PART VII
GENERAL CONDITIONS, COVENANTS AND RULES
40.0 COVENANTS BY JPB
40.1 In providing its services JPB shall as far as possible carry out
its operations in an efficient manner and provide appropriate and adequate
operational labour and related facilities.
40.2 JPB shall endeavour to provide proper care for and control of the
User's cargo, containers and equipment within JPB.
40.3 JPB shall endeavour to provide sufficient handling area for the
volume of containers and cargo as indicated by the User to be loaded
or discharged.
40.4 Subject to the provisions of these Terms and Conditions of Business,
JPB will allow reasonable access to the User and their servants and
agents for the purpose of performing and carrying out the business and
agency requirements of the User relating to the services supplied by
JPB to the User PROVIDED ALWAYS THAT such User or persons shall observe
all health, safety, security regulations and standing instructions made
by JPB which may be operative at that time.
40.5 Special Arrangement
(a) JPB shall not be bound to accept any cargo, including but not limited
to the excepted articles set out in Appendix II, whether containerised
or in bulk or breakbulk, which cargo is of high value or requires special
care, except under written special arrangement.
(b) It shall be a requirement under the special arrangement that the
User shall give prior notice as may be specified by the Terminal and
Safety Manager of the User's intended delivery to JPB of such cargo.
(c) JPB shall be entitled at its sole discretion to impose such terms
and conditions including but not limited to the effecting and provision
of the appropriate insurance and security services for the delivery
and handling of such cargo at JPB.
(d) Under no circumstances shall the User deliver to the Port any such
cargo or container without the prior written approval of JPB.
41.0 CONDITIONS OF SERVICES
41.1 Non-Delivery of Cargo/Container
JPB shall not be responsible for any wrong or non-delivery of cargo
due to the following:
(a) absence of any marking on the cargo/container;
(b) error, deficiency, illegible or misleading markings; or
(c) identical or similar markings for different consignments.
41.2 Damaged Cargo/Container
Damaged cargo/container shall be handled by JPB subject to the following
conditions (not in order of sequence):
(a) Damaged cargo/container shall be surveyed jointly by the User and
JPB.
(b) Damaged packages or cargo are to be repaired, restrapped or otherwise
re-conditioned by the User to the satisfaction of JPB.
(c) Receipt of such cargo/containers shall be endorsed "damaged
cargo" by vessel agent and JPB.
(d) Damaged cargo/containers shall be received only if they are able
to be handled by the Port's equipment.
(e) A survey report in the form of Equipment Interchange Receipt shall
be issued for damaged containers received by JPB and JPB shall not be
accountable for contents or value and subject to all the paragraphs
governing the relative Bill of Lading.
41.3 Joint Survey
(a) Upon notification of the claims for damages and loss referred to
in Terms and Conditions of Business, the User shall give reasonable
time for all parties related to the claims to conduct joint-surveys
where applicable to ascertain the cause and extent of loss and damage.
(b) Cargo and containers and other property related to the claims shall
not be removed or its state and conditions altered by the User before
the joint-survey is conducted.
(c) While consensus on the extent of loss and damage may be reached
between parties related to the claim during the joint-survey, the observation
on the cause of damages may remain confidential with each individual
party related to the claim.
(d) Where damaged packages or containers have been surveyed in JPB,
consignee or agent of the vessel shall take delivery at the first opportunity.
41.4 Examination/Inspection by Customs or Free Zone Authority
(a) Cargo and containers which are subject to Customs Examination or
Free Zone Authority requirement shall be advised in advance to JPB in
the prescribed form.
(b) JPB shall not be responsible for any shortages of contents for cargo
where samples were taken pursuant to such inspection/examination.
41.5 Where JPB provides adequate storage area in the Container Freight
Station, it shall be the responsibility of the User to provide tally
clerks for the tallying of cargo during the stuffing / unstuffing into/from
containers.
