Charges

Charges for terminal services shall not exceed the rates published in this Tariff. All charges herein, when not absorbed by the Ocean Carrier, are for the account of the Owner, Charterer, Agent, Shipper or Consignee of the cargo, unless otherwise specified.

All charges in this Tariff are quoted in Canadian dollars and are based on performing the work during Straight Time operating periods.  GST is not included with the rates and charges quoted in this Tariff.

Effective Date and Charges

This Tariff and all rates, charges, terms, conditions, rules and regulations contained herein shall apply to all traffic and cargo at Nanaimo Assembly Wharf and Duke Point Deep Sea Terminal on and after July 1, 2011, the effective date of this Tariff.  This Tariff shall be subject to change without specific notice and such changes will be effective from the dates specified.  Please contact the Nanaimo Port Authority at PO Box 131, Nanaimo, BC V9R 5K4  regarding currency of the provisions of this Tariff.

Please use the list below for quick access to the specific rates and handling fees

Please note:

• Terminal charges on packaged lumber are based on lumber packages conforming to the B.C. Export Packaging schedule.
• All wharfage and handling rates for lumber are based on net or actual measurement.
• Extra handling for forest products received without a specified destination may be subject to additional charges.
• Any additional labour outside of the normal receiving, handling and delivery to vessels may also be subject to additional charges.
• Non uniform package sizes and bundles of less than 8 feet in length will be subject to a handling surcharge.

VESSEL CHARGES

Berthage - Effective July 1, 2011

Charges for berthing a vessel will be:

(a) $0.23 per metre of length per hour (or part thereof) at the Nanaimo Assembly Wharf and Duke Point Deep Sea Terminal, where length means the overall length of a ship in metres, or a

(b) Minimum charge of $175.00 per day

• The above rates are computed on a four (4) hour basis. Should any line call go beyond a four (4) hour call, a second four (4) hour call will be charged.
• Where additional linesmen are required, they will be charged out at the applicable man hour rate on a four (4) hour basis.

Port Security Fee

Should any vessel berthing at Port facilities require special security measures, the Port may access a fee to the vessel to cover the additional security costs.

In the event that Transport Canada or any other authorized agency or government raises the MARSEC level above MARSEC 1, the Port may access a Port Security Fee against all vessels on berth during the time of the raised MARSEC level.  This fee shall be in addition to all other fees and charges charged to the vessel owner.

Man Hour Rates - Effective July 1, 2011

(a) Man Hour Standard and Shift Differential Rates

A = Delay Rates - Monday to Friday 0800 to 1630

B = Extra Labour - Cost Plus

C = Monday to Friday 1630 to 0100; Saturday 0800 to 1630

D = Monday to Sunday 0100 to 0800; Sunday 0800 to 1630; Saturday and Sunday 1630 to 0100

E = General Holidays, All Shifts

(b) Man Hour Shift Extensions & Meal Hour Penalty Differential Rates.

A = Monday to Friday 0800 to 1630 - 1 Hour Shift Extension and 1/2 Hour Meal Penalty.

B = Monday to Friday 0800 to 1630 - 3 Hour Minimum to 4 Hour Maximum Shift Extension; Foreman Double Shift Rate.

C = Monday to Friday 1630 to 0100 - All Shift Extensions and 1/2 Hour Meal Penalty.

D = Saturday 0800 to 1630 - 1 Hour Shift Extension and 1/2 Hour Meal Penalty.

E = Monday to Friday 0100 to 0800 - All Shift Extensions and 1/2 Hour Meal Penalty.

F = Saturday 1630 to 0100 and 0100 to 0800; Sunday All Shifts - All Shift Extensions and 1/2 Hour Meal Penalty.

G = Saturday 0800 to 1630 - 3 Hour Minimum to 4 Hour Maximum Shift Extension.

H = General Holidays All Shifts - All Shift Extensions and 1/2 Hour Meal Penalty.

Note: The above excludes uninterrupted operations for Foreman.

GENERAL TERMS AND LIMITS OF LIABILITY

DEFINITIONS

Agent(s) includes Westcan Terminals Ltd., Westcan Stevedoring Ltd.

B/L: means a Bill of Lading.

Carrier: means a vessel, a railroad operator offering to transport or transporting goods by rail, and a motor carrier offering to transport or transporting goods by road.

Charges: are assessed on the goods and are due from the Owner of the goods as soon as they are incurred and shall be paid to the Company at its office at the Nanaimo Port Authority.

