Berth assignment is totally at the discretion of the Authority. In the cases of inclement weather, actual or pending, the Authority may refuse to berth a vessel. Unless excepted elsewhere in this schedule, vessels shall submit to the Facility Logistics Department both a signed berth application and the U.S. Coast Guard mandated Notice of Arrival, along with the following documents:
The above documents are subject to renewal at facility's option if vessel has not commenced loading or unloading within seven days from acceptance of original signed application for berth and Notice of Arrival (NOA).
The elevator operator, in its sole discretion, may change the turn of vessels in berth or waiting to berth when confronted by an urgent need to receive or ship a particular grade or type of cargo, to facilitate condition at the dock; or when the elevator operator determines that there is not on hand in the elevator stocks of the proper quantity or grade of the cargo to load the vessel without delay to the vessel or to the elevator. Any vessel ordered to vacate a berth for any of the foregoing reasons will return to berth after the vessel loading or unloading immediately thereafter, if any, completes loading or unloading or vacates the berth for other reasons, provided the aforesaid circumstances requiring the vessel to vacate the berth are found by the elevator operator no longer to exist.
The elevator operator, in its sole discretion reserves the right to require continuous loading or unloading of the cargo by vessels through twenty-four hours per day, and may require vessel to work overtime at vessel's expense.
Any vessel then in berth which refuses to work overtime shall vacate the berth on order of the elevator operator. A vessel losing its right to berth by refusal to work overtime shall lose its turn in favor of the next vessel that is willing to work overtime, which vessel shall retain the berth so long as it is willing to work successive straight time and overtime periods until loading or unloading is completed. The vessel so losing its turn shall be entitled to the berth first available thereafter, subject to the same overtime provisions set forth above if the circumstances requiring overtime work are then found to exist by the elevator operator.
Assignment of berth and dockage charges are predicated upon vessel's continuous readiness to load or unload the cargo at full normal rate throughout the entire time in berth. Should vessel, while in berth, fail to maintain such continuous readiness, vessel shall vacate the berth on order of the elevator operator.
When reference is made in this schedule to "holidays", it means the following days:
When one of the above holidays falls on Sunday, the following Monday will be observed. When one of the above holidays falls on Saturday, the preceding Friday will be observed.
Cargo will be received, stored and handled in the facility, subject to the stipulated regulations and rates named herein. All rates and charges shown in this schedule cover work performed on straight time basis: overtime work will be performed at the rates provided for in Rule 34-320 or by special arrangements.
All quantity and related quality of bulk commodities that licensed third party inspections or examinations and/or in the determination of verifiable audit reports by Authority auditors, are considered "overages" within the facility, shall be the property of the Georgia Ports Authority, and the Authority shall retain the exclusive right to offer such appropriate commodities to the market for sale, retaining proceeds for its account.
"Tailings, screenings, cleanings" including dust and breakage resulting from special services ordered by customer, performed by facility and charged according to this tariff, shall be the property of the Georgia Ports Authority, with the Authority retaining the exclusive right to determine the most appropriate method for disposal of said commodities, including offering all or part for sale. Proceeds from such sales and/or disposal fees shall be for the account of the Authority.
A facility handling shrinkage assessment of 1/2 of 1% (.005) shall be applied to the incoming weight on all agricultural commodities received, except rice which shall have a shrinkage assessment of 1% (.01).
An additional moisture shrink shall be applicable to all bulk agricultural commodities, assessed on inbound receipts containing moisture deemed "excessive" by Elevator management, with prior notification by FAX, e-mail or in writing to shipper customers.
The Elevator Management reserves the right to refuse any agricultural commodities, which in its opinion are unmerchantable or in a condition not suitable for storage, transfer, or handling. The primary purpose of the Elevator is to facilitate the import and export of agricultural commodities by providing the service of loading and/or unloading/discharging of such commodities from/to railcars, trucks, and water conveyances. Storage in the Elevator is only for the positioning/consolidating of such commodities for immediate/impending vessel execution. Therefore, management reserves the right to preferentially unload those railcars and/or trucks for which outward shipping space has been engaged and is available for loading. The Elevator is not intended for long-term (defined as over 45 days) storage without prior written approval of Management. In the event any commodities remain in store after 45 days, management reserves the right to remove such, without prior notice, to prevent or alleviate congestion. All expenses for such removal shall be for the account of the owner.
In furnishing the services provided for herein, the Facility assumes no responsibility whatsoever for demurrage or additional switching on railcars, or detention on trucks.
Customers and agents must receive advance approval in writing via fax or e-mail from the facility logistics department prior to ordering any agricultural commodity to be unloaded or loaded.
The recognized working hours shall be from 8:00 AM (0800) to 4:00 PM (1600) Monday through Friday, holidays excepted.
All other hours are considered as overtime hours, and charges shown in Rule 34-325 will be assessed accordingly.