PART II
SERVICES

A. IN RELATION TO VESSELS

12.0 APPLICATION FOR A BERTH
12.1 Notification Of Arrival

(a) The User intending to call at the Port shall comply with the policy specified in Appendix III concerning 'POLICY ON VESSEL ACCEPTANCE'

(b) The User shall provide adequate notice by using CTMS in the case of container berths and MPTS in the case of conventional cargo berths to the respective Terminal Manager of the expected date and time of arrival of his vessel and supply information relating to such vessel in the following manner:

(i) When applying for a berth for the handling of Bulk and Breakbulk cargo, the User shall give not less than forty eight (48) hours notice prior to the estimated time of arrival of its vessel; and

(ii) When applying for a berth for the handling of containers, the User shall give not less than seven (7) days notice prior to the estimated date of arrival of its vessel.

12.2 The user shall ensure that the information provided is accurate and that it is expressly agreed that by accepting and acting upon the information so provided, JPB shall not, at all material times, be subject to any liability or responsibility for any changes in the berthing schedules, delays, loss and/or damage resulting therefrom howsoever caused.

12.3 Allocation of Berths

(a) The allocation of a berth for any vessel calling at the Port is subject to the procedures and requirements as may be specified by the Terminal Manager who shall have the absolute discretion for the allocation of any berth.

(b) Allocation of berth shall be made by JPB or the Terminal Manager using the CTMS or MPTS subject to:

(i) a written application by the User by entry into or keying in of data in the appropriate forms for such services by using of the CTMS or MPTS;

(ii) receipt by the Terminal Manager, from the CTMS or MPTS, of adequate written notification of the expected date and time of arrival of such vessel. For the purpose of this paragraph, "an arrived vessel" shall mean a vessel which has entered the Pasir Gudang Port Limits within a distance of 0.50 nautical mile from the Pasir Gudang Pilot Station (Latitude 01 degree 18.9 minutes North, longitude 104 degrees. 07.2 minutes East), or anchored at one of the designated Port anchorages;

(iii) submission of a summary of the containers or cargo to be discharged or loaded accompanying the written application as stated in sub-paragraph (i) above;

(iv) in case of a container vessel, the receipt of a Berth Application (BA)by the Terminal Manager through CTMS not later than forty eight (48) hours prior its arrival;

(v) proof that any required declaration to any relevant authorities in respect of the vessel, cargo and/or container, have been duly complied with; and

(vi) any other procedures and requirements as JPB and/or the Terminal Manager may from time to time prescribe, either made by way of circulars or notices in whatever form or manner.

(c) JPB reserves the right to reject any berthing application without assigning any reason thereto.

(d) Notwithstanding anything to the contrary, JPB shall not be held responsible if for any reason or cause whatsoever not due to the fault or privity of JPB a vessel could not be berthed, at the Wharf applied for or at any other Wharf.

13.0 CLEARANCE BY GOVERNMENT AGENCIES FOR VESSEL TO BERTH AND TO DEPART
Shipping agents must submit the necessary applications to the various Government agencies, such as Customs Department, Marine Department, Immigration Department, Port Health Department, and in the case of Dangerous Goods carried onboard, to Chemistry Department, and the approval by these departments, through the Application called Vessel Clearance System (VCS), before the vessel can be berthed or depart from JPB.

14.0 VESSELS BERTHING, UNBERTHING AND ALONGSIDE
14.1 At all material times, the Master shall be and remain in command of his vessel and take all necessary steps to preserve her safety and security at his own risk and expense.

14.2 Every vessel approaching, leaving, berthed or while lying alongside the Wharf or in the Port's Lay-Up areas does so at the sole risk and expense of the Master and shall remain in the charge of the Master.