41.6 Safety/Vehicle/Access to the JPB Premises
(a) Users are not allowed to park their vehicles, trailers, prime movers,
etc. at any area in the Port other than at designated parking areas.
(b) User entering the Port must be in possession of a valid pass issued
by a competent officer of JPB or the Authority and shall at all times
abide by the rules and regulations promulgated or enforced from time
to time by JPB regarding the conduct of persons within the Port.
(c) User shall indemnify and keep indemnified JPB at all times from
and against all actions, proceedings and claims whatsoever brought against
JPB and/or costs and expenses incurred by JPB which arise directly or
indirectly from the actions or omissions of any User's visitor causing
or relating to any of the following matters:
(i) Loss of life or personal injury to any User's visitor.
(ii) Loss of or damage to the property of any User's visitor.
(iii) Loss of life or personal injury to any person which may be directly
or indirectly attributable to the negligence of any User's visitor.
(iv) Loss of or damage to the property of any person which may be directly
or indirectly attributable to the negligence of any User's visitor.
(v) Consequential loss arising from any of the above sub-paragraphs.
(d) User intending to bring into JPB's vehicles, equipment or machinery
of a weight or size which may exceed the limit set by JPB, shall obtain
permission in writing from JPB failing which such vehicle shall be deemed
as Trespassing into JPB premises.
41.7 Access to Port premises
(a) All persons and vehicles entering, occupying and leaving the Port
premises are subject to the Act and its By-Laws, in addition to any
other prevailing relevant statutes or regulations in respect of the
access to the Port premises.
(b) The Port premises have been gazetted as the Protected Area and Protected
Places.
(c) Entrance, access and exit to the Port premises shall only be made
via the designated places by JPB for such purposes.
(d) All persons, Users and vehicles can only have access to and/or remain
within, any part of the Port premises upon possession of a valid pass
issued by the JPB's safety/security officer.
(e) All persons, Users and vehicles shall leave the Port once the said
pass expires or when ordered to do so by JPB and/or by any competent
officers of JPB.
(f) All persons, Users and vehicles shall enter, remain and exit the
Port premises at their own risk and expenses. JPB shall not be liable
for any injury, loss or damage whatsoever and howsoever caused to such
persons or Users or vehicles.
(g) JPB reserves the right to refuse, prevent and or restrict any person,
User, vehicles from having access to or entering, remaining and or leaving
the Port without assigning any reasons and without any limitation as
to the duration of such as its allowed under the law.
(h) The grant of JPB's permission herein required shall be evidenced
by any permanent or temporary pass issued by JPB subject to such conditions
as JPB may think fit to impose.
(i) JPB may in its discretion without assigning any reason therefore,
refuse entry or exit or require the User to remove any person or property
whether or not such person or property is in possession of or covered
by a pass or passes issued by JPB.
41.8 Retention/Lien
(a) JPB shall be entitled to:
(i) Retain possession of any cargo/container passing through or stored
in the Port.
(ii) Retain possession of cargo/container or prohibit any vessel from
leaving the Port until payment of all charges in respect of such cargo/container
or vessel are made.
(b) All cargo, containers and all documents relating to cargo and containers
shall be subject to a particular and general lien respectively for charges
due to JPB in respect of such cargo and/or containers from the User.
41.9 Right of Inspection
JPB shall be entitled to inspect all Bills of Lading, consignment notes,
freight lists, manifests of cargo and any other documents whatsoever
relating to any vessel, vehicle or cargo which have used, are using
or will be using or have been, are, or will be present in the Port.
Either the Terminal Manager or Safety Manager or both may board any
vessel or enter any vehicle used in the Port premises in order to inspect
such documents.
41.10 Right of Refusal, Cancellation and Removal
(a) If in JPB's opinion there are any circumstances which may prevent
or hinder the safe handling, storage, or transport of container or cargo,
JPB may refuse to handle, store or transport the same and shall give
notice of such refusal to the User and upon receiving such notice the
User shall remove container or cargo from the Port at its own risk and
expense.
