This Manual is drafted in accordance with regulatory requirements, primarily in line with the demands of the Berth Usage Regulations and identifies the services provided by TERMINAL PACIFICO SUR VALPARAISO S. A., hereinafter TPS, establishing the rules and procedures followed in its services, as well as by their users.
In accordance with regulatory provisions, the Manual may be modified at any time, subject to EPV approval and the publication and validity periods set forth in the RUFA, in order to account for the evolution of needs within the framework of the Terminal's future development and modernization.
Unless the context clearly indicates otherwise, the following words and phrases have the meanings specified below:
Storage: refers to the permanence of cargo under the custody of TPS as a warehouse keeper, when it provides the service in the facilities enabled for this purpose.
Warehousing or Stacking: means the permanence and custody within TPS of import, export or other cargo, subject to customs destination, including all resources and activities necessary for the provision of such service.
Mooring: shall mean the operation consisting of securing the vessel to the berth concessioned to TPS by means of lines, chains or cables, including all land-based resources and activities necessary for the provision of such service.
Stacking Areas: means the container storage area within TPS.
Stowage: means the stacking of cargo in the storage location.
Common Goods: shall mean the infrastructure works located within the Port, which serve all operators in the Port indiscriminately, intended to provide sheltered water areas and to provide common services, such as circulation routes, access roads or entrance gates.
Direct Cargo: is pre-cleared cargo registered for direct withdrawal from the stacking area upon payment of customs duties.
Project Cargo: All types of cargo that require highly specialized personnel, high-capacity lifting equipment, specially designed tools for each operation, use of special communication means, analysis and contracting of coverage.
Indirect Cargo: is cargo that, after being unloaded, remains stored in covered or uncovered areas within TPS.
Dangerous Cargo or Substance: That which, due to its nature, produces or can produce momentary or permanent damage to human, animal or plant health and to material elements such as installations, machinery, buildings, etc.
Loading: shall mean taking the cargo from its Warehousing or Stacking or Commercial Deposit location, moving it and placing it on a land transport vehicle, including all resources and activities necessary for the provision of said service.
Commercial Deposit: shall mean the permanence and custody within TPS of cargo not subject to customs destination, including all resources and activities necessary for the provision of such service.
Unstacking: is the dismantling of cargo from its storage piles for delivery to the client or for shipment.
Unmooring: shall mean releasing the lines, chains or cables that secure a vessel to the TPS concessioned berth, including all resources and activities necessary for the provision of such service.
Unloading: shall mean taking the cargo from a land transport vehicle, moving it and placing it in its Warehousing or Stacking or Commercial Deposit location, including all resources and activities necessary for the provision of said service.
Discharge: shall mean the transfer of cargo from the deck or hold of a vessel to the berth, and shall include all resources and activities necessary for the provision of such service.
Unstowing: shall mean the unstacking of cargo inside the holds of a vessel or on its deck, including all resources and activities necessary for the provision of such service.
Unlashing: shall correspond to the release of cargo from the elements that secure it on the vessel and shall include all resources and activities necessary for the provision of such service.
Business Day: shall mean any day that is not a Saturday, Sunday or legal holiday in the Republic of Chile.
Deferred Direct: shall mean the process of anticipated withdrawal of cargo once its discharge is completed, upon registration, notification by the client and planned delivery according to schedules established by TPS.
Dollar and US$: mean the legal tender currency of the United States of America.
Minor Vessels: are, for the purpose of applying this manual, all naval artifacts duly enabled by the applicable regulations for this purpose and whose dimensions in no case exceed or equal a length of forty meters; in particular, those listed below:
a. Schooner or fishing vessel: is a vessel that, being duly accredited by the Maritime Authority as exclusively destined for fishing activity, has a length of less than or equal to forty meters.
b. Tugboat: a vessel specially built to tow vessels and/or naval artifacts, which may be:
i. Port tug, to assist with berthing, unberthing, dry-docking and other operations.
ii. Ocean-going tug, for salvage or simply to provide large tows to vessels or naval artifacts that are without command or self-propulsion.
c. Dredger: a vessel specially arranged and with means to clean the seabed, which may be equipped with self-propulsion systems.
d. Bay Traffic Vessel: a vessel primarily intended for the service of passengers and elements between the pier or other port facility and vessels anchored in the bay.
e. Recreational and/or sports vessel: a naval artifact equipped with sails or an engine enabled for the development of nautical sports and recreational activities.
f. Scientific Vessel: a vessel or naval artifact intended for scientific research, qualified as such by the Maritime Authority.
