Extracts from Tariffs and Practice.

EXTRACTS

FROM THE LOCAL TARIFF AND PRACTICE

for the services provided by

Evergreen Group carriers via St. Petersburg, RUSSIAN FEDERATION

The present Local Tariff and Practice are applicable for the container liner services operated by Evergreen Deutschland GMBH ( EGD ) via St. Petersburg port through «Evergreen Shipping Agency (Russia) Limited» ( ERU ) acting in the capacity of the Agent under the following Bills of Lading:

• Evergreen Marine Corporation;
• Italia Marittima S.p.A.;
• Hatsu Marine Limited.

1. DOCUMENTATION:

1.1 The following documents must be presented to the corresponding ERU office within the following time limits:

1.1.1 Prior to the receiving of the documents for the release of the cargo:

• full set of the dully endorsed original Bills of Lading ( excluding the cases of the telex-release );
• Releasing Order as per stipulated form specifying the party who will be in charge of container(s) handling and will be responsible for payment of all applicable local charges connected thereto;
• Guarantee Letter as per stipulated form from the forwarder who is nominated by the consignee for handling of container(s) and who will be responsible for payment of all applicable local charges connected thereto ( excluding the cases when cargo is being released to the Port Forwarders nominated by ERU and accepted by EGD );

NOTES:

(a) The terminal is chosed by the carrier at his own consideration. The Carriers also reserve their right due to the operational demands as an exception to deliver the cargo to the terminal other than the terminal stipulated in the customer’s instructions.

 

(b) Name and particulars of the party stipulated in the Releasing Order must meet local bookkeeping rules requirements.

 

(c) Under the customer’s instructions the cargo can be released for the port forwarding formalities and further transportation from the port to the following parties:

(i) To the forwarding company nominated by ERU and accepted by EGD;

(ii) To the forwarding company that has valid liability insurance policy issued by one of the insurance companies accepted by EGD – after receiving of the corresponding confirmation from that company;

(iii) Directly to the customer or to the port forwarder chosen by the customer.

Important:

In case (iii) the customer must provide to EGD via ERU additional guarantees covering possible costs connected to the loss / damage of the container equipment, as well as other possible extra costs. The guarantees can be provided in the following forms:

• written guarantees in respect of the coverage of above mentioned costs from the loading port Agent;
• bank guarantee issued according to the stipulated form by the bank accepted by EGD and covering possible costs connected to the loss / damage of the container equipment being released to the customer, as well as other possible extra costs;
• guarantee deposit covering possible extra costs. The guarantee deposit is received by ERU in local Russian currency and is returned to the customer providing the customer has surrendered empty container without any damages and no additional extra costs have occurred.

In cases when the customer has no possibility to present above mentioned guarantees, in order to release the cargo to the alien forwarding company chosen by the customer, the customer can request ERU to arrange for remuneration in its own name, but at the expense of the customer additional insurance for the container equipment being released to the party with whom ERU does not have proper contractual relation.

 

The choice of the guarantee form rests with ERU.

2. ERU SERVICES:

2.1 For the services provided in respect of preparing of documentation that is necessary for the customer for the receiving of the goods, as well as for the assistance in the terminal services arrangements, ERU has the right to charge additional fees booked as own ERU income according to the applicable tariff.

3. CARGO RELEASE TERMS:

3.1 Cargo can be released to the customer only when the following requirements have been fulfilled prior to the release:

(a) All documents stipulated in item 1 of the present Extracts from the Local Tariff and Practice have been surrendered to the corresponding ERU office.

(b) Freight and other additional charges that have occurred by the time of the release are paid in full.

(c) ERU service fees are paid in full.

(d) The customer does not have any debts in connection to the previous deliveries.

(e) The customer has provided additional guarantees for the coverage of the possible additional costs ( if needed ).

4. FORWARDING COMPANY NOMINATED BY ERU AND ACCEPTED BY EGD:

          OOO “Trans-Business Broker”:

198035 St. Petersburg, Mezhevoi canal 5, index «ÀÕ»

TIN/ÊPP 7805290312/784501001

Tel. +7 812 335–76–90

Fax +7 812 335–76–91

e-mail: anikolaev@transbusiness.spb.ru; andronkov@transbusiness-port.spb.ru

5. INSURANCE COMPANIES ACCEPTED BY EGD AS PER SUB-CLAUSE (ii) OF THE ITEM (C) OF THE NOTES

    TO THE ARTICLE 1:

5.1 Through Transport Mutual Insurance Association ( EURASIA ) Limited ( TT-Club ).

6. BANKS ACCEPTED BY EGD FOR ISSUING OF THE BANK GUARANTEES IN RESPECT OF THE CUSTOMERS’

    LIABILITY FOR POSSIBBLE LOSS OF / DAMAGE TO CONTAINER EQUIPMENT:

6.1 ZAO KB “Citibank”.

6.2 OOO “Deutsche Bank”.

6.3 ZAO “Commercial and Investment Bank “Calyon Rusbank”.

6.4 ZAO “Dresdner Bank”.

7. OTHER CONDITIONS:

7.1 Any additional costs that may occur in the T/S port in Europe due to any reason other than the Carriers’ fault are at the risk of the customer and must be covered at his expense and/or at the expense of the cargo prior to the release.

 

7.2 The Carriers of Evergreen Group, Evergreen Deutschland GMBH and LLC «Evergreen Shipping Agency (Russia) Limited» are not liable for any justified or unjustified actions of the Customs and/or any other authorities resulting in delays in cargo pick-up from the port and/or return of empty containers, as well as for the delays in performing of the Customs formalities by the forwarder or by the Customs broker. Any extra costs resulting from such delays are at the risk of the customer and/or of the cargo, and must be paid without any acceptance in accordance with the stipulated tariffs.

 

7.3 Payments for freight and other fees and dues stipulated by the Principal, as well as for the additional Container rent and other additional costs belonging to the Principal shall be effected:— through ERU in Rubles according to the exchange rate of the Russian Central Bank on the date invoice issue plus 5 %, but is not less than exchange rate of the Russian Central Bank for 10 working days prior to the arrival of the ocean vessel to the transshipment port in Europe plus 5 %; — or in US Dollars to the account of EGD.

 

FULL TEXT OF THE LOCAL TARIFF AND PRACTICE FOR THE SERVICES PROVIDED BY EVERGREEN GROUP CARRIERS VIA ST. PETERSBURG, RUSSIAN FEDERATION, AS WELL AS THE TERMS FOR CONTAINERS’ RENT AND TARIFFS FOR THE ADDITIONAL RENT OF CONTAINER EQUIPMENT ARE AVAILABLE IN THE OFFICES OF EVERGREEN RUSSIA LIMITED UPON REQUEST.