3. Services Provided

a) A Ship shall be deemed to have entered the Terminal when it berths at the Terminal. A Ship shall be deemed to have left the Terminal when its mooring lines are removed from the Terminal's berth.

b) Goods and Equipment shall be deemed to have been delivered to the Terminal in the following circumstances:-

i) In the case of Goods and Equipment delivered by Ships, once the Goods and Equipment have left the Ship's tackle or have left the Ship having been lifted from the Ship by SCT's tackle;

ii) In the case of Goods and Equipment delivered by means other than Ships, once the Goods and Equipment enter the Terminal.

c) Goods and Equipment shall be deemed to have been delivered to the Customer:-

i) In the case of Goods and Equipment to be delivered to a Ship, once the Goods and Equipment have been lifted by the Ship's tackle from the Terminal or once SCT's tackle has placed the Goods and Equipment on to the Ship and come clear of the Goods and Equipment;

ii) In the case of Goods and Equipment to be delivered to a road or rail conveyance, once the Goods and Equipment have been placed upon the road or rail conveyance.

d) Without prejudice to the Conditions herein, SCT reserves the right but is under no obligation to:-

i) Remove Goods and Equipment immediately in the case of a hazard or danger to life, the environment or other property or other emergency and to dispose of such Goods and Equipment without notice;

ii) Open containers, inspect Goods or refuse to handle, move or otherwise deal with Goods or Equipment which in SCT's opinion appear to be or may become dangerous or hazardous to life, the environment or other property.

e) The Customer shall be responsible for the safe keeping of any PIN Number which is created by the Customer, its employees or agents or which is issued to the Customer, its employees or agents. If SCT releases or allows the release of the Goods or Equipment to a party who uses the correct PIN Number, SCT shall be under no liability whatsoever for such release unless the Customer can show that SCT was negligent in disclosing the PIN Number or releasing the Goods or Equipment without production of the correct PIN Number. The burden of proving that SCT was negligent in disclosing the PIN Number or releasing the Goods shall rest with the Customer.

f) The Customer shall be responsible for the safe keeping of any data, figures, passwords or other information of any nature entered within the VBS or any other computer or operating system used or operated by SCT and supplied to the Customer, its agents or employees which might be used to demand or otherwise facilitate the release of any Goods or Equipment from SCT. If SCT releases or allows the release of the Goods or Equipment to a party who uses correct data, figures, passwords or other information as entered within the VBS or such other computer or operating system, SCT shall be under no liability whatsoever for such release unless it can be shown that SCT was negligent in disclosing the data, figures, passwords or other information or in releasing the Goods or Equipment without proper production of such data, figure, passwords or other information. The burden of proving that SCT was negligent in the disclosure or release shall rest with the Customer.

g) The Customer warrants that its servants (and those of any agents or independent contractors it may engage) are trained and competent to carry out the tasks at any time assigned to them in relation to the giving of any instructions to SCT or the inputting of any information into any electronic service or system operated, managed or utilised by SCT (which shall include, but not be limited to, the CNS Community System and the VBS) whether such instruction or input of information is given in writing, verbally or by any electronic or any other means whatsoever. The Customer further and separately warrants that such persons have the full authority to give such instructions or input such information.

h) The Customer undertakes that it has complied with all relevant local, national and international legislation and regulations relating to the carriage, handling and movement of the Goods and SCT accepts no responsibility whatsoever for the failure of the Customer to comply with such local, national or international legislation or regulations or the consequences of such failure. The Customer hereby agrees to indemnify and hold SCT harmless from and against any failure to comply with any such legislation and regulations or the consequences of such failure.

i) Unless otherwise specified in writing to the Terminal Manager before the Goods or Equipment are delivered to the Terminal, the Customer warrants that any Goods, Equipment or Ship which it delivers, directs to or causes to be upon the Terminal:

i) are not dangerous to health, property or the environment or otherwise hazardous, poisonous or flammable or liable to become so in the form in which they are delivered and/or in which they are to remain while on the Terminal;

ii) are not toxic or liable to give off any injurious dust, gas, fumes, liquid or radiation;

iii) are not infested, verminous, rotten or subject to fungal attack and not liable to become so while on the Terminal;

iv) are not over-heated or under-heated or liable to become so while on the Terminal;

v) will not contaminate or cause danger, injury, pollution or damage to any person or any other Goods or Equipment or Ship or the Terminal or the environment adjacent thereto or generally;

vi) require for their safekeeping no special protection (other than as may be agreed in writing between SCT and the Customer) arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other Goods or from inflammability but will remain safe if left standing in the open or on the Terminal or in covered accommodation if agreed in writing with SCT;

