' requirements, legibility of stamps, proper technical and commercial condition of the containers in accordance with the Regulations in force. 5.1.2. When accepting the containers, any technical defects, absence of seals or their improper condition, illegible stamps or difference between the signs on the seals and the data in the shipment documents, presence of other seals, non-correspondence to the documents enclosed or absence of the documents (in all cases without access to the cargo) are found out, the Port shall have the right to refuse to accept those containers. When receiving the containers from the Carrier, not providing safety of the goods, the Port shall refuse to accept those containers. In case of necessity to check the cargo in the container or to reload it into a container in good condition, the Port shall load the cargo with its facilities in the presence of the Representative of the delivering Party and for its account. After checking, the container shall be sealed with the above Representative's seals. 5.1.3. Opening of containers or packages located in those containers at the request of the State Inspection offices (Customs, Immigration, Quarantine, Veterinary, State Grain Inspection and so on), including for fumigation, as well as delivery for inspection and re­packing shall be carried out by the Port for the account of the Cargo owner as follows: 5.1.3.1. The containers with export cargoes shall be opened by the Port in the presence of the Representative of inspecting office, the Cargo owner (his Representative or Forwarder), who shall issue the inspection Statement. The following information must be stated in this Statement: Technical and commercial conditions of the opened container, quantity and condition of the Shipper's seals removed, numbers and signs on those seals, results of inspection of the cargo, including numbers of the inspected packages, and the facts of withdrawl, if any. After inspection and subsequent re-packing such container to be sealed with Cargo owner with his seals, or and by the seals-of the inspecting office. The stamps and number of the seals to be also shown in the Statement. This Statement shall be signed by the Parties, effected the inspection. The Shipper's seals shall be handed over to the Cargo owner ( his Representative or Forwarder ) together with the Statement of Inspection. The Statement of Inspection only certifies the fact of inspecting of the cargo but not the quantity, weight or conditions of the cargo in the container. 5.1.3.2. Re-location of the cargo in the container at the Inspecting organization's request shall be carried out by the Port in the presence of the Cargo owner (his Representative, Forwarder) for the Cargo owner's account. The Statement of Inspection shall be issued in the same way and shall state the actual availability and conditions of the goods against submitted documents. The removed seals shall be given to the Cargo owner (his Representative or Forwarder) together with the Statement of Inspection. 5.1.4. Loading of export cargoes into the container for their further delivery for export shall be carried out with the participation of the Cargo owner (his Representative, Forwarder) and sealed by them. 5.1.5. In exceptional cases at the request of the Cargo owner (his Representative or Forwarder) and in agreement with the Port, the break up of the containers with export cargoes, arrived with proper Shipper's seals can be carried out with the participation of the Cargo owner (his Representative or Forwarder). An order for breakup shall be enclosed to the Cargo owner's (his Representative or Forwarder ) statement. In these cases the Port does not bear any responsibility for the conditions of the cargo in the container. 5.1.6. At the request of the Forwarder some B/lading lots of export or transit cargoes to be delivered to the same address can be allowed for loading in the same container. In this case the Forwarder shall issue a list of the lots loaded in each of such containers with indication of number of the B/lading lots and number of packages in those lots. 5.1.7. Acceptance of cargoes in packages from the railway or other kinds of vehicles shall be carried out by the Port after visual inspection. In case of damage of some packages, the Port shall open the package for checking of the contents with further re-packing and weighing for the account of a transferring Party. All such cases to be fixed in Statement - Notices. 5.1.8. Shipment of export and transit cargoes aboard in packages shall be carried out by the Port according to quantity of the packages in good condition, without checking of number of cargo pieces in those packages and with indication of number of packages and weight declared by the Shipper in Bills of Lading. The packages shall comply with GOST requirements. 5.2. When carriage of import cargoes in containers and packages: 5.2.1. When concluding Contracts the Cargo owners shall stipulate that the Shippers will be responsible for sealing of containers with reliable seals-locks. 5.2.2. Containers are accepted by the Port from ships visually inspected, with checking the Shipper's seals, clearance of stamps on those seals, proper technical and commercial conditions of those containers according to the regulation in force. The results of acceptance of containers with import cargoes by the Port to be recorded in General Statement with indication of quantity of containers accepted by the Port and numbers of Statement Notices. 5.2.3. If at the moment of acceptance of containers by the Port, some external technical damages without an access to the contents, as well as some signs and numbers of seals not accorded to those shown in shipment documents, or illegible signs and numbers are found out, the transferring Party must apply his own seal after eliminating the above causes by his own means or by means of the Port for the account of the Carrier. These containers shall be accepted without opening and checking the contents with issuing a statement notice where the condition and stamps of the seals (against B/L) and the agent's stamps of the seals shall be indicated. 5.2.4. In all cases of possible access to the cargoes or impossibility to further transport the cargoes, the Port shall check the containers with participation of the carrier or his agent. The results of the checking shall be recorded in the statement notice. The number and stamps of the removed and re-applied seals shall be also shown in the statement notice. After checking, the container shall be sealed with the carrier's or his agent's seal. 5.2.5. In case of arriving the container without documents or with the cargo forbidden to be imported to Ukraine, the cargo shall not be unloaded without the Custom's permission. 