14.3 The Master shall ensure and maintain at all material times, that the vessel:-

(a) will be navigated, berthed or unberthed safely and in compliance with all relevant legislation or regulation prevailing and in accordance with JPB's operating procedures and safety requirements;

(b) will not ground while approaching, leaving or lying alongside the Wharf;

(c) will not break adrift from her moorings;

(d) will not cause any damage, howsoever occasioned, to the Wharf and to the Port premises, equipment, fendering or mooring bollards and other property belonging to the Port or to third parties during or arising from the act of berthing, unberthing or lying alongside;

(e) has been berthed alongside of the Wharf to the satisfaction of Manager;

(f) shall discharge or load her cargo or containers safely and with reasonable despatch complying with the requirement of rules made under the Merchant Shipping Convention) Act 1949, the Merchant Shipping Act 1964 and the Merchant Shipping (Load Line) Rules 1968;

(g) shall leave the Wharf when so directed by JPB or the Terminal Manager may direct the Master of the vessel which is berthed at any of the Wharf or anchored in the Port's Lay-Up areas to leave the Wharf or shift to a new position at the sole risk and expense of the Owner, Master, servants or appointed agent.

14.4 No vessel shall:

(a) lie alongside a berth after it has completed loading or discharging or the disembarkation of passengers or

(b) wait alongside a berth for goods,
unless authorised by the Terminal Manager.

14.5 JPB will provide, without prejudice to the foregoing, berthing/unberthing personnel and mooring crew at the Wharf to render assistance under instruction from Master of the vessel for the sole purpose of making fast or casting off the vessel's hawsers and mooring ropes.

14.6 Without prejudice to anything to the contrary, any services or assistance rendered by JPB to the Master and/or the vessel shall be subject to the express condition that JPB shall not be liable for any consequences (be it delay, loss, injury or damage to persons or property, direct or consequential) arising therefrom.

14.7 JPB shall not be liable in any manner whatsoever for any damage or loss to the vessel arising from any latent defects in fenders, mooring bollards or posts, nor for any improper mooring of the vessels at the Wharf whether by reason of incompetence or negligence of its officer or pilot, or as a result of insecure or improper mooring of the vessel whilst lying alongside the Wharf.

14.8 The Master shall keep JPB fully indemnified against all claims, demands, losses, costs and expenses arising from any such damage or loss either to property or persons belonging to JPB or any third party pursuant to such berthing/unberthing and loading/discharging operations.

14.9 JPB shall have the discretion to enforce security control and protective measures at the cost and expense of the Owner or Operator if JPB is of the opinion that they are necessary for the purpose of increasing the security level of any vessel or that the vessel is in breach of the ISPS Code. For this purpose, JPB shall have the right to exercise security and safety inspection of all vessels, cargo(es), personal effects and crew baggage and vessel supplies as specified under the ISPS Code.

15.0 PILOTAGE SERVICES

15.1 Navigating In Pilotage District
Every vessel, for which pilotage is compulsory as specified by the Authority from time to time, shall navigate in the pilotage district with the assistance of a pilot.

15.2 Requirement To Use JPB's Pilotage Services
Every vessel requiring pilotage for purpose of approaching or leaving or operating within the pilotage district, shall engage a pilot as provided or authorised by JPB.

15.3 Use Of Pilotage Services
Pilotage services shall be undertaken by JPB on the following terms and conditions:

(a) Pilotage services in respect of any movement of a vessel shall be deemed to commence when the pilot has boarded the vessel and to end when he leaves the vessel.

(b) The pilot provided by JPB shall be deemed to be a servant of the Master or Owner of the vessel being piloted and neither JPB nor the pilot provided shall be liable for any loss or damage occasioned by any act, omission or default of such pilot.

(c) Every vessel under pilotage shall remain at all material times at the sole risk and at the entire charge, care and expense of its Master or Owner in the same manner as if such pilotage were not compulsory or provided. The master retains full responsibility of the vessel and the Owner retains full liability for the consequences of negligent navigation.

