RULE: 34.3 - GENERAL RULES Eff: 23JAN2003
| Effective | 23JAN2003 |
|---|---|
| Filing Codes | C |
ITEM 1. RECEIVING/DELIVERING:
"The physical handling of a container, loaded or empty,
from/to an inland carrier to/from a designated point of
rest."
"Receiving/delivering includes equipment inspection and
TIR processing.
ITEM 2. RECOGNIZED WORKING HOURS:
A. The normal working hours are from 7:00 A. M. to
5:00 P.M., Monday through Wednesday and 7:00 A.M. to
6:00 P.M., Thursday and Friday. Saturdays, Sundays
and ILA contract Holidays excluded.
B. When any type of Terminal Services are required in
other than recognized regular working hours shown
above, prior arrangements must be made with POMTOC
and tariff rates plus overtime costs and minimum labor
guarantee costs will be assessed.
ITEM 3. HOLIDAYS:
The following holidays will be observed as per I. L. A.
contract:
New Years Day Labor Day
Martin Luther King's Birthday Columbus Day
Lincoln's Birthday Veteran's Day
Washington's Birthday T. Gleason's Birthday
Good Friday Thanksgiving Day
May Fourth Christmas Eve
National Memorial Day Christmas Day
Independence Day New Year's Eve
When any of these holidays fall on Sunday, the following
Monday shall be observed. No work will be performed on New
Year's Day, Independence Day, Labor Day, and Christmas Day,
nor before 7:00 A. M. on the days following these holidays,
nor after 5:00 P.M. on Christmas Eve or New Year's Eve,
except in case of fire, or where property is in danger.
ITEM 4. CHARGES, INVOICES and Credit Terms:
All charges will be assessed against the steamship line
and/or its authorized agent.
All invoices for services rendered by POMTOC are due and
payable no later than 45 days from invoice date. If
payment has not been received within 60 days POMTOC
reserves the right to withhold services to the delinquent
party.
Certain cargoes handled through the Port of Miami require
additional security as per Chapter 28A-9.3 of Code of
Metropolitan Dade County. Charges for this mandatory
security shall be for the account of the cargo.
The services, rates and charges provided in this tariff
also apply to water carriers/vessels not included in the
definition of common carrier in section 3 (6) of the
Shipping Act of 1984 unless prior arrangement has been
made with POMTOC.
Any check returned for NON-SUFFICIENT FUNDS (NSF) or
otherwise uncollectable, will be assessed a fee for each
occurance of $50.00. Any company that has two (2) checks
returned within a six-month period will be subject to
cancellation of credit privileges. Cash payment will be
required for companies for which check acceptance
privileges have been cancelled.
ITEM 5. STORM PROTECTION:
In cases where advance warnings that storms of hurricane
intensity are expected to pass over or near the Port, the
owners of all cargo stored in the open areas are required
to take protective measures, both for the cargo and the
protection of property. Should the owner fail to provide
such storm protection, POMTOC, is authorized to protect
such cargo to the best of its ability considering time,
conditions, and materials available, against storm damage,
completely without liability to POMTOC, if so directed by
owner of the terminal facility, charging the cost of this
storm protection against the cargo.
ITEM 6. SEGREGATION: (D)
ITEM 7. ALL SERVICES BILLED FOR :
When services are performed for which no specific charges
are provided in this Tariff, billing shall be rendered as
follows;
Materials and mechanical equipment - actual cost plus 10%
labor - wage rates and minimum guarantees as per current
Collective Bargaining Agreement plus Welfare, Pension,
Vacation and GAI assessments, plus 25%; plus Insurance and
Taxes.
ITEM 8. HEAVY LIFTS:
Charges will be determined by the equipment and labor
required to handle heavy lifts.
Rates and services shall be quoted on request.
ITEM 9. LIMITATIONS OF LIABILITY:
POMTOC for the services performed under this tariff,
assumes no responsibility for loss of or damage to cargo
and/or freight, within the facilities of the Port of
Miami.
Liability for damage, if incurred as a result of proven
negligence by POMTOC, during handling, loading or unloading
of cargo shall not exceed $500.00 per package or unit.
Rates and charges published in this tariff do not include
cargo insurance of any nature.
No watchman service or security service of any nature is
provided for by POMTOC.
A loaded container or loaded trailer will be considered as
a single unit.
Except as may be caused by its own negligence POMTOC shall
not be liable for any loss or damage to any cargo,
container handled through its facilities resulting fires,
water, collapse of buildings, nor shall it be liable for
any delay, loss or damage resulting from strikes, tumult,
insurrection, acts of government authorities, force
majeure, or acts of God.
ITEM 10. WORK STOPPAGE:
POMTOC is not responsible for any consequences or claims
arising from any stoppage of work or delays occasioned by
strike or any other cause beyond the control of POMTOC.
ITEM 11. UNITIZED CARGO:(D)
ITEM 12. STUFFING AND STRIPPING: (D)
ITEM 13. BILLING COMPENSATION:
POMTOC may, at their option, compensate carriers agent for
billing and/or collection of Terminal Charges only.
ITEM 14. EXCLUSIONS:
Any commodity or item not included in this tariff may be
covered by special arrangement with shippers or consignees.