Ticket Specification

TERMS AND CONDITIONS OF TERMINAL OPERATION AND CARRIAGE OF GOODS BY SEA (TICKET)

1. SUBJECT:

This Tariff regulates the contractual term and conditions, applicable rates, rules and practices at the time a Customer agrees to receive terminal services from the Operator, including entering and/or using terminal facilities and/or using the Operator's personnel, services, vehicles, facilities in connection with terminal services. This Tariff is subject to Turkish Law and Istanbul Commercial Courts shall have exclusive jurisdiction in disputes arising hereunder.

2. DEFINITIONS:

Law refers to the Turkish Commercial Code and other applicable sources of Turkish Law.

Control refers to the service of counting and checking the cargo against appropriate documentation, on behalf of the truck, flat bed, cargo or ship, or any other person.

Customer means any vessel, truck, vehicle, person and/or business that receives terminal services and/or to which services are provided.

Goods means all items of cargo and other personal property, and all packing, packaging, crates, cradles, skids, pallets, tanks, platforms, trucks, flatbeds, trailers, containers and other items, materials and associated supplies and equipment in connection with terminal services requested from the Operator and/or performed by the Operator.

Handling refers to the physical movement of goods as a terminal service.

Heavy load refers to the service of providing heavy load crane and equipment for lifting goods.

Loading and unloading means the service of loading and unloading goods between a waiting place at a terminal facility and any ship, rail car, trucks/motor vehicle or other vehicle.

Operator means the marina terminal operator(s), and the individual owners, shareholders, members, directors, officers, officers, employees, and agents of the foregoing, and all persons entitled to all benefits, defenses, exceptions, exclusions, exemptions, limitations, and all other benefits, defenses, exceptions, exemptions, limitations, and limitations of the Operator's liability, at law or otherwise, hereunder, as well as all other companies and/or facilities committing to this tariff.

Package means the largest single unit used to transport the goods, e.g. a single container, flatbed, or trailer, etc., or a single item of machinery or equipment, etc., and any contents, parts, boxes, sections or components which do not stand alone.

A person includes individuals, firms, partnerships, corporations, companies, joint stock companies, trustees, trustees, agents, drivers, attorneys and personal representatives.

Fee means the price quoted by the Operator in a tariff or otherwise determined level of the marina terminal service or a specific quantity of cargo after a specific effective date or during a definite period of time.

Terminal facility means one or more structures owned and/or operated by the Operator, including, but not limited to, berths, warehouses, indoor and/or outdoor storage spaces, cold storage warehouses, cranes, silos or other bulk cargo loading/unloading structures, jetties, receiving stations used for the handling, transportation, maintenance and convenience of cargo or for the exchange and/or delivery of passengers between shippers, carriers and/or consignees.

Terminal services include, in addition to access to and/or use of terminal facilities, personnel, labor, services, materials, supplies, equipment, tools, equipment, personal property and real property associated with such terminal service and provided and/or used at such terminal facilities, including control, dockage, free loading time, handling, heavy lift, loading and unloading, terminal use, storage, warehousing, warehousing, and warehouse surcharging.

Terminal storage means the provision of warehousing or other terminal services for the storage of cargo entering or leaving the port after the free loading time, including wharf storage, ship-side storage, covered or open storage, open or yard storage, bonded storage and cold storage.

3. RATES, TAXES, BILLING, PAYMENT AND OPERATOR'S LIEN:

(1) RATES AND TAXES: The Customer shall pay terminal charges in accordance with the rates and taxes contained in the Operator's written quotation or other document; such quotation or other document shall be deemed accepted by the Customer upon commencement of service, including, but not limited to, access to and/or use of terminal facilities and/or terminal services of the Operator on behalf of the Customer. Upon such acceptance, the Operator's written quotation or other document shall be deemed to be fully incorporated herein and binding on the parties hereto. If no rates and taxes are quoted or otherwise assigned to the Customer for a particular terminal service, the applicable rate/tax shall be the Operator's standard rate/tax, so that upon request, the standard rate/tax shall be charged to the Customer.

(2) OTHER TAXES: The Customer shall be separately liable for advances made in respect of the Goods, for damages suffered by reason of any act, omission and/or failure to perform on behalf of the Customer, and for damages suffered in respect of the Goods as a result of wholly or partly unforeseeable or unusual circumstances.

