ANNEX 1. The main cargo transport and forwarding conditions in the Sea Commercial port of Mariupol
7.1. Should a cargo owner / his forwarder doesn't make payment of the port's issued invoices and substantiating documents enclosed and doesn't satisfy port's claims either, the latter makes deduction of the cargo in accordance with the Civil Code of Ukraine, Clause 7, Chapter 49. Storage expences of the deducted cargo are for a cargo owner's account. The lien should cover all port'd demands to the full amount including the reimbursement of all losses of the port due to a cargo owner's late execution of the agreement as well as the expenses for the storage of the cargo being in lien, commissions and 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 a 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 a cargo owner (his representative or forwarder). The port shall not be liable regarding both the cargo sold and the documents after submitting to a cargo owner (his representative or forwarder) of the report about the balance of the funds excluding port's expences connected with this cargo, as well as a cargo owner's debts 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 the goods on mortgage;
- 7.6.2. after loss of the cargo on mortgage at the port's 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 a cargo owner (his representative or forwarder) of the guarantee properly issued or a warranty of the third part.
8.1. Calculation of the port dues shall be carried out in accordance with the Decree of the Council of ministers of Ukraine No. 1544, dated 12.10.2000, the Orders of Ministry of transport of Ukraine No. 711, dated 15.12.2000, and No. 188, dated 12.03.2003.
8.2. The cargo owners / their forwarders should make timely (within 10 banking days maximum) payments of the port’s invoices covering all the works and services rendered by the latter. Make the reimbursement of the losses caused to the port due to the cargo own-ers’ (his forwarders’) fault and pay penalty stipulated by the agreement for the overdue payments of the port’s invoices as well. Pay penalties independently to the railways and demurrage to the ship- owners due to the wagons and vessels demurrage besides those ones occurred through the port’s fault. Should not all the cargo be delivered to the port as per monthly scheduled plan due to the cargo owner’s fault, the port has the right to demand from a cargo owner the payment of 50 % of the cost of handling operations for the undelivered cargo.
8.3. The port is responsible for the shortages, damages, re-assorting of the goods due to its fault in the amount of the actual damage and for the demurrages and damages of the wagons, vessels and their equipment through his fault or negligence as well.