Port Loading and Unloading Services Contract
PORT LOADING AND UNLOADING SERVICES AGREEMENT
PARTIES
On one side, ……………………………………… Port Authority (hereinafter “Port Operator” ),
On the other side, ……………………………………… Shipping/Shipowner Company (hereinafter “Carrier” ).
ARTICLE 1 – SUBJECT OF THE AGREEMENT
The subject of this agreement is the loading, unloading, transfer, and storage of vessels belonging to the Carrier by the Port Operator at the port, and the determination of the terms and conditions of these services.
ARTICLE 2 – SCOPE OF SERVICES
2.1. Loading and unloading operations are carried out in accordance with the port's technical capacity and international maritime standards.
2.2. The Port Operator undertakes the safe transportation and storage of cargo.
2.3. The carrier is obliged to provide accurate information about the type, weight, characteristics of the cargo, and whether it contains hazardous materials.
ARTICLE 3 – REMUNERATION AND PAYMENT
3.1. The service fee is calculated at ………… USD/ton based on the tonnage unloaded or loaded from the vessel.
3.2. Storage service is charged separately at ………… USD/m² per day.
3.3. The service fee is payable within ………… days of the invoice date.
3.4. In case of default, default interest will be applied at a rate of ………… per month.
ARTICLE 4 – OBLIGATIONS OF THE PARTIES
4.1. Port Operator's Responsibilities:
-
Taking safety measures in accordance with International Maritime Organization (IMO) rules,
-
To exercise due care to prevent damage during the handling of goods,
-
To have the necessary equipment for loading and unloading readily available.
4.2. Carrier's Obligations:
-
To ensure the ship docks at the port on time
-
To accurately and completely declare the characteristics of the cargo,
-
To complete the necessary customs and administrative procedures.
ARTICLE 5 – LIABILITY AND COMPENSATION
5.1. The port operator is responsible for any damage or loss to the cargo caused by their own fault.
5.2. The carrier is responsible for any damage arising from misrepresentation or mispackaging.
5.3. In cases of damage caused by the negligence of either party, the entire damage shall be borne by that party.
ARTICLE 6 – DURATION AND TERMINATION
6.1. This agreement is valid for a period of ………… years starting from ………… date.
6.2. If either party breaches the terms of this agreement, the other party may terminate the agreement by giving written notice ………… days in advance.
ARTICLE 7 – RESOLUTION OF DISPUTES
The provisions of the Turkish Commercial Code relating to maritime trade shall apply to the resolution of disputes arising from this agreement.
The Istanbul Maritime Specialized Courts shall be designated as the competent courts.
PORT OPERATOR CARRIER
Name – Signature Name – Signature
YAĞMUR YORULMAZ, LAW FACULTY STUDENT