Shipment: shall mean the transfer of cargo from the berth to the interior of the holds or deck of the vessel, including all resources and activities necessary for the provision of said service.
EPV: is Empresa Portuaria Valparaíso.
International Industry Standards: shall mean those practices and procedures generally employed in the port industry throughout the world by diligent and prudent port terminal operators under conditions and circumstances similar to the relevant conditions and circumstances existing at TPS.
Stowage: shall mean the stacking of cargo inside the holds of a vessel or on its deck, including all resources and activities necessary for the provision of said service.
Services Manual: shall mean the manual prepared by TPS in accordance with Article 16 of the Berth Usage Regulations.
Commercial Vessels: shall be understood as commercial vessels all those that are enabled for the transport of cargo and passengers or naval artifacts in general and which require cargo transfer, passenger, fuel supply or provision services of all kinds.
Legal Norms: shall mean any law, statute, ordinance, code, regulation, administrative resolution, judicial order, order, decree, municipal decree, enforceable judgment, decision of any governmental authority or any binding agreement with any governmental authority.
Peso: means the legal tender currency in force in the Republic of Chile.
Haulage: shall mean any movement of cargo carried out within TPS, including all resources and activities necessary for the provision of said service.
Import Haulage: consists of the movement of cargo within the berth from alongside the vessel and stacking in the storage location.
Export Haulage: consists of the unstowing of cargo from client vehicles, reception of cargo in stacks and its subsequent movement to alongside the vessel.
Shipping Planning: is the unit dedicated to the assignment and scheduling of vessels within the TPS berths.
PPI: means the United States Producer Price Index for Finished Goods, Not Seasonally Adjusted, published monthly by the Bureau of Labor Statistics of the United States Department of Labor.
Port: means the Port of Valparaíso, located in the Republic of Chile, as defined by Supreme Decree N°40, of March 12, 1998, of the Ministry of Transport and Telecommunications and published in the Official Gazette on June 18, 1998, and its subsequent modifications.
Berth Usage Regulations or "RUFA": shall mean the regulations established in June 1999 and their subsequent modifications.
Basic Services: are the services for which Basic Rates are charged, which include Cargo Transfer and the provision of certain infrastructure at the Berth.
Liner Service: A regular liner service consists of the maritime transport of goods, in vessels belonging to one or more shipping lines, which travel along known routes and call at the ports that make up said routes with a certain periodicity.
Special Services: shall mean any service, other than the Basic Services, provided by TPS to one or more Users, and for which TPS has the right to charge an amount or rate different from the Basic Rate.
Tanktainer: Is a type of container used for bulk liquid transport. It consists of a tank contained within a series of steel beams that define a cuboid whose dimensions are equivalent to those of a "Dry van". In this way, the tank enjoys the inherent advantages of a container: they can be stacked and travel by any of the typical means of intermodal transport.
Rates: shall mean the amounts expressed in dollars that TPS may charge users for the provision of the services it provides.
Basic Rates: shall mean the amounts expressed in dollars that TPS may periodically charge Users for the provision of Basic Services, and which are specified separately as TTC (Cargo Transfer moved in containers), TTF (Cargo Transfer not moved in containers), TMC (use of Berth infrastructure and accessories) and TMN (Vessel Occupancy Time, which TPS may charge vessels or their representatives for the use of Berth infrastructure and accessories).
Terminal Pacífico Sur Valparaíso S. A.: is the public limited company concessionaire of the Terminal comprising Berth Nº1 of the Port of Valparaíso, hereinafter TPS. TPS may charge vessels or their representatives for the use of TPS infrastructure and equipment, as well as for the services provided by it.
TEU: shall mean the unit equivalent to a twenty (20) foot container.
