RUDRUM HOLDINGS LIMITED
CONDITIONS FOR DISCHARGE, HAULAGE, STORAGE AND CONTRACT PROCESSING OF CARGOES

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1.DEFINITIONS
"Bennett" means either E H Bennett & Company Limited or one of its associated companies
"the Bennett Contract" means a formal written contract prepared by Bennett
"the Cargo" means the cargoes belonging to the Customer and shipped to the Discharge Port
"the Contract" means the contract for the discharge haulage storage and processing of the Cargo
"the Conditions" means the standard terms and conditions for discharge haulage storage and contract processing set out in this document
"the Customer" means the Company or individual whose Cargo is to be handled by Bennett
"the Discharge Costs" means the costs as agreed between the parties for dealing with the discharge of the Cargo and haulage to the storage and processing facilities
"the Discharge Date" means the date when the discharge of the Cargo by the Discharge Port Authority is completed
"the Discharge Port" means the port specified in the Contract for the discharge of the Cargo
"the Processing Costs" means the costs agreed between the parties for the processing of the Cargo
2. THE CONTRACT
2.1 The terms of the Contract shall be those set out in the Bennett Contract (which also incorporates these Conditions) duly signed by the Customer or where there is no such Bennett Contract in accordance with any written quotation given by Bennett or any written order of the Customer which is accepted in writing by the authorised representative of Bennett, subject in each case to these Conditions. These Conditions and the terms of the Bennett Contract shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any order is purported to be made, by the Customer
2.2 Variations or alterations to the Contract terms or these Conditions can only be made with the agreement in writing of both Bennett and the Customer
2.3 Bennett’s employees or agents are not authorised to make any representations concerning the subject of the Contract unless confirmed by Bennett in writing and the Customer acknowledges that it does not rely on, and waives any claim in respect of any such representations which are not so confirmed
2.4 Any advice or recommendation given by Bennett or its employees or agents to the Customer or its employees or agents as to the storage discharge haulage processing application or use of the Cargo is followed or acted upon entirely at the Customer’s risk and it is for the Customer to satisfy itself on all such matters and accordingly Bennett shall have no liability whatsoever to the Customer for any loss or damage whatsoever which the Customer may suffer arising out of or in connection with such advice or recommendation
2.5 The Customer shall be responsible to Bennett for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving Bennett any necessary information relating to the Cargo within a sufficient time to enable Bennett to perform the Contract in accordance with its terms
3. PRICES
3.1 The prices payable shall be the prices stated in the Bennett Contract or where there is no such Bennett Contract Bennett’s quoted price or where no price has been quoted ( or a quoted price is no longer valid) the price customarily charged by Bennett at the date of acceptance of the order. All prices quoted are valid for 30 days only (or such lesser time as is stipulated in the quotation) or until earlier acceptance by the Customer, after which time they may be altered by Bennett without giving notice to the Customer
3.2 Except where the Bennett Contract states to the contrary, Bennett reserves the right by giving notice to the Customer at any time before the Cargo is delivered to the Customer to increase the prices to reflect any increase in the cost to Bennett which is due to any factor beyond the control of Bennett (such as, without limitation, any alteration of duties, significant increase in the cost of discharge, haulage, labour, materials or other costs of processing) change in delivery dates, quantities or specifications for the Cargo which is requested by the Customer or any delay caused by any instructions of the Customer or failure of the Buyer to give the Customer adequate information or instructions
3.3 Unless expressly stated or agreed otherwise, prices do not include Value Added Tax, vessel dues to Discharge Port Authority, other taxes, import or export duties, or other impositions of any nature whatsoever. Any taxes, import or export duties or other impositions which Bennett may be required to pay under any existing or future laws upon or in respect of the discharge, haulage, storage, processing or transportation of the Cargo shall be for the account of the Customer. The Customer shall pay the amount of such tax, duty or imposition to Bennett together with the price
3.4 All prices shall be paid in the currency specified in the Contract
4. Shipment Dates
4.1 The Customer shall notify Bennett the expected quantity of Cargo to be discharged during the period of the Contract and the parties shall endeavour to agree a mutually convenient shipment schedule.