(3) RECALCULATION: Rates/taxes based on incorrect or incomplete descriptions, instructions or items may be recalculated at any time and without notice to the Customer. The Operator has the right to inspect the goods and manifests, bills of lading, receipts, cargo lists and other documents for checking, recalculation and/or confirmation of rates/taxes, and the Customer agrees to cooperate with the Operator in reaching such conclusion.

(4) INVOICE, PAYMENT AND INTEREST: Upon completion of the relevant terminal service and submission of the invoice, the rates/taxes are due and payable immediately to the Operator. All payments must be made in cash to ....... without deduction or withholding; in no event shall any deduction be made from amounts due to the Operator to satisfy any claim of the Customer against the Operator. Amounts due to the Operator but not paid ........ on one or more days will accrue interest at the rate of ...... % per month from the due date until the day on which they are paid in full.

(5) DISPUTES ARISING FROM INVOICES: Questions by the Customer concerning the validity of any invoice must be addressed to the Operator in writing and within ..... days of the date of presentation, otherwise such invoice shall be deemed correct, valid and accepted.

(6) COLLECTION: The Operator must retain a collection agency and/or an attorney to collect sums, and the Customer shall be responsible for paying/reimbursing the Operator for all fees and costs involved, including litigation costs or otherwise.

In order to secure the sums payable to the Operator, the Customer grants to the Operator - while the goods are in the Operator's possession - a right of pledge over the goods and against any ship, container, truck, flatbed, etc. As additional security for the aforementioned sums payable to the Operator, the Customer grants the Operator a consensual pledge over all other goods, cargo and personal property of the Customer which are then in the possession of the Operator. The Operator may at any time assert its rights of pledge and may retain and/or store such goods, cargo and personal property and/or sell the goods, cargo and personal property until payment is received; in the event of a sale, the proceeds shall be applied first to the costs of sale and then on a pro rata basis to the sums payable to the Operator and remitted to the Customer, if any.

4. CONCESSIONS AND IRRESPONSIBILITY OF THE OPERATOR:

(1) The operator shall perform the services diligently, but shall not guarantee the speed of the service or the day or time of its start or completion. Unless otherwise specifically agreed, the operator shall have the exclusive right to choose the materials, procedures and methods to be used. The Operator reserves the right to control and perform the weighing, loading, handling and unloading of the goods, but is not obliged to receive or handle or deliver the goods until the submission of the necessary documents. The Operator may, at its discretion and without notice and at the risk and expense of the Customer, reject, move within the facility and/or relocate goods, trucks or tugboats that pose a danger to property or life.

(2) SUB-CONTRACTING: Whenever a claim is made against the Operator and/or any service provider, agent, contractor or person providing terminal services or handling goods, the Operator may, at its discretion and without notice, sub-contract all or part of the terminal services, including but not limited to related/affiliated parties, in order to make applicable the limitations of liability and all benefits, defenses, exclusions and exemptions contained in this tariff

(3) EXCEPTIONS FROM SERVICE - FORCE MAJEURE: negligence or fault of the master, seamen or pilot responsible for the navigation or management of the vessel due to a cause beyond the control and/or gross negligence of the operator; fire, sea danger-sea accidents or weather conditions; war, terrorism, arrest, seizure, confiscation, seizure, confiscation, quarantine, negligence of the Customer / Agent / Representative, strike, lockout or suspension of work for any reason, riot or commotion, decisions of competent authorities and courts, hidden defects, loss or damage caused by loss of volume or weight or inadequate packaging-marking and / or occupation of the facility, delay or failure to perform the work properly.

(4) INDEPENDENCE OF THE OPERATOR: The Operator shall at all times be deemed and serve as an independent contracting party. The Operator is not a passenger or freight carrier, contract carrier, freight forwarder, freight forwarder, freight forwarder, freight broker or charterer; or an agent, employee, partner, joint venturer or lessor of the Customer.

5. CUSTOMER'S READY AVAILABILITY AND DEFINITION:

The Customer warrants the accuracy of all information, descriptions and instructions relating to the goods, including the nature, character, marking, number, count, account, weight, dimensions, volume and quantity of the goods on which the Operator will rely and rely, as well as any special instructions or conditions applicable to the goods, handling and/or transportation, and shall be responsible for providing the Operator with such notice in full. The Customer agrees to indemnify and hold the Operator indemnified against any loss, damage, expense, claim, liability, action, fine and/or penalty (including litigation fees and costs) arising out of any incorrect, inaccurate and/or incomplete information, instructions and/or description of the goods.

