ITEM 105 - Consent to Tariff

Any use by any patron or customer of any facility of service of the TERMINAL shall constitute separate contracts. Any such use shall constitute prim facie evidence of any agreement on the part of said patron both to pay all charges specified herein and to be governed by all rules and regulations contained.

 

ITEM 110 – OPERATOR may revise Tariff

OPERATOR reserves the right, at its sole discretion, to revise rates and charges from time to time. Except in emergencies or extreme situations, thirty days’ notice will be given for changes in rates ad charges herein.

 

ITEM 115 – Fleeting

TERMINAL does not have fleeting areas for barges except under its crane for loading and unloading. All barges handled shall be placed in CARRIER fleeting area and shall be subject to applicable fleeting and shifting charges of CARRIER or OPERATOR.

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ITEM 120 – Shipments in Bond

Patrons shall give ten days advance notice of any shipments or barges moving under U.S. Custom Bonds. TERMINAL will act as agent for customs clearance by prior shipments.

 

ITEM 125 – Instructions

The TERMINAL patron (directly or through CARRIER) shall furnish TERMINAL a copy of shipping instructions: a barge plan (when necessary), rail car loading plan, or other acceptable documents describing freight in shipments and shipment at point of origin. These must include weights, consignees, and destinations. In any event, such documents must be furnished 96 hours prior to the placement of freight at the TERMINAL for handling of freight. resulting from the failure of the TERMINAL patron must furnish such documents.

 

ITEM 130 – Payment of Charges

Unless proper credit arrangements have been made with the TERMINAL, all charges under the provision of the tariff become due and payable upon completion of service performed. A service charge of 1.5% per month will be added to all balances more than 30 days old (Annual percentage rate of 18%).

 

ITEM 135 – Liability

In the loading, unloading, rehandling, storage, and care of freight and floating equipment or railcars received at the TERMINAL, the TERMINAL shall be liable only for such loss or damage as results from the sole negligence of the TERMINAL or its employees. All risk of loss or damage from other causes including, but not limited to the following: corrosion, flood/water damage, or contamination shall be the responsibility of the SHIPPER and/or OWNER. All applicable claims for loss or damage at the TERMINAL must be filed within 30 days.

 

ITEM 140 – Holiday and Overtime Charges

The transfer charges specified in this TARIFF are applicable only between 7:00 a.m. and 3:00 p.m., Monday through Friday, except for the holidays identified by the TERMINAL. Handling of freight at any other hours or days, at the patron’s request, will be charged as follows:

• Monday through Friday (except identified holidays) after 3:00 p.m. at a rate of 1 ½ times the transfer charges specified in ITEM 175.

• Saturdays, all hours (except identified holidays) at a rate of 1 ½ times the transfer charges specified in ITEM 175.

• Sundays and identified holidays, all hours at a rate of double the transfer charges specified in ITEM 175.

• Patrons desiring freight to be handled outside of scheduled work hours or workdays shall arrange for such handling in advance in writing to the TERMINAL. If the TERMINAL traffic volume warrants, the TERMINAL may elect to work more than one shift, in which case the regular changes in ITEM 175 will apply.

 

ITEM 145 – Commodities handled only by prior arrangements

Certain commodities will not be accepted for handling at the TERMINAL except when agreed arrangements are made with the TERMINAL in advance of the shipment leaving the point of origin. If required, coordination with the Louisville Riverport Authority (“LRA”) will be conducted by the TERMINAL. Certain commodities are as follows:

• Commodities having an offensive odor or liable, by their nature, to injure other freight

• Dangerous chemicals/cargo

• Empty containers previously filled with gasoline or other dangerous liquids

• Perishable freight including all commodities that must be protected from heat or cold

• Hazardous commodities are prohibited

 

ITEM 150 – Blocking, bracing, or dunnage

Where barges arrive without proper separation or dunnage, or where normal handling methods may not be used, rates herein will not apply. Specific agreements will be reached prior to unloading. Materials required for blocking, bracing, or dunnage necessary in the loading of trucks or barges shall be furnished by the party for whom the work is performed. If furnished by the TERMINAL, the charge for the same will be the actual cost of materials plus 30%.

NOTE: The TERMINAL will quote specific costs on special work provided the SHIPPER submits complete specifications.

 

ITEM 155 – Heavy lift restrictions

Lifts per piece or package, including special rigging, weighing more than 30 tons will not be accepted for handling, unless arrangements are made with the TERMINAL in advance.

 

ITEM 160 – Articles over forty (40) feet in length

Except as noted in ITEM 175, articles exceeding 40 feet in length will not be handles at charges named herein. Rates will be quoted when prior arrangements are made with the terminal in advance of shipment from point of origin.

 

ITEM 165 – Mixed shipments of freight loaded in one barge or truck

Transfer charges on mixed shipments of freight loaded in one barge or truck from one consignor to one consignee shall be assessed on the actual weight of each commodity in the mixture at its respective transfer charge as shown in ITEM 175.

 

ITEM 170 – Sorting and segregation of freight

Terminal transfer charges published herein do note include any special segregation or sorting of freight as to kinds, marks, brands, sizes, grades, or other identification. If the terminal is requested by the SHIPPER or consignee to do such segregation or sorting, a charge will be quoted on request. Charge shall be in addition to the terminal charges in ITEM 175.

 

ITEM 175 – Transfer charges

Except as otherwise specifically provided in this tariff, unloading or transloading will be performed at the charges named herein. In instances where dual handling is required for reasons not attributed to the TERMINAL, the charges will be quoted upon request. If delays are encountered, crane charges of $1000 per hour shall be assessed. If excessive delays result, barge or trucks shall be shifted out and additional placement charges will apply. Terms, conditions, and rates are valid until revoked and new rates are published. Rates are based upon a barge or railcar load of a particular commodity.