4.2 The Customer shall nominate individual shipment arrival dates for agreement by Bennett
4.3 At the time the Customer nominates each individual shipment date it shall provide to Bennett details of the expected arrival date the age and construction and hold configurations of the vessel any other relevant vessel details as requested the demurrage rates and daily discharge rates required and the tonnage of the Cargo
4.4 Bennett shall not be responsible for any unexpected shortage or delay in availability of suitable berths services or discharge equipment at the Discharge Port

5. APPOINTMENT OF SHIPPING AND CARGO MONITORING AGENTS
5.1 The Customer shall unless agreed to the contrary ensure the appointment at the Discharge Port of Bennett’s nominated Shipping Agent
5.2 Prior to the arrival date of each vessel the Customer will ensure the appointment of an independent Draft Surveyor and an Analysis and Inspection Company either directly itself or through negotiation with the supplier of the Cargo and ensure that such surveyor or inspection company will report on the draft survey weight the proximate chemical analysis the calorific value the sulphur content and the size analysis of the cargo. Full and complete copies of the reports will be made available to Bennett at their request and at no cost to Bennett. Bennett will not be responsible for the costs of such surveyor or inspection company.
5.3 If upon receipt of the reports referred to in 5.2 Bennett doubts the accuracy of such reports it may appoint independent consultants to re-analyse the Cargo and the results of such re-analysis shall in the absence of obvious error be conclusive
6. Discharge haulage and stockpiling
6.1 Bennett will arrange for the discharge of the Cargo at the Discharge Port and will arrange weighbridge weighing and haulage to the storage and processing facilities and for stockpiling.

7. STORAGE
7.1 Bennett will store the Cargo in the storage and processing facility provided for in the Contract wherever practicable separated from any other material stored within the facility that is not being handled and processed under the Contract
7.2 From time to time it may be necessary for Bennett to use storage space in addition to that provided for in the Contract and any additional costs shall be charged to the Customer
7.3 Bennett will provide the Customer with such stock reconciliations as have been specified in the Contract. The Customer shall have a right to inspect and audit all documentation and carry out stock surveys of Cargo on reasonable notice to Bennett and provided that Bennett’s working procedures are not interrupted by such visits
7.4 Bennett shall use the best working practices within its plant capabilities to guard against excessive degradation of the Cargo
8. PROCESSING OF CARGO
8.1 Where the Contract includes washing and screening Bennett will be responsible for a single washing and/or single screening of the Cargo and re-loading to vehicle and re-weighing
8.2 If any additional services are required (other than as specified in the Contract) by the Customer Bennett will hire in any additional necessary equipment and shall be entitled to re-charge the hire cost and any additional labour costs such costs to be agreed in advance
9. DELIVERY
9.1 Bennett shall subsequently arrange for the Cargo to be loaded onto the Customer’s or its customers’ road transport in accordance with the Customer’s instructions but will only release the amount of Cargo to correspond with written orders received from the Customer
9.2 Bennett will advise the Customer of the deliveries made and will include the order number the names of the haulier the grade of the Cargo and the weight delivered
9.3 Bennett will issue delivery tickets in respect of cargo loaded onto the Customer’s road transport
10. PAYMENT
10.1 The Customer shall pay to Bennett an advance cargo due of £2 per tonne on account of the Discharge Costs payable prior to the vessel berthing
10.2 The Customer shall pay to Bennett the balance of the Discharge Costs and any other costs related to discharge within thirty days from the Discharge Date
10.3 The Customer shall pay to Bennett the Processing Costs as follows :-
one third 30 days from Discharge Date
one third 60 days from Discharge Date
one third 90 days from Discharge Date
10.4 The Customer shall pay storage charges on tonnage in stock monthly in arrear at the rate specified in the Contract per metric tonne per week or part of a week commencing from the first day of discharge
10.5 The Customer shall also reimburse Bennett any additional costs including third party ancillary costs, watering costs, overtime and any other reasonable costs necessarily incurred in the discharge and/or handling of the Cargo
10.6 If any Cargo received is not in accordance with details notified to Bennett under the terms of the Contract and as a result Bennett incur additional costs either on discharge or processing Bennett shall be entitled to revise the agreed rates
10.7 The rates for the Discharge and Processing Costs are based in the case of the Discharge Costs on the normal working hours operated in the Discharge Port and in the case of the Processing Costs on the basis of operations being carried out between 0800 and 1700 hours Monday to Thursday and 0800 to 1600 hours on Fridays. If discharge or processing is required outside these hours Bennett shall be entitled to charge extra rates
11. WEIGHTS
11.1 On discharge the Cargo will be independently weighed by the Discharge Port Authority over its own weighbridge facility. The Discharge Port Authority’s Certificate of Outturn Weights net of any water used in discharge for dust suppression will be made available to the Customer and shall be taken as the correct weight of the Cargo save in the case of proven error
11.2 On delivery of the processed Cargo to the Customer’s or its customers’ road transport the Cargo will be weighed over Bennett’s nominated weights and measures certified weighbridge and such weight will be taken as the correct delivered weight