(d) Every pilot engaged shall reserve the right to refuse to continue or undertake the pilotage services and anchor or otherwise secure the vessel under his conduct as safely as possible, if he is of the opinion that:

(i) the vessel is not fit to proceed in her existing condition, or

(ii) the vessel appears to be overloaded, and/or

(iii) due to any other reasons that the pilot deems fit.

16.0 TOWAGE SERVICES
16.1 Requirement To Use Port's Towage Services
Every vessel requiring towage for purpose of approaching or leaving or operating within JPB shall not make use of any towage services other than those provided by JPB.

16.2 Use Of Towage Services
Towage and assistance connected with the towage of vessels shall only be undertaken by JPB upon the following terms and conditions:-

(a) The towage services shall be deemed to commence when the tug leaves its base and to end when it returns to its base.

(b) The Master and crew of any tug including the Master of the tow and barge whilst performing towage services shall be deemed to be the servants of and shall be under the order and control of the Master of the vessel receiving the service, and all costs and expenses incurred for the services shall be borne entirely by Master of the vessel receiving the service.

(c) The Port shall not be liable to the User for any damage or loss. The User shall bear, pay and indemnify JPB against any damage or loss which it may suffer arising during the course of, or in connection with the towage services from any cause whatsoever including unseaworthiness, unfitness or breakdown of the tug, its equipment or towing gear, lack of fuel, stores or speed or otherwise but not including negligence at any time of JPB, its employees or agents.
Provided that such damage or loss is not caused by want of reasonable care before and at the beginning of the towage services on the part of JPB to make the tug seaworthy for the towage services.

(d) The burden of proving any such want of reasonable care as referred in the foregoing paragraph shall be upon the User and the mere fact of unseaworthiness of any kind shall not be taken to be evidence of such want of reasonable care.

(e) The Port may at any time, whether before or after the commencement of the towage services substitute one tug for another and may tow or otherwise assist in matters connected with the towage of more that one vessel at a time. The Port shall be at liberty to employ a tug belonging to other tug owners for the whole or any part of the towage services.

(f) No sum payable by the User shall be discharged or diminished by any sums recovered by JPB from its insurers in respect of the same damage or loss, and the User shall not be entitled to be subrogated to any rights of JPB or have any right of contribution from JPB's insurers.

(g) In the event of JPB employing a tug belonging to other tug owners, for the whole or any part of the towage services, the User shall not bring any suit against the other tug owners in respect of any matter arising out of such towage services rendered in connection with the towage services.

(h) These terms and conditions shall remain in force notwithstanding any deviation or interruption or failure in the performance of the towage services and whether or not there has been any substitution of tugs.

17.0 COMPLIANCE
17.1 Every vessel provided with pilotage and towage services by JPB shall be in full compliance with the Act, its by-laws and other relevant prevailing acts, rules and regulations and with all International Conventions ratified by the Government of Malaysia in respect of the pilotage and towage services including any directives made or circulars issued by JPB from time to time for the safety and convenience of the pilotage and towage services.

B. IN RELATION TO CARGO AND CONTAINER

18.0 RECEIPT AND DELIVERY
18.1 Document And Manifest

(a) Before any cargo or containers are landed or discharged a true copy of inward or transhipment manifest certified by the User as being correct in respect of goods to be discharged or transhipped, shall be provided to the Terminal Manager by way of the CTMS, MPTS or FZIPS. The manifest shall only be deemed to be certified correct if the User's digital signature is applied to the manifest. Such manifest shall contain all particulars as to gross weight, measurement, marks, numbers, contents and any other information as may be required of each package of the goods and shall be transmitted/communicated by the MPTS or FZIPS to the office of the Terminal Manager not less than twenty four (24) hours before the arrival of the vessel.

(b) The User of any vessel which loads cargo or containers at any Wharf shall transmit/communicate by the MPTS to the office of the Terminal Manager a copy of outward manifest by way of the MPTS and it shall be certified as being correct by the User by applying the User's digital signature to the manifest and shall be furnished within seventy two (72) hours of the departure of such vessel.

