ANNEX 1. The main cargo transport and forwarding conditions in the Sea Commercial port of Mariupol
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 goods or objects, properties, animals and people, environment or which are exposed to quick discomposition and destruction, as well as perishable cargoes, to be delivered to the port only after the port's written confirmation or approval obtained, if mentioned in the contract.
3.3. The port has the right to sell the abovementioned cargoes under a threat of safety to other cargoes, properties, people, animals, environment advising a cargo owner (or his representative/forwarder) accordingly.
In case of emergency, the port has the right to destroy those goods to avoid a danger of damages without any preliminary advise and without any compensation either.
3.4. The confirmation made by a cargo owner in respect of cargoes, which, as a rule, to be loaded according to the direct scheme, to be effected according to a cargo owner's information about the time of a ship's arrival. The same procedure to be effected by the foreign charterers for foreign vessels.
3.5. Cargoes delivered without the port's 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, a cargo owner to be responsible for any consequences due to this delivery, even if no negligence or unproper treatment was effected by a cargo owner.
3.7. A cargo owner/his forwarder or representative/shall advise the port thevolume and description of cargoes covered with contract till 15th of the replanned month for export and till 25th of the replanned month for import (the same for transit) as well as ETA of the ships.
To make cargo storage in the port short, cargo owners/their forwarders /should deliver the ships and wagons / trucks for handling in a possiblereasonable and coincided time.
Remark: In some exceptional cases, a cargo owner may deliver his cargo withoutconclusion 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 a cargo owner is to produce more full information about this cargo (including licence 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 'Waggons entry plan' and all payments due to Railway administration shall be provided by a cargo owner (his for-warder or representative) duly and independently.
The above plan of information about delivery (confirmation) of the cargoby other transport means to be presented to the port.
3.9. The delivery of the dangerous and classified cargoes shall be performedin full conformity to transport rules, which are valid now for those cargoes.
The delivery of such cargoes to be agreed beforehand by a cargo owner (his forwarder or representative) and be permitted after receiving the port's confirmation only.
3.10. The acceptance of the goods agreed earlier for delivery should be prohibited only in cases of emergency, stipulated by MSC. Director General of the port shall inform the shippers about such prohibition, provisional ceasing or cargo restriction immediately.
3.11. Spacing and lashing of the heavy-lifts and over-sized dimensions equipment that create unit loads onto vessel's structures exceeding the permissible ones, should be done as per individual designs elaborated by a special organization and/or by carrier at a cargo owner's cost and his order.