11.3 Bennett’s weighbridge tickets and stock records for the Cargo will be available for inspection by the Customer during normal working hours

11.4 If on completion of delivery of a Cargo to the Customer’s road transport it appears that a weight gain has occurred through moisture or absorption such weight gain shall be the property of the Customer. If a weight loss has occurred through an excess of moisture content on discharge or other reason beyond the control of Bennett, Bennett shall not be responsible for any such weight loss
12. OBLIGATIONS OF CUSTOMER
12.1 The Customer shall advise Bennett in advance of the vessel arriving at the port of discharge on the expected granulation and specification of the Cargo and will provide Bennett with any analysis certificates given at the loadport
12.2 If the Cargo requires screening the Customer will advise Bennett of screen sizes over which Cargo should be screened no later than 14 days prior to the arrival of the vessel to allow Bennett time to order the necessary screen sizes if not in stock
12.3 If Cargo requires washing the Customer will advise Bennett of the density to which the Cargo should be washed no later than 7 days after the arrival of the vessel at the port of discharge
12.4 The Customer undertakes that the Cargo to be delivered will not be of a hazardous nature and in particular will not be subject to the risk of spontaneous combustion and that the Customer will be responsible for any costs that may be incurred by Bennett as a result of any breach of this provision
13. INSURANCE
13.1 The Customer shall insure the Cargo against all normal risks and shall bear the risk of all loss or damage to the Cargo whilst the Cargo is under the control of Bennett
13.2 The Customer shall obtain from its insurers a waiver of rights of subrogation against Bennett
14. TIME TAKEN FOR DISCHARGE
14.1 Bennett give no undertaking that any Cargo will be discharged within any particular time
14.2 If the time taken to discharge any Cargo exceeds the time allowed for in the charter party any demurrage costs will be the responsibility of the Customer
15. TERMINATION
15.1 This Contract shall automatically terminate without notice being given in any of the following events:-
15.1.1 If the Customer makes any proposal for a voluntary arrangement or enters into a composition with its creditors; or
15.1.2 If a petition is presented for an administration order to be made in respect of the Buyer; or
15.1.3 If a petition is presented for the winding up of the Customer a meeting of creditors is called for the Customer to be placed into voluntary liquidation or a resolution is passed for the Customer to go into liquidation (otherwise than for the purposes of a solvent amalgamation or reconstruction); or
15.1.4 If (being an individual)has a bankruptcy order made against him or
15.1.5 If an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
15.1.6 If the Customer becomes insolvent or any insolvency procedure is commenced in any jurisdiction or
15.1.7 The Customer ceases to carry on business
15.2 If Bennett reasonably believes that any of the events mentioned above is about to occur Bennett shall be entitled to notify the customer of Bennett’s concern by fax or telex and if the Customer fails to provide Bennett with convincing evidence that the event in question will not occur Bennett is entitled to proceed under this Condition as if the event in question had occurred
15.3 Bennett may at any time terminate this Agreement forthwith by written notice to the Customer in any of the following events:-
15.3.1 If the Customer shall be in material breach of any of its obligations under the Contract including without limitation any failure to pay any sum due strictly in accordance with the agreed terms of payment provided for by Condition 10 and such breach is either irremediable or being remediable the Customer fails to remedy the same within 30 days of being required to remedy such breach by Bennett
15.4 Upon the termination of this Agreement for any reason:
15.4.1 all moneys then owing by the Customer to Bennett shall become due and payable within seven days
15.4.2 Bennett shall make available the Cargo for collection by the Customer from Bennett’s compound subject to Bennett’s right to complete the processing within a reasonable time of any unprocessed Cargo remaining at the time of termination
16 FORCE MAJEURE
16.1 In this Clause, the events or circumstances constituting "Force Majeure" are as follows:-
Strikes, lock-outs, labour disputes, sabotage, storm, floods and other natural phenomena, explosion, accidents, fire, war or acts of war whether declared or not, civil commotion, riot, insurrection, epidemic, quarantine, sickness of personnel, embargo, mobilisation, non-delivery or delayed delivery from Bennett's Suppliers, shortage of suitable transportation or loading or unloading facilities, delay or hindrance to loading or unloading of transport, distrains of whatever kind, shortage of energy or raw materials, operational difficulties of any kind, export or import restrictions or prohibitions, imposition of quotas and/or other measures or acts of any government, local or statutory authority.
16.2 Bennett shall not be liable for breach of any obligation under the Contract where the breach has been caused by the operation of Force Majeure.
16.3 If the Force Majeure lasts longer than three months from the date of the first breach of obligation caused thereby Bennett shall be entitled (but not obliged) to cancel the Contract forthwith in writing without penalty. Such cancellation will however be without prejudice to Bennett’s accrued rights up to the date of cancellation.
17. LIEN
17.1 Bennett shall be entitled to a general lien on Cargo in respect of any payments under this Agreement in respect of Cargo which are overdue and payable.