The Customer must describe the goods as being in good condition and in sufficient quantity, on the day, time and place agreed by the Operator, and adequately packed, protected, packed and stowed to withstand the intended terminal service, handling and subsequent transportation by ship, rail car, motor vehicle and/or aircraft.

6. B:

The Customer specifically agrees that the Operator's liability for loss or damage to the goods shall at all times be limited subject to section 8 and that the jurisdiction described in section 1 shall apply to any dispute involving the Operator and that the Operator shall not consent to the jurisdiction of any other court or arbitration procedure and that the Operator shall not be bound by any jurisdiction selection clause contained in any bill of lading or contract of carriage applicable to the goods.

Without limiting the foregoing, the Customer is responsible for ensuring that all bills of lading and contracts of carriage applicable to the goods cover the Hague-Visby Rules 1968 and/or the United States Carriage of Goods by Sea Act (COGSA), as amended, and that all benefits, defenses, exclusions and limitations of liability guaranteed to the Operator under such regime extend to the benefit of the Operator for the period of time before and during, and during and after, the loading and unloading of the goods.

In addition, whenever such benefits, defenses, limitations, exclusions are limited, excluded and/or waived, e.g. by value or in the case of dangerous goods, the Customer is obliged to notify the Operator in writing before identifying the goods.

The Customer agrees to indemnify the Operator (including the costs and expenses of litigation) for any damages arising from any failure to comply in whole or in part with the requirements of this section.

7. MOTOR VEHICLE RULES:

(1) Unless otherwise agreed in writing, if the goods comprise one or more motor vehicles, each vehicle shall be considered as a single “package”. The operator may, at its discretion, provide for additional support/tie in handling for the vehicle, subject to an additional charge.

(2) The owner, operator and driver of any motor vehicle, including the owner, operator and driver of any motor vehicle having business on the premises, shall be deemed to be a Customer entering and/or using and/or receiving services on the premises, including security related items, in accordance with the provisions of these tariffs.

(3) Damage to Equipment and Goods: The Customer shall not hold the Operator liable for damage to its own property as a result of the Customer's negligence or other fault and shall indemnify and hold the Operator harmless against all damage to the Operator's/third parties' equipment or property and shall indemnify the Operator against third party claims (including legal costs).

(4) Loading/Unloading: The Customer is responsible for ensuring that all vehicles and chassis, tugboats are suitable for safe loading and unloading and that the loading/unloading of goods is carried out without interruption. Unless otherwise agreed in writing by the operator, all activities shall be carried out by the operator under the supervision and supervision of the driver/engine carrier.

8. DAMAGE/LOSS TO GOODS:

(1) The provisions of the TCC shall apply when the goods are under the control and custody of the operator. The operator shall benefit from the carrier's means of defense and limitations of liability where the Hague Rules and/or Hague-Visby Rules are applicable, unless they conflict with the provisions of the TCC. The carrier shall not be liable for any loss or damage to or in respect of the goods in excess of the amount equal to 667 Special Drawing Rights per parcel or unit or two Special Drawing Rights per kilogram of the gross weight of the goods damaged, whichever is the higher limit, provided that the type and value of the goods have been notified by the shipper prior to loading and written in the bill of lading. The Special Drawing Right shall be converted into TL according to the value of the CBRT on the day of actual payment or on another date agreed by the parties. The Operator shall not be liable for damages if the type or quantity of goods is knowingly and fraudulently declared to be untrue. The Operator shall not be liable to the Customer for any loss, damage, delay, deficiency, misdelivery, non-delivery and/or tort, contractual or otherwise, other than for the goods mentioned in this section.

(2) CONSEQUENTIAL DAMAGES/LOSSES: Under no circumstances shall the Operator be liable to the Customer or any other person for any indirect, consequential, direct or special damages, including, without limitation, damages for loss of profits, loss of revenue, loss of business, loss of ability to do business, business interruption, loss of ability to use undamaged components or system parts, without regard to foreseeable damages.