Waiting Time: with respect to any vessel, shall mean the period, measured in hours (or fractions thereof), that begins on the date and time for which the vessel's representative has requested its berthing, in accordance with the procedures established by TPS in the Services Manual, and that ends on the date and time when the first line of such vessel is moored to TPS.
Occupancy Time: with respect to any vessel, shall mean the period during which such vessel remains at TPS, which begins at the moment such vessel moors its first line upon berthing at TPS and ends when the vessel releases its last line upon unberthing from the berth.
Maximum Occupancy Time: shall mean, with respect to any vessel receiving Cargo Transfer services at TPS, the Maximum Occupancy Time with respect to such vessel, calculated in accordance with the formula established in the Indicator Verification Manual.
Ton: shall mean a metric ton.
Tonnage: shall mean the total weight in Tons, subject to Cargo Transfer.
Gross Register Tonnage: with respect to any vessel, shall mean the volume, expressed in Tons of 100 cubic feet of all interior spaces of the ship, vessel or naval artifact, including all spaces below the tonnage deck and permanently enclosed spaces above said deck.
Cargo Transfer: shall mean the set of activities of Mooring or Unmooring, Stowage or Unstowing, Lashing or Unlashing, Loading or Discharging, Haulage, Loading or Unloading to land transport vehicles, Warehousing, Stacking or Commercial Deposit, the issuance of documents that record the receipt and dispatch of cargo, including its administration and management, and shall include all resources and activities necessary for the provision of said services; it being understood that in the case of Warehousing, Stacking or Commercial Deposit, these services shall include:
a. In the case of Shipment, seventy-two (72) hours before the mooring of the vessel that will receive such cargo plus the Occupancy Time of the same and
b. In the case of Discharge, the Vessel Occupancy Time in the case of bulk discharge or twenty-four (24) hours from the Unmooring of the vessel, in the case of other types of cargo.
Lashing: shall mean the securing of cargo on the vessel, and shall include all necessary resources and activities that, according to International Industry Standards, should be provided for the provision of such service.
Users: shall mean the entities that use the Basic Services and Special Services offered at TPS.
VGM: Corresponds to the Verified Gross Mass (VGM) of a container, calculated and certified in accordance with Rule Number 2 of the SOLAS convention and D.G.T.M Circular O-22/021 in this regard.
Vessels, boats or naval artifacts requiring the use of Berth Nº1 facilities must have an agent or representative, in accordance with the provisions of the Navigation Law. It is the Ship Agent or duly accredited representative who is responsible for announcing the arrival of the vessels they represent.
Berths at Berth Nº1 are assigned by TPS one day prior to the vessel's arrival. Notwithstanding the foregoing, if the announced arrival time is not met within six hours, the priority for berth assignment will be according to the berth prioritization established in point 4.2 of this Manual and in accordance with the provisions of Articles 31 onwards of the RUFA, referring to Vessel Attention.
TPS reserves the right to weigh or measure cargo when deemed necessary, as well as to verify its weight or volume through the relevant commercial documents supporting the cargo. However, Shipowners, Ship Agents or their representatives must record these details in the respective Cargo Manifest. When the weight or volume is not indicated or not duly recorded, TPS will weigh or measure the cargo for billing its services. In the case of container tare, TPS will apply the weights defined by the ISO CODES.
The services referred to in this Manual will be carried out in accordance with the specific rules and schedules set forth in this Manual for the different services.
The billing units to be applied will be established in the commercial agreements or contracts signed with clients for each of the rates in this manual. The collection of basic rates may not exceed the maximum rates established values.
Services rendered will be paid in US dollars or their equivalent in national currency, considering the observed dollar set by the Central Bank or the entity that fulfills such function, at the time of invoice issuance.
Unpaid invoices will be surcharged after the due date with the interest rates set by Law N°18.010, for the entire period of delay, without prejudice to any actions or rights exercised to obtain full payment of the outstanding amount. Non-payment of invoices before the due date will accrue current interest for the first 30 days. After this period, the maximum conventional interest authorized by law will be applied for the entire period of delay (Art. 6 Law 18.010).
