SUBRULE 1: DEFINITIONS AND ABBREVIATIONS
A. The following terms are defined as follows wherever used in this tariff.
(1) Agent or Vessel Agent: The party or entity which submits the application for berth.
(2) Day: A consecutive 24-hour period or fraction thereof.
(3) Dockage: A charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel so berthed.
(4) Free Time: The specified period during which cargo may occupy space assigned to it on terminal property free of wharf demurrage or terminal storage charges immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel.
(5) Freight Handlers: Those loading and unloading within the facility including Licensed Freight Handlers.
(6) Greens Port Terminal: The specified area within Greens Port Industrial Park designated the Terminal which includes the Wharf and immediate adjacent acreage as defined by the Terminal Manager.
(7) Handling: The service of physically moving cargo between point of rest and any place on the terminal facility, other than the end of ship's tackle
(8) Holidays: As applied within this tariff, the term "holidays" may include the following named days:
New Year's Day
Martin Luther King, Jr.'s Birthday
Presidents' Day (3rd Monday-Feb)
Texas Independence Day
Holidays falling on Sunday will normally be observed the following Monday.
(9) Licensed Freight Handler: Specifically designated freight handlers (or Stevedores) approved and authorized by the Terminal manager to perform services at the Wharf or within the Terminal.
(10) Liner Service: Vessels making regularly scheduled calls as determined by THE Terminal Manager for the receipt and delivery of cargo and passengers at this port.
(11) Loading & Unloading: The service of loading or unloading cargo between any place on the terminal and railroad cars, trucks, or any other means of land conveyance to or from the terminal facility.
(12) Marginal Tracks: Railroad tracks on the wharf apron within reach of ship's tackle.
(13) Navigation District Or Port Authority: Reference herein to the "District" or "Navigation District" or "Harris County-Houston Ship Channel Navigation District" or "Port Authority" means the Port of Houston Authority.
(14) Pallet: The term "pallet" when applicable in this tariff in connection with unit loads, means expendable pallets constructed in such a manner to permit normal handling with forklift trucks and without damage to the cargo.
(15) Point of Rest: The area of the terminal facility which is assigned for the receipt of inbound cargo from the ship and from which inbound cargo may be delivered to the consignee and that area of the terminal facility which is assigned for the receipt of outbound cargo from shipper for loading of vessel
(16) Shed and/or Wharf Use Hire: A charge assessed against a vessel for loading or discharging cargo, and utilizing either a wharf shed or sheds and/or wharf for assembly or distribution of 100 tons or more of such cargo.
(17) Shipside: The location of cargo within reach of ship's tackle or in berth space, in accordance with the customs and practices of this port.
(18) Terminal: Greens Port Terminal.
(19) Terminal Charges: A charge applying to automobiles, trucks, and utility vehicles, moving across public wharves.
(20) Terminal Manager: The individual designated to manage all activities at Greens Port Terminal.
(21) Terminal Storage: The service of providing warehouse or other terminal facilities for the staging of inbound or outbound cargo in transit after the expiration of free time, including wharf storage, shipside storage, closed or covered storage, opened or ground storage, bonded storage, and refrigerated storage, after storage arrangements have been made.
(22) Transshipped Cargo: Cargo landed from a vessel and reloaded on a vessel without being removed from the wharves.
(23) Ton: A unit of weight of 2,000 pounds.
(24) Unitized: The term "unitized" when applicable in this tariff in connection with loading and unloading, means shipments of commodities, either pre-palletized, skidded, crated, boxed or conditioned to permit free access of forklift tines, so as not to require additional labor in handling.
(25) User: A user of the facilities owned by Greens Port Terminal shall include any vessel or person using any Greens Port Terminal properties, facilities, or equipment, or to whom or for whom any service, work, or labor is furnished, performed, done, or made available by Greens Port Terminal, or any person owning or having custody of cargo moving over such facilities.
(26) Vessel: Includes within its meaning every description of watercraft or other artificial contrivance whether self-propelled or non-self-propelled, used, or capable of being used, as a means of transportation on water, and shall include in its meaning the owner and/or operator thereof.
(27) Wharf: Any wharf, pier, quay, landing, or other stationary structure to which a vessel may make fast or which may be utilized in the transit or handling of cargo or passengers and shall include other Greens Port Terminal facility areas along side of which vessels may lie or which are suitable for and are used in the loading, unloading, assembling, distribution, or handling of cargo.
(28) Wharfage: A charge assessed against the cargo or vessel on all cargo passing or conveyed over, onto, or under wharves or between vessels (to or from barge, lighter, or water) when berthed at wharf or when moored in slip adjacent to wharf. Wharfage is solely the charge for use of wharf and does not include charges for any other service.
(29) Wharf Demurrage: A charge assessed against cargo remaining in or on terminal facilities after the expiration of free time unless prior arrangements have been made for storage.
B. The following abbreviations are used in this tariff:
cts - Cents
$ - Dollar
% - Percent
(A) - Addition
(C) - Change in wording which results in neither
increase nor reduction
(I) - Increase
(N) - New Item
(R) - Reduction
Cu.Ft. - Cubic Feet
cwt - Hundred pound weight
FMC - Federal Maritime Commission
FTZ - Foreign Trade Zone
GRT - Gross registered ton
ISO - International Standardization Organization
Lbs. - Pounds
LOA - Length-over-all
MFB - Thousand board feet
MT - Metric ton
NOS - Not otherwise specified
O/T - Other than
bbl - Barrel
SUBRULE 2: APPLICATION AND INTERPRETATION OF TARIFF
Rates, rules and regulations contained in this tariff shall apply equally to all Users of Greens Port Terminal's facilities and shall apply on the effective date shown on this tariff or amendments thereto.
The use of Greens Port Terminal's facilities constitutes a consent to the terms and conditions of this tariff, and evidences an agreement on the part of all vessels, their owners and agents, and the Users of such facilities to pay all charges specified and be governed by all rules and regulations herein contained.
Greens Port Terminal reserves the right at any time or times and without notice to deny the use of its facilities to any User who or which is delinquent in payment of its accounts for more than thirty (30) days; such denial may be continued until such accounts are fully paid up and in current status. Repeat offenders may be placed on "cash in advance only" status.
Greens Port Terminal shall be the sole judge as to the interpretation of this tariff.