PART IV
TARIFF AND OTHER CHARGES

24.0 TARIFF AND CHARGES
24.1 In consideration of the provision of the services and/or facilities by JPB and or the Business, the User shall pay to JPB:

(a) all dues, charges and other sums which are either based on the prevailing Tariff or on mutual agreement between the Parties or as may be imposed by JPB under the law;

(b) any costs and expenses which may be incurred by JPB in complying with any Government or the Authority's regulations, including but not limited to any requirement for the movement, treatment, removal or destruction of dangerous or obnoxious goods, infested, contaminated or condemned goods or the treatment of JPB's premises as a result of any infestation or contamination arising from such goods; and

(c) all costs and expenses incurred by JPB arising out of or incidental to the failure by the User to observe these Terms and Conditions of Business.

24.2 All sums of whatever nature due from the User to JPB pursuant to the Business shall be:-

(a) payable without demand and without deduction not later than the date for payment stipulated in the invoice issued by JPB or under any contract or agreement, as the case may be; and

(b) recoverable against the cargo and any other property delivered by the User to JPB under any other contract or arrangement made between JPB and the User.

(c) Except in case of User holding a ledger account in accordance with the following Clause 24.3, all charges shall be payable in cash.

(d) Cheques shall not be accepted in any payment to JPB except by special arrangement with JPB.

(e) Where a credit facility is available under Clause 24.3 to the User, account in respect of such credit facility shall be settled within 30 days from the date on which such an account is dispatched.

(f) An account which is not settled within the period of 30 days shall be subject to a surcharge of 2 per cent thereof and any account which is not settled within a subsequent period of 30 days shall be subject to a further surcharge of two (2) per cent thereof.

24.3 Traders Ledger Account and Other Securities

(a) JPB may require the User to open and maintain for the duration of the Business, an account with JPB's Finance and Accounts Department subject to the terms and conditions provided in the Tariff.

(b) In addition, Users are required to execute and enter into a Traders Ledger Agreement with JPB prior to engaging or transacting in any Business with JPB. Such Traders Ledger Agreement shall remain valid for the duration of the Business transaction and shall be deposited with the JPB's Finance and Accounts Department.

(c) Notwithstanding anything to the contrary, the User shall furnish security for a sum as specified and in a form approved by JPB for the prompt and proper performance and observance by the User of these Terms and Conditions of Business (including the obligation to pay the charges under the Tariff and other payment due).

24.4 Access to the Applications (which shall be inclusive of User ID passwords, digital signature application or any other security access measures as directed by JPB from time to time) shall only be granted by JPB after the User has executed the Traders Ledger Agreement (if so required) and has furnished security for a sum as specified and in a form approved by JPB (if so required) as stipulated above.

24.5 As long as payment due is not made or received as herein stipulated, JPB reserves the right to demand for payment in advance for each vessel calling at JPB from the defaulting User. Such advance shall be made prior to the arrival of vessel and shall be appropriated at the entire discretion of JPB.

24.6 Notwithstanding anything to the contrary, JPB shall, at its entire discretion, have the right to suspend any Business transaction or provision of services/facilities in the event the payment due exceeded the cash deposit or the Bank Guarantee.

24.7 Time shall be of the essence for the purposes of this Part of the Terms and Conditions of Business.

25.0 CHARGEABLE TONNAGE
25.1 Whether or not a ship's manifest or shipping note is lodged with JPB, JPB may elect to calculate all tonnage of goods according to the cubic measurement or gross weight, notwithstanding whichever is greater.

25.2 JPB may levy charges on the measurement tonnage if the weight tonnage cannot be ascertained or vice versa.

25.3 In the case of a vessel with dual tonnage or a vessel with an open or closed shelter deck, the higher tonnage shall be deemed to be the gross registered tonnage of the vessel.

26.0 UNDERCHARGE
26.1 JPB shall be entitled to collect any amount which may be ascertained to have been undercharged or which may otherwise be found to be due and shall demand in writing the payment of any such amount within 6 years from the date the transaction is completed.

26.2 In this Clause "transaction" includes all services rendered, supplies provided and contracts to which JPB is a party.