(c) Any alteration to the information contained in the documentation after presentation by the User and any additional services required by the User shall be advised on a prescribed form.

(d) The User shall provide JPB with all necessary information and instructions including adequate notice relating to the conditions of cargo or containers and their contents which require special handling.

(e) The User shall further undertake to co-operate fully with JPB in arranging for speedy receipt and delivery of such cargo or containers in accordance with the requirements of JPB, the Authority and other relevant authorities.

(f) The User shall be responsible to JPB for any loss, damage, claim or expense arising from inaccurate, incomplete or an absence of information contained in the Applications relating to weight and the container content or the nature of the cargo, or from incorrect stowage of containers where the User has previously approved the order of loading. The Port shall be entitled at any time and at the expense of the User to reject any cargo or container not conforming to the above requirements.

(g) The User shall indemnify, and keep JPB indemnified from all liability in respect of any goods delivered to the person presenting a bill of lading or delivery order, as the case may be. JPB shall not be bound to make any inquiry whatsoever as to the right or title of such person thereto or as to the correctness or otherwise of any endorsement appearing or purporting to have been made on any such bill of lading or delivery order.

(h) The User shall submit to JPB the Reefer Container Advise by way of the CTMS, twenty four (24) hours before reception at JPB in-gates for export, storage or discharge from vessel for import. JPB shall not be responsible for any damage to the cargo or container if the User fails to comply with this requirement.

18.2 When Cargo Or Containers Are Considered Landed
The delivery of cargo or containers shall not be considered to have been made to JPB until cargo or containers have been landed or disconnected from the vessel's gear.
'Landed' means landed on any Wharf deck or trailer or other vehicles designated for such use by JPB whether owned by, or being used with permission of JPB.

18.3 Damage during Cranage
Where JPB undertakes the cranage of cargo or containers to and from vessels or vehicles, JPB shall not be responsible for loss or damage in consequence of:

(a) any of JPB cranes or the load attached thereto colliding with the rigging, spars or other equipment of the vessel or resulting from the shifting or movement of the vessel or any of its equipment,

(b) faulty slinging or improper loading of any cargo or containers by persons, other than the servants of JPB acting within the scope of their employment,

(c) the vessel having improperly or insecurely moored,

(d) faulty vessel or vehicles twist-locks or any devices that secure the cargo or container to the vessel or vehicle including faulty cell guide of vessel that can cause damage to container/equipment,

(e) faulty devices that secure the cargo to the container, ,

(f) unstable condition or poor stability of vessel or vehicle.

18.4 Loading Or Discharging In Rain
No cargo or containers which are likely to be damaged by rain water shall be loaded or discharged during rain. The Master of the vessel shall ensure that all hatches are closed during rain.

18.5 Disposal Of Dunnages
All stages, dunnages, planks and other articles not provided by JPB shall, after use in discharging or loading a vessel, be removed from JPB premises within twelve (12) hours of the completion of works or else JPB will remove at the User costs and expense.

18.6 Refusal Of Objectionable Cargo
The Terminal Manager may prohibit the landing of, or refuse to receive any cargo or containers which in his opinion is detrimental to the safety of JPB, or of all other cargo or containers, or things within the premises of JPB.

18.7 Unprotected Cargo
The Port shall not be liable in respect of breakage, loss of contents, damage or complete destruction of unprotected cargo or containers.

18.8 Acceptance of Cargo/Container Not Proof of Condition
Any acceptance of cargo/container by JPB, it's employees, servants, or agents, shall not constitute proof that the cargo/container were accepted in a good condition and undamaged condition or that the container, packing and securing materials used conformed with the requirements specified in Paragraph 42.2 (b) and (c), herein. JPB shall notify the User in practicable time, any damage or defect of the cargo/container, its' packing and securing materials, which is apparent at the time of delivery to the User and loading into vessel, but the User shall not make any claim against JPB, by reason of the fact that it has not been so notified.