Company: means Nanaimo Port Authority and/or its Agents.

Container: means a single, rigid, non-disposable dry cargo, insulated, refrigerated, flat rack, vehicle rack, liquid tank or open-top container, demountable, without wheels or chassis attached, furnished or approved by a carrier for transportation of goods aboard its vessel.

Containerized Goods: are goods received in a container for movement intact between vessel and inland carrier.

Goods: means cargo of any kind and description including its packaging.

M/E: is the charge based on man-hour rates and equipment rental as set out in the following schedules.

N.O.S.: means “Not Otherwise Specified”.

Overtime: refers to work performed in overtime hours, as defined in current labour agreements, for which the Company will be subject to rates as contained in this Tariff.

Owner: in respect of goods, includes the agent, sender, shipper, consignee or bailee of the goods, as well as the carrier of such goods to, upon, over or from the Property of the Company.

Package: means each single unit of cargo handled or intended to be handled at one time, including any container inclusive of its contents where the company has not been involved in either stuffing or destuffing and including any unitized goods.

Property: means the wharves, terminal facilities and industrial area designated by the Company for the handling of cargoes and passengers.

Terminal Charges: refers to an all inclusive rate assessed per “Unit Basis”, and means the charge for moving the Goods from or to, under Vessel slings, to or from an ordinary place of rest and loading Goods from an ordinary place of rest to motor transport vehicles but does not include the cost of labour or materials for bracing or otherwise securing the Goods during straight time working hours.

Throughput: means the load/unload of Container to/from Vessel and placement/removal to/from truck/vessel.

Unit Basis: is to be used for calculating the charges on the goods as specified.

Unitized Goods: are a consolidation of uniform shipping packages secured to pallets or by other means where the individual component shipping packages are banded or otherwise securely held together to form a single shipping unit in order to facilitate mechanical handling and which remains intact until removed from the Property of the Company.

Vessel: means the carrier of goods by water, its Owners, operator and charterers.

Weight/Measure/Unit: refers to the sections on Weights and Measurements and Conversions.

Wharfage: means the charge on:

a) goods unloaded from or loaded to a vessel;

b) goods transshipped from vessel to vessel;

c) goods unloaded overside from a vessel to the water or loaded overside to a vessel from the water;

d) goods loaded from or placed to the water;

e) goods unloaded from or loaded to a vehicle; and

f) where goods are transshipped overside from vessel to vessel, unloaded overside from vessel to water or loaded from water to vessel, wharfage on those goods will be charged at the rate set out in this Tariff.

LIMITS OF LIABILITY

Goods will be accepted, stored and handled by the Company on the following terms and conditions:

1. In any legal or other proceeding in which destruction, damage, loss or disappearance of the goods is in issue, the burden of proving the fact of such destruction, damage, loss or disappearance, the cause thereof, and the responsibility therefore, shall lie always with the claimant; the Company and its employees, servants and agents being at all times presumed to have exercised due care in the custody and handling of the goods until the contrary is specifically proved by evidence, any rule of law or procedure to the contrary notwithstanding.

2. The Company, its employees, servants and agents shall not in any event be liable for any loss or damage to or in connection with the goods in an amount exceeding the lessor or least of:

(a) where lost, the Fair Market Value;

(b) where damaged, the Repair Costs;

(c) the Per Package Limitation;

(d) where the rate charged by the Company is based on the quantity of Goods, the Rate-Based Limitation;

where:

(e) the Fair Market Value is the fair market value of the Goods lost, ex-Nanaimo Port Authority, on the date of loss of the Goods;

(f) the Repair Costs are the reasonable repair costs of the Goods damaged;

(g) the Per Package Limitation is $100 per Package;

(h) the Rate-Based Limitation (“RBL”) is the amount invoiced by the Company for terminal services provided with respect to the Goods lost or damaged, calculated as follows:

RBL = IT x ( QD / QG)

Where

IT = the total amount invoiced by the Company for Terminal Services provided with respect to the class of Goods in which the damaged or lost goods are included

QG = total quantity of Goods of the class for which the amount IT was invoiced expressed in the unit of measure referred to in the invoice

QD = the quantity of Goods lost or damaged, stated in the same units as QG and/or portions thereof

The Company does not and will not provide insurance for the benefit of any party who may suffer loss as a result of the limitation provisions contained in this Tariff. Such parties are encouraged to obtain their own insurance to cover such loss.