27.0 OVERCHARGE
27.1 A User shall not be entitled to a refund of any overcharge unless he refers in writing to JPB within 6 years from the date the delivery bill, shipment bill or any other bill is issued to him, and he gives full information supported by such other documentary evidence as may be required.

27.2 Where any goods have been measured or weighed by JPB, no claim for a refund shall be accepted by JPB unless the User claiming the refund has disputed the measurement or weight of the goods at the time the goods were measured or weighed.

28.0 REMEDY FOR NON-PAYMENT
28.1 Default

(a) Notwithstanding the period for payment stipulated pursuant to para 24.2 above:

(i) if legal proceedings shall be commenced by any person for the bankruptcy, liquidation or winding up of the User;

(ii) if the User shall make any offer of composition to its creditors;

(iii) if any order of distress or attachment or similar order shall be made against any property of the User (including the Users' cargo or vessel); or

(iv) if the User shall fail to perform or observe any of the stipulation under the Terms or Conditions of Business,
then, all sum or money due and owing by the User towards the account of JPB shall become immediately due and payable.

(b) If due to any reason whatsoever (except at the default of JPB) the User shall not pay any payment on or before the due date for payment referred to in the preceding paragraph:

(i) JPB shall be entitled to engage the services of any person to recover such sum from the User, in which event the User shall also be liable for all costs incurred by JPB for such services (including the legal costs); and/or

(ii) regardless of whether or not JPB shall have engaged the services of any person as described in sub-paragraph (i) above, the User shall in addition to the sum or money owing and the costs described in sub-paragraph (i) above (if any), pay to JPB interest on such sums and the costs at the rate equivalent to the rate stipulated in the invoice or any contract entered into between the parties, which interest shall be payable on a day to day basis from the date immediately after the due date for payment to the date of actual payment of such sums, the costs and interest thereon or to the date of expiry or sooner termination of the Business, whichever is earlier.

28.2 Right of lien and retention

(a) JPB shall have the right of lien and retention over all property (including any sums collected by JPB from third parties on behalf of the User, if applicable), cargo, containers (including the contents therein) and all documents which JPB shall now or hereafter hold of, or for the User or which is now or hereafter due to the User, to secure the payment of all sums due from the User to JPB and the to discharge of all liabilities of the User to JPB herein incurred or at Iaw.

(b) In the exercise of JPB's right of lien and retention, JPB shall be entitled to seize and detain such property, cargo, containers, sums and documents until the sums due from the User to JPB are fully paid.

(c) JPB's lien shall have priority over all other liens and claims in respect of such property, cargo, containers, sums and documents.

28.3 Right to distrain for non-payment

(a) If the User fails to pay any dues, charges or monies owing under any Business transacted, JPB may, in addition to any other remedy which JPB may be entitled to use, distrain or arrest the vessel in respect of which such dues, charges or monies are payable and the tackle, apparel or furniture or belongings thereto or any part thereof, and detain the same until the amounts so due paid.

(b) In case any part of the dues, charges or monies or of the costs of the distress or arrest, or of the keeping of the vessel, tackle, apparel or furniture, remain unpaid for a period of not less than 14 days after any such distress or arrest has been so made, JPB may cause the vessel or other thing so distrained or arrested to be sold, and with the proceeds of the sale may satisfy those charges, other sums and costs, including the costs of sale remaining unpaid, rendering the surplus, if any, to the master or owner of the Vessel on demand.

28.4 Right to sell for non-payment

(a) If any charges are not paid after notice requiring payment has been given to the User, the cargo and/or containers may be sold without further notice and the proceeds applied in or towards satisfaction of the outstanding charges and the costs incurred by JPB in such sale. Any sale of cargo and/or containers by JPB pursuant to this paragraph, may be conducted by private treaty, by public auction or otherwise in such manner as JPB shall in its sole discretion determine and JPB shall not be liable for any loss and damage to any person whatsoever as a result thereof. The exercise of such right of sale shall be without prejudice to any other right or remedy of JPB, and any deficiency in the proceeds of sale shall be recoverable from the User by civil action.