(b) If any services are ordered from JPB and are cancelled for any reasons
other than because of default of JPB, all fees for the same shall remain
payable to JPB and any refunds or credits shall be at JPB's discretion.
41.11 Compliance
(a) The User shall procure that its employees, contractors, agents and
customers, with whom it has entered into any arrangement shall observe,
comply with and be bound by these Terms and Conditions of Business,
the Act, the Free Zone Act and its Regulations, the special conditions
in the Tariff, and all rules and regulations applicable directly or
indirectly in relation to any cargo and/or container handled by JPB
for or on its behalf or at its request or which the User is instrumental
in delivering to JPB for handling.
(b) The User shall also comply with the terms and conditions in JPB's
operational, safety and security procedures issued by JPB from time
to time. These procedures shall form and be construed as an integral
part of these Terms and Conditions of Business.
41.12 Contingency Use of Physical Documents
(a) In the event of the failure of the Applications, JPB shall prescribe
such contingency measures for the temporary use of physical documents
for all businesses and services of the Port, with procedures for the
communication and handling of such physical documents as may be necessary,
of which shall be fully complied with by the User until such time as
JPB may declare that the use of the Applications has been restored and
upon which the communication and handling of documents shall revert
to the use of the Applications.
42.0 COVENANTS BY USER
42.1 By transacting any Business with JPB, the User signifies that the
User has full knowledge and has accepted the Terms and Conditions of
Business herein stipulated.
42.2 Unless expressly stated in writing otherwise by the User, at all
material times JPB shall transact the Business and provide its services
and facilities to the User solely based upon the User's representations
and assurances which includes that;
(a) All export cargo and container presented for shipment by the User
shall be accompanied by documents containing all relevant details as
required by JPB.
(b) All cargo and container shipped by the User are in every manner
safe and secure in accordance / compliance with all lawful requirements
for handling by JPB, and where applicable does not exceed their rated
gross weight.
(c) The container or cargo packing and stowage comply with the International
Safety Rules, Regulations and best trade.
(d) Any information given as required shall be accurate. The User shall
not hold JPB liable and shall indemnify JPB for any wrong doings as
a result of any inaccuracies contain in the information supplied, whether
provided by electronic data or otherwise.
(e) The User shall respect and maintain the confidentiality of information
acquired as a consequence of the electronic link to JPB's computer system
whether such information is specific to JPB or other third party and
shall not disclose any such information to a third party without specific
authority or unless there is a legal or professional duty to disclose.
(f) The User shall not divulge his ID, password, digital signature or
any other security measures (as may be granted to the User by JPB or
directed by JPB to be used by the User) for access to JPB's computer
system to any unauthorised person.
(g) The User shall be fully responsible for the accuracy of the information
pertaining to its cargo, container and vessel, transacted through JPB's
computer system via the User's authorised ID, password, digital signature
or any other security measures (as may be granted to the User by JPB
or directed by JPB to be used by the User from time to time).
(h) JPB shall not be made responsible, in any manner whatsoever, to
any access to the information in JPB's computer system due to the User's
disclosure of his ID, password, digital signature or any other security
measures (as may be granted to the User by JPB or directed by JPB to
be used by the User from time to time) to any unauthorised person.
(i) The User shall comply with the software standards that JPB may impose
from time to time and shall at its own cost provide the hardware and
software necessary for the transmission and receipt of information.
(j) The User shall use the Applications only for lawful business and
purposes related to the business of the Port.
(k) The User shall not place any unlawful material on JPB's computer
system whether by way of the Applications or otherwise including but
not limited to any material which would result to any violation of any
contracts or contractual duty whether with JPB or other third parties
or any breach of law.
(l) The User shall not deeplink any external websites to the Applications
and/or JPB's computer system.