18.9 Disputes

(a) Any disputes in relation to discrepancies in the total amount, markings and numberings, stowage and conditions of cargo or containers to be loaded on board any vessel, should be communicated by the User, in writing to, and acknowledged by JPB, during loading of the cargo or container on board vessel or prior completion of vessel operations (for total amount disputed).

(b) Any disputes in relation to discrepancies in the total amount, markings and numberings, and conditions of cargo or containers to be delivered to the User, shall be communicated by the User, in writing to, and acknowledged by JPB, prior to their delivery to the User, its employees, servants or agents.

(c) Any disputes in relation to container or cargo damage shall be communicated by the User in writing to and acknowledged by JPB before the delivery exit or gate out of the said container or cargo.

(d) JPB reserves the right to reject claims of any loss or damage to the cargo or container if the above mentioned requirements (a), (b) and (c) are not complied with by the User.

19.0 STORAGE AND WAREHOUSING
19.1 Unless otherwise agreed, JPB may accept goods for storage or warehousing upon the terms and conditions herein.

19.2 JPB may store in the open, goods which in the opinion of JPB are suitable for such storage.

19.3 Goods stored in the open shall be at the owners' risk and JPB shall not be responsible for the loss or damage to or deterioration of any goods so stored, howsoever caused.

19.4 JPB may at any time, give to the User not less than 30 days previous notice or any number of days considered by JPB as reasonable within the requirements of the Free Zone Regulations as may be amended from time to time, in written form or by use of the Application, for any goods other than perishable or inflammable goods to be removed by the User. On the failure to remove such goods pursuant to the notice given, JPB shall be at liberty to sell, destroy or otherwise dispose of the goods at the cost and expense of the User.

19.5 All claims in respect of loss or damage shall be made to JPB in writing within fourteen (14) days after the delivery of the goods to the User or his authorised agent and any claim not made within such time shall be deemed to have been waived.

19.6 The Terminal Manager may at his discretion remove any goods which have been landed or received into JPB's custody to any open-sided shed, warehouse, transit shed, open storage area, or from one place to another.

C. IN RELATION TO VESSEL

20.0 COMPLIANCE WITH ISPS CODE
20.1 Each vessel intending to call at the Port shall be ISPS Code compliant, and shall, not less than 48 hours prior to her entry, furnish to JPB together with her notification of arrival, all information as required under the ISPS Code in particular the following:

(a) the vessel's level of security (which shall be declared to JPB's Marine Control Tower via VHF Channel 11 not less than one (1) hour before JPB's pilot boards the vessel at the Pilot Boarding Point);

(b) whether the vessel requires the Declaration of Security;

(c) whether the vessel possess a valid International Ship Security Certificate and

(d) the Flag of Administration applicable to the vessel.
Provided that JPB reserves the right to take action as provided under the ISPS Code for non-compliant or high security risk vessel. Provided further that JPB shall not be liable for any loss and or damage and for any suits, proceedings, costs or claims whatsoever from the Owner or Operator or any third party arising in consequent of such rejection or action by JPB.

20.2 Every vessel provided with pilotage and towage services by JPB shall be in full compliance with the Act, its by-laws and other relevant prevailing acts, rules and regulations and with all International Conventions ratified by the Government of Malaysia in respect of the pilotage and towage services including any directives made or circulars issued by JPB from time to time for the safety and convenience of the pilotage and towage services.

D. IN RELATION TO THE MOVEMENT OF VEHICLES IN THE PORT

21.0 MOVEMENT OF VEHICLES
21.1 A User, his licensee and invitee including a passenger of a vessel under his care and control, who has been issued with a valid pass by JPB to enter the Port in vehicles or otherwise, shall only be allowed access into areas that have been assigned by the Safety Manager and no other.

21.2 JPB through its designated Port Safety Personnel reserves the right to stop vehicles and carry out physical inspection at the point of entry and exit into and out of the Port for the purpose of enabling JPB to comply with the requirements of the ISPS Code.