3. Neither the Company nor its employees, servants or agents shall in any event be answerable with respect to any claim for loss or damage unless written notice thereof has been given to the Company not more than thirty (30) days after the goods have left or should have left its actual custody, and unless a detailed, itemized and final claim has been lodged with the Company not more than six (6) months following the incident alleged to have caused the loss or damage and unless legal action to enforce the same has been commenced not more than one (1) year following the incident alleged to have caused the loss or damage.

4. The Company, their employees, servants and agents shall be entitled to claim the benefit of the same exceptions, exemptions, restrictions and limitations with respect to liability as are set out in the Carrier's favour in any bill of lading contract of affreightment or similar document relating to the goods in question, and the Owners, consignees and all others having a property interest in the said goods, agree that the Carriers are the agents of the Company for the purpose of contracting these terms, and the Company authorizes the Carrier to so act as agent of the Company. Where, however there is any inconsistency between the terms of such bill of lading, contract of affreightment or similar document and the terms of this Tariff, the term of this Tariff will prevail.

5. Delays and Damage

The Company shall not be liable for:

a) any losses arising out of delays in loading, unloading, receiving, delivery or handling of any Goods, or

b) any loss or damage to Goods or any other personal property including containers or chassis which may be on the Property, howsoever caused, except to the extent that the loss or damage occurs directly and solely as a result of gross negligence or willful misconduct on the part of the Company, its employees or agents.

6. Injury To Persons (Including Death)

The Company shall not be liable for any injury to passengers from Vessels or to any other persons (including death at any time resulting from any such injury), occurring in, on or about the Property, save and except only to the extent that such injury occurs directly and solely as a result of gross negligence or willful misconduct on the part of the Company.

7. No Right Of Deduction Or Set-Off

Notwithstanding any liability of the Company hereunder, Owners, shippers, consignees, carriers, other cargo or Vessel interests, and other persons responsible for charges under this Tariff, shall not be entitled by reason of any such liability to any deduction from, reduction of, set-off against or waiver of any terminal charges, all of which shall be paid in full as and when due.

8. Owner's Risk

Cargo which, because of its inherent nature, is subject to deterioration, spoilage, shrinkage, oxidization, wastage, rust, tarnish, discoloration, breakage, leakage, chafing or any other peculiar loss or damage that may occur despite accepted practices for the case of cargo, or glass, liquids, and fragile articles, will be accepted only at Owner's risk.

Timber and log or lumber rafts and all watercraft, if and when permitted by Nanaimo Port Authority to be moored at dolphins, at wharves or alongside Vessels, are at Owner's risk for loss or damage.

9. Charter Party Agreements, Sales Contract, etc.

The existence of any agreement in connection with a charter party, sales contract, or otherwise, which purports to relieve a Vessel, its Owner, agent or operator, of any charge properly assessable against same under this Tariff, will not relieve said Vessel, its Owner, agent, or operator from liability for the payment of such charge.

10. Inspection and Acknowledgement of Receipt of Goods from the Company

Every person shall, immediately upon receipt of goods from the Company, and before the goods are removed from the Property, inspect the goods, acknowledge to the Company in writing the receipt of them in good order and condition subject only to such damage or shortage as may be specified in writing on the written acknowledgement. All parties with any interest in the goods are deemed to have authorized and required the receiver of the goods to conduct such inspection and acknowledge receipt in accordance with this provision.

Sufficient loading and handling materials must be supplied by and is the responsibility of the transport carriers for securing cargo to their transport units.

In addition to the preceding, please refer to the specific limits of liability included in the respective cargo sections within this Tariff.

WEIGHTS AND MEASUREMENTS

Shipping weights and measurements shown on shipping documents are subject to checking by the Company and the actual scale weight or measurement of the shipment as determined by the Company will govern rating and billing.

Except as otherwise provided, rates named on a weight basis are to be applied to actual gross weight of the freight, and rates named on a measurement basis to the gross cubic measurement of the freight, but in no case shall the amount be less than the minimum to which the rates are subject.

Charges for all cargoes N.O.S. are calculated on the weight or measurement of the goods, whichever yields the greater amount. If charges calculated on the basis of measurement exceed by a multiple of four times the amount that the charge would be if calculated on the basis of weight, the amount due will be the amount equivalent to four times the weight charge.

Tonne W/M is the number of tonnes calculated by weight or measurement as follows:

a) W - used to indicate weight, e.g. one thousand kilograms (1000 kg).

b) M - used to indicate measurement, e.g. one cubic metre (1 m ).

CONVERSION FACTORS