(m) The User shall not tamper, hack, invade, abuse or perform any unauthorised
access or use of the Applications or JPB's computer system. For the
purposes of this sub-paragraph, all such acts prohibited under the laws
of Malaysia relating to computers and computer networks, in addition
to any other laws, shall be deemed to be part of this Terms and Conditions
of Business.
(n) The User shall also not divulge, disclose or leak intellectual property
or trade secrets of JPB or other materials which by form and/or nature
confidential to JPB, to other third parties unrelated to JPB. Any divulgence,
disclosure or leakage by the User of JPB trade secrets or other JPB
confidential material done without express authorisation in writing
from JPB shall be breach of trust and the User shall be liable for any
and all damage suffered and sustained by JPB.
(o) The User shall not put any defamatory, abusive, obscene, indecent,
harassing or inflammatory material intending to defame, abuse, harass
or inflame JPB, other employees of JPB or other third parties related
or unrelated to JPB.
(p) Other than connecting with JPB's Applications by way of the provided
User ID name, the password, digital signature or any other security
measures (as may be granted to the User by JPB or directed by JPB to
be used by the User from time to time), the User shall also not attempt
to gain access to the Applications by using administrator or other Users
password, digital signature or any such other security measures or by
masquerading as an administrator or other Users while using the Applications.
(q) The User hereby also agrees to abide by any networking rules and
regulations that may be publicly announced from time to time by JPB.
(r) The User shall exercise due care and diligence in ensuring that
such data entry or input entered by him into JPB's Applications is complete
and accurate and reflects actual status and position of matters of business
of JPB or pertaining to business of JPB.
(s) In the event that such completeness and accuracy of status cannot
be ascertained by the User, the User shall take all necessary measures
reasonable and in all promptness to ensure the true position of matters
including referring such matters to JPB management or the relevant department/division
heads or controllers.
(t) In the event that such necessary measures pursuant to above sub-paragraph
(s) are not taken resulting in damage to JPB, employee(s) of JPB or
other third parties doing business with JPB, the User shall be ultimately
liable for such damage. However, this liability shall be limited to
the extent where no due care and diligence was exercised by the User
in the performance of his duty.
(u) Such express authorisation by JPB shall be in writing and addressed
to the User only. Such authorisation may also be accompanied by other
networking rules, regulation, acceptable uses policies or new User ID
name, the password, digital signature or any other security measures
(as may be granted to the User by JPB or directed by JPB to be used
by the User from time to time) suitable for such authorisation as deemed
fit by JPB; and JPB reserves the right to allow the User remote access
or, in the event of remote access granted to the User, to revoke such
remote access, and this right is exercisable by JPB at its absolute
discretion.
(v) The User hereby agrees not to disrupt, modify or interfere with
the Applications software or hardware in any way, and the User further
agrees not to impede or interfere with other authorised users of the
Applications.
(w) The User undertakes and agrees to indemnify, save and hold harmless
JPB at all times against all actions, claims, proceedings, costs, or
damages whatsoever arising from any action done by the User without
due (reasonable) care and diligence on the User's part.
(x) The User agrees that JPB shall not be liable to the User or any
other third parties for any direct, indirect, special, consequential
or punitive damages allegedly sustained arising out of the User's access
to or inability to access the JPB's Applications, including loss of
data from the JPB's Applications or for viruses alleged to have been
obtained from the JPB's Applications, the User's use of or reliance
on the JPB's Applications or any of the information or materials available
on the JPB's Applications, regardless of the type of claim or the nature
of the cause of action, even if advised of the possibility of such damages.
42.3 It shall be obligatory on the User to comply with the following,
as may be notified by JPB from time to time:
(a) Restricted areas prohibition;
(b) Firearms prohibition;
(c) Prohibition and control of fires;
(d) Traffic/Safety Signs or Orders;
(e) No Smoking and Unprotected Fire Signs;
(f) Restriction on Speed;
(g) Prohibition of taking photo and video and
(h) The Requirement for co operation with JPB authorized officers.
(i) The usage of Personal Protective Equipment (PPE) in all operations
area.