Users who do not pay invoices before the due date indicated therein may have their services suspended. TPS may suspend services to a delinquent user from the invoice due date.
For billing purposes of wharfage service for full containers, the "VGM" registered in accordance with current regulations is established as the billing basis. If no "VGM" exists, billing will be based on the declared gross weight.
For empty containers, the tare weight constitutes the billing basis, while for general cargo, the declared weight is considered.
Invoices must be paid prior to the provision of the service. TPS may grant credit to its clients based on the guarantees they provide. The amount of these guarantees will correspond to the estimated possible billing value by TPS for each client during the guaranteed period plus 10%.
The following means are established as a notification system for clients regarding their billing:
TPS will provide the services referred to in this Manual under the terms regulated therein. Consequently, clients requiring its services are subject to its established rules, deadlines, and rates. In matters not covered by this Manual, TPS and clients will be governed by private law regulations issued on the matter.
For their part, Clients and Users who require services have the right to demand that their provision be carried out in accordance with them.
For billing the services provided by TPS, the decimal metric system will be used, except for Basic Services which maintain billing units in USD per TEU (20 ft container) and USD per Ton. In those services whose nature allows it, the terminal will apply its rates based on the unit of weight or volume; its minimum charge will be the metric ton or the cubic meter, indivisible, depending on the unit adopted. Fractions above these minimums will be rounded up to the next ton for weight units, and to the next cubic meter for volume units.
Claims presented by clients or users to TPS regarding the application of rates and regulations for the services it has provided will be resolved by the Commercial or Administration and Finance Manager. In case of disputes, users may resort to the instance established in Article 56 of the RUFA.
TPS will bill a minimum of US$ 21 for those services not defined as Basic Services or Special Services.
The regulatory, operational, tariff, and administrative provisions contained in this manual will operate by full right in those services specifically provided by TPS.
Services will be charged to all clients and/or Users operating at the Terminal, without discrimination of any kind, and their payment is mandatory under the terms established herein. However, the value of the Rates and their application may be modified as a result of reasoned agreements celebrated between TPS and its clients based on objective and non-discriminatory criteria such as volume, types of cargo, number of calls per period, permanent itineraries, etc. These provisions complement what is established in point 3.1.5 above.
Clients and Users will be free to contract the services provided by the Company.
TPS will establish the requirements it deems convenient for the safety of people and cargo. Clients will be responsible for adopting all measures conducive to satisfying said requirements. TPS will also establish the requirements necessary to maintain and develop the operational efficiency of the ports.
Within the framework of the foregoing, the use of a safety helmet and reflective vest will be mandatory for all persons entering TPS, with the exception of those going to the central offices. Persons directly involved in loading and unloading operations, in addition to the above, must wear safety footwear.
Any person entering the TPS facilities must comply with the provisions adopted by TPS related to compliance with the ISPS Code (International Ship and Port Security).
Without prejudice to the responsibility of Shipowners or their representatives, ship agents will be directly liable to TPS for damages caused by the vessels they represent.
The entry of persons, vehicles and equipment into TPS is subject to its prior approval.
Any natural or legal person circulating within TPS will be responsible for damages caused by their fault or by that of their Agents or dependents, to persons, docks, installations or equipment, or to goods or merchandise deposited under the responsibility of TPS in its facilities. The foregoing is without prejudice to the insurance policies that TPS deems pertinent to request as a guarantee thereof. The amount and type of policies that TPS may eventually request will be in accordance with the operational needs, risks and duration of the work to be carried out.
Law N°20.393 on Criminal Liability of Legal Entities established the criminal liability of legal entities for corruption offenses established in this Law and any other offense that may be incorporated in the future.
In compliance with its management and supervision duties, TPS has implemented a "Crime Prevention Model". In consideration of the foregoing, TPS expressly prohibits any conduct that may lead to the criminal imputation of the Company under Law N°20.393 on Criminal Liability of Legal Entities, for acts committed by those who carry out administration, supervision and any collaborator of TPS or external party representing it. Likewise, it includes natural persons who are under the direct direction of any of the aforementioned subjects and in general all TPS collaborators.
