Section 880-RICR-00-00-3.7 - Insurance Not Included, Penalties, Payments, and Liability3.7.1 Insurance Not IncludedThe charges provided for herein do not include insurance of any kind, nor will such insurance be covered by the QDC under their policies.
3.7.2 PenaltiesA. Failure to Depart Berth - Penalty for noncompliance with the berth assignments, § 3.6(C) of this Part, will be $100.00 per hour for each hour that a vessel remains berthed, from the time specified by the QDC, if the vessel or its agent has been given a minimum of three (3) hours advance notice.B. Spill - Penalty for spills of fluids deemed pollutants will be $1,000.00 per incident assessed against the vessel for each violation noted by the QDC, plus the cost of clean-up by a contractor designated by the U.S. Coast Guard and/or the QDC.3.7.3Payment of InvoiceA. Arrangement for Services - On each inbound or outbound cargo moving across Port of Davisville, the responsibility for payment of Port Schedule Charges shall rest with those who perform the forwarding functions on such shipments unless other arrangements have been made.B. Arrangements for Vessels - The responsibility for Port Schedule Charges assessed against a vessel shall rest with the local agent and/or owner of such vessel, unless other arrangements have been made.C. Access to Information - Vessels, their owners and agents, and other users of the QDC facilities shall be required to permit access to manifests, loading or discharge lists, rail or motor carrier freight bills, or other pertinent documents for the purpose of audit to determine the correctness of reports filed, or for securing data to permit correct billing of charges. Failure to furnish the required documents will result in waiver of free time and immediate assessment of wharfage charges based on 110% of applicable charges.D. Payment of Invoices - Invoices are due and payable within 10 days from date of invoice. Invoices not paid within 30 days from date of invoice are subject to a 1.5% service charge per month. Credit card payments will be assessed an additional 5% fee, per transaction.E. Advance Payments - The QDC reserves the right to estimate and collect in advance all charges, which may accrue against vessels or against cargo loaded or discharged by such vessels or from other users, of waterways and port facilities whose credit has not been properly established with the QDC. Use of facilities may be denied or cargo removed from storage until such advance payments or deposits are made.F. Liens - Presentation of bills to vessels is done as a matter of accommodation and convenience, and shall not constitute a waiver of the lien of charges against the vessel for services or supplies furnished the vessel for which maritime law gives a lien. G. Responsible Party - The QDC does not recognize the numerous shippers or consignees and cannot attempt to collect or assist in collecting wharfage and similar bills which may be passed on to the shippers and consignees by the vessel, its owners and agents. Charges when presented must be paid by the ship's owner or the agent regardless, or when the vessel, its owner, or agents are reimbursed.H. Application of Payments - The QDC reserves the right to apply any payment received against the oldest outstanding invoice. The carrier, vessel, owner, shipper, receiver, or agent who shall fail to pay any bills when due shall be placed on the delinquent list, conditions of which are defined in §3.7.3(I) of this Part.I. Delinquent Payments - All carriers, vessels, owners, agents, or other users of the facilities of the QDC placed on the delinquent list, in accordance with §3.7.3(H) of this Part, shall be denied by the QDC use of the facilities or the right to remove cargo from storage until all such charges, together with any other charges due, have been paid.3.7.4 Limits of LiabilityThe QDC is not liable for costs incurred by users due to labor stoppages, slowdowns, or delays caused by Port-owned equipment failures. No provision contained in this schedule, however, shall limit or relieve the QDC from liability for its own negligence, nor require any person, vessel, or lessee to indemnify or hold harmless the QDC from liability for its own negligence.
880 R.I. Code R. 880-RICR-00-00-3.7