(3) DOCUMENTS RELATING TO THE RIGHT OF CLAIM: The Operator shall not be liable for any loss/damage arising under and/or as a result of the following conditions: unseaworthiness; act, omission or fault of the master, seaman or pilot in charge of the navigation or management of the vessel; fire; danger at sea - maritime accidents; force majeure; state of war; terrorism; quarantine restrictions; an act or omission of the Customer, his agent or representative; general or partial strike or lockout or withholding; riots and disturbances; rescue or attempted rescue of goods or life at sea; wastage or other loss or damage to volume or weight due to inherent defect; inadequate packaging; inadequate or improper marking;latent defects that could not have been discovered with due diligence; and other causes other than the Operator's actual fault. The Customer's notice of loss/damage in respect of the goods must be accompanied by copies of the following documents: all bill(s) of lading(s), contract(s) of carriage, receipt(s) and other document(s) identifying the goods, consignor, consignee, vessel, voyage, date of shipment, etc.; all manifests, packing lists, stowage plans, loading/unloading reports, tally sheet/counting sheet, freight receipts, etc; all agreements, invoices and receipts relating to the sale of goods; all correspondence relating to the goods and/or the transportation of goods; all examinations, inspections, surveys, photographs, demand notes, invoices and schedules of damages relating to the goods and/or the damage/loss claimed, including documentation supporting mitigation, salvage value, market analysis and savings efforts;and all other documents, deeds, records, data, drawings, photographs and any other information that may be useful to understand the nature of the goods and details of the carriage of the goods and/or the loss/damage claimed

(4) INJURY/DEATH: The Customer assumes responsibility for, and agrees to indemnify the Operator (including costs and expenses of litigation) in respect of, any bodily/personal injury, illness and/or death of its employees (including employees of subcontractors). In addition, the Customer assumes liability and agrees to indemnify the Operator (including costs and expenses of litigation) for any bodily/personal injury, illness and/or death of any person on the premises arising out of or in connection with the Customer's entry into the terminal facility and/or use of the terminal facility or terminal services. The foregoing indemnification shall be deemed to cover any claim or action by an employee (current or former) of the Client, and in particular the Client waives the immunity from suit, remedy and limitation of liability under the provisions of a workers' compensation law or similar law.

9. DUTY TO ACCEPT GOODS:

The Customer is responsible for accepting the goods from the Operator or acquiring the accepted goods upon completion of the services by the Operator and upon inspection requested by the Operator, even if it is claimed that the goods in question have suffered loss/damage. The Customer may not leave or abandon the goods at the terminal facility for any purpose or under any circumstances with the Operator.

10. DISCRETIONARY LOAD AND DECK LOAD:

(a) The Goods may be stowed by the Carrier or its servant or agent in containers and/or other means of transportation (equipment).

(b) Packed or unpacked Goods in Containers may be carried on or below deck without notice to the Merchant and without a specific notation on this Bill of Lading, and all cargo carried on or below deck shall be included in the General Average and shall be deemed to be within the description of goods for the purposes of the Hague Rules set out in clause 1 of the Bill of Lading and shall be carried in accordance with those rules in all applicable cases.

(c) Nevertheless, for all cargoes falling within the scope of sub-clause 2 and carried on deck, the Carrier shall not be liable for loss, damage or delay, however caused and under whatever circumstances.

11. ASSUMPTION OF RISK AND INDEMNIFICATION:

The Customer specifically stipulates, expressly and legally acknowledges and agrees that access to the terminal facility and/or use of any and all of the Operator's terminal services on behalf of the Customer shall be at the sole risk and expense of the Customer. The Customer agrees to indemnify the Operator against any loss/damage to the property of the Operator or the Customer, other than loss/damage to the goods, or in addition to any loss/damage caused in whole or in part by the Operator's negligence (active or passive) or other legal fault, however arising -any agent, employee, representative, guest, guest, person entering the real property at the invitation or with the consent of the owner, vendor/provider and/or subcontractor of the Operator, Including but not limited to claims for compensation arising from the personal/bodily injury, illness, and/or death of any person—including the Customer or any other person—and including but not limited to all and any other kinds of loss, damage, expense, demand, liability, action, fine, and/or penalty arising from entering the terminal facilities and/or using the terminal services of the Operator on behalf of the Customer, the Customer agrees to assume sole responsibility and to indemnify the Operator (including legal costs and expenses). In furtherance of the foregoing, the Customer waives any right to contribution, action at law, or remedy permitted under workers’ compensation legislation or any similar statute for any limitation or exemption of liability.

12. VALIDITY PERIOD OF THE TICKET:

This ticket is valid for 1 (one) year as of the date shown on the ticket as the date of departure.