5.2.6. Opening of the containers or packages available in them at the request of the State Inspection organizations (Customs, Immigration, Quarantine, Veterinary, Grain Inspection, etc.) including the containers requiring fumigation. Their delivery for inspection and their further loading after inspection shall be carried out by the Port for the account of the Cargo Owner as follows: 5.2.6.1. The containers with import cargoes shall be opened in the presence of a representative of the inspection organization at their demand, in the presence of the Cargo Owner (his Representative of Forwarder) or at the expert's request. The results of opening of the containers with proper seals of the foreign shipper shall be recorded in the Act of Inspection and in the Act of Expertise, if an expert took part in this inspection, the acts shall confirm the fact of inspection, good technical and commercial condition of the containers, number and proper condition of the removed seals, numbers and signs on the seals, numbers of the packages inspected and the facts of withdrawl the goods, if any. After inspection and further loading of the packages inspected, the container shall be sealed with the Cargo Owner's seal. The stamps and the number of the seals applied shall be also indicated in the Acts. The acts shall be signed by the representatives of the Inspection Organization fulfilled this inspection, by the representatives of the Customs, by the Cargo Owner (his Representative or Forwarder) and the representative of the Port. The seals of the foreign shipper shall be handed over to the Cargo Owner (his Representative or Forwarder) together with the Act of Inspection. The Act of the Container opening for inspection or fumigation shall only certify that the cargo in the container was only inspected or caused to fumigation but it shall not certify the quantity, weight or condition of the cargo in the container. 5.2.6.2. At the Inspection Organization's request to relocate the cargo in the container, these operations shall be carried out by the Port for the account of the Cargo Owner. The Act of Inspection shall be issued in the same way and it shall show the real availability and condition of the cargo against the documents. The removed foreign shipper's seals shall be handed over to the Cargo Owner (his Representative or Forwarder). 5.2.7. In some necessary cases, at the request and for the account of the Cargo Owner, the Port shall load the import cargos into the containers for their further delivery to the receiver. In this case the containers shall be sealed with the Cargo Owner's (his Representative's or Forwarder's) seals. Loading of the Cargoes into the containers shall be carried out with participation of the Cargo Owner's or Forwarder's Representative. 5.2.8. In exceptional cases at the request of the Cargo Owner (his Representative or Forwarder) the breakup of the containers with import cargoes arrived with proper shipper's seals can be carried out. An order for the breakup shall be enclosed to the waybill. In this case the Port shall remove the foreign shipper's seals with participation of an expert to be invited by the Cargo Owner (his Representative or Forwarder) for the account of the Cargo Owner. The results of checking of the import cargo in the container after its breakup shall be recorded in the Act of Expertise. 5.2.9. The Port shall provide shipment of the import cargoes in packages with indication in the shipment or take-over documents of the number of packages in good condition and weight declared by the Cargo Owner (his Representative or Forwarder). The weight of the packages shall be indicated as declared by the Cargo Owner. In case of impossibility to load the waggons or containers with import cargoes because of their clearance limits, the breakup of the packages shall be carried out by the Port at the request of the Cargo Owner (his Representative or Forwarder) with the participation of an expert and with the results recorded in the Act of Expertise. For further shipment only separate packages can be accepted. The shipment of the packages damaged or unsuitable for transportation by common transport facilities shall be settled by the Cargo Owner (his Representative or Forwarder). The Port shall not bear any responsibility for the condition of the cargo in packages. 5.2.10.When transporting the cargoes in containers, the Shipper (his agent) must indicate the owner of a container in the shipment documents. 6. INSURANCE 6.1. The Cargo Owner shall be responsible for cargo insurance against losses, spoilage or damage. 7. LIEN 7.1. The Port shall have an absolute lien on goods for any amount due under the contract including costs of recovering all losses and damages because of the Cargo Owner's failure to execute the contract in due time and including costs of recovering the storage fees, commissions and the Customs' fees. 7.2. Should the Port reveals at the time of execution of the obligations that the Cargo Owner is insolvent, the Port shall have a lien on the subject of mortgage including costs of recovering the amounts even not to be payable yet. 7.3. In case of accidental loss of the insured cargo being on mortgage, the Port shall have preference for recovering the amounts of insurance. 7.4. The Port shall have a lien on goods in case of violation by the Cargo Owner (his Representative or Forwarder) of the contractual conditions including the terms of the cargo delivery stipulated in the contract. 7.5. The Port shall have the right to sale the goods being on mortgage after notifying the Cargo Owner (his Representative or Forwarder). The Port shall not be liable regarding both the cargo sold and the documents after submitting to the Cargo Owner (his Representative or Forwarder) of the report about the rest of the funds minus expenses of the Port connected with this cargo, as well as debts of the Cargo Owner and expenses concerning trade and other payments connected with this cargo. 7.6. The lien shall be lapsed: 7.6.1. - after recovering the amounts for goods on mortgage. 7.6.2. - after loss of the cargo on mortgage at the Ports fault. 7.6.3. - when the rights which constitute the subject of a pledge are transferred to the Port by way of assignment of a claim. 7.6.4. - after receiving from the Cargo Owner ( his Representative or Forwarder) of the guarantee properly issued or a warranty of the third party. 8.1. Calculation of the Port dues shall be carried out in accordance with the Decree of the Council of Ministers of Ukraine No.442 dd 18.04.96, The Order of the Ministry of Transport of Ukraine No.214 dd 27.06.96 and other normative documents. General Manager, M.M. Dergausov Home | Contact Us | Russian version Copyright © 2005 LEMA Forwarding & Chartering Company. All right reserved.