vii) contain no unauthorised controlled drugs, contraband, pornographic or other illegal matter;

viii) are properly and sufficiently packed in accordance with all Government and Local Government Regulations, Laws and Bylaws (which, for the avoidance of doubt, is to include Legislation, Directives, Orders or other Regulations or Laws passed by the European Union and any Court or legislative body thereof) from time to time applicable and the Codes of Conduct, practice directions and regulations of the International Maritime Organisation and the Health & Safety Executive;

ix) are properly and sufficiently marked, accurately documented and labelled for all shipping, cargo handling, despatch, customs and like purposes;

x) are properly marked with any warning as to the hazardous nature of any contents and the precautions to be taken in handling the same and (in the event of the escape of anything injurious there from) as may be necessary to ensure the safety and health of all persons likely to handle or come into contact with the Goods, Equipment or Ship;

xi) are fit for their intended purpose and in a fit and proper condition to be handled or otherwise dealt with by SCT, its Equipment and employees;

j) The Customer warrants that it will immediately inform the Terminal Manager of any occurrence or incident which might affect the safe and efficient operation of SCT or other persons using the Terminal and take, at its own cost, such reasonable steps to control or eliminate any danger or inconvenience as may be required by SCT. Without prejudice to the foregoing, the Customer shall indemnify and hold SCT harmless from and against any costs, fines, claims, indemnities or other losses of whatever nature arising from such occurrence or incident unless the occurrence or incident has been caused by the negligence of SCT.

k) All manifests, delivery orders, sub-orders, shipping notes/advices, consignment notes, documents of title, Goods handling instructions and orders for any Services provided by SCT which are necessary for SCT's safe and efficient handling of the Goods, Equipment or Ship must be lodged with the Terminal Manager or entered on the CNS Community System before the Services are required to be performed. Any order given verbally must be confirmed in writing as specified above.

l) SCT will exercise all reasonable despatch in providing Services but will not be liable for any delay whatsoever, howsoever caused, unless agreed to the contrary in writing with SCT. If such agreement is reached, SCT's liability will be limited in accordance with Clause 5(d) below.

m) Goods and Equipment which for any reason whatsoever cannot be delivered at the time of delivery into the Terminal from a Ship or otherwise will be placed on the quays, or elsewhere within the Terminal at the expense of the Customer. SCT's charges, including quay rental, will be paid by the Customer. Details of SCT's charges will be provided to the Customer upon request.

n) The Customer will be solely responsible for complying with all formalities, procedures and regulations prescribed by HM Revenue and Customs, HM Immigration, Southampton Port Health Authority, Department of Environment, Food and Rural Affairs or other statutory, Governmental or Local Governmental department which arise from or in relation to the Goods, Equipment or Ship. SCT will be under no liability for any acts or omissions of HM Revenue and Customs, HM Immigration, Southampton Port Health Authority, Department of Environment, Food and Rural Affairs or other statutory, Governmental or Local Governmental department whatsoever and howsoever arising.

o) All Goods and Equipment brought to the Terminal by road for shipment must be accompanied by a standard shipping note and any other documents necessary to complete UK customs clearance procedures and, where appropriate, a dangerous goods note or the equivalent detailed information transmitted into the CNS Community System.

p) All Goods and Equipment brought to the Terminal by rail for shipment must be accompanied by a standard shipping note and any other documents necessary to complete UK customs clearance procedures and, where appropriate, a dangerous goods note or the equivalent detailed information transmitted into the CNS Community System not later than the arrival of rail wagons conveying such Goods. Prior notification must be given to the Terminal Manager to allow any necessary wayleave or other arrangements to be made with any operator of rail services into the Port of Southampton.

q) Subject to alternative arrangements being agreed in writing with SCT any standard shipping note, dangerous goods note (where appropriate), temperature control document, entry into the CNS Community System or other document accompanying the Goods or Equipment as required in paragraph 3(o) above must specify marks and number of packages, description of Goods, gross weight, any weight imbalances, cubic measurement, the name of any Ship or port to which the Goods are to be shipped (where appropriate), any special carriage or storage requirements of the goods and the name and address of the Customer or company to whom charges are to be rendered.

r) A standard shipping note or dangerous goods note in respect of Goods or Equipment of a dangerous, hazardous or poisonous nature must be clearly endorsed to that effect and the information entered into the CNS Community System must include the IMDG Class and the UN number and the Goods and Equipment labelled in accordance with the prescribed statutory regulations.

s) The Customer warrants the accuracy of any information or documentation provided by or on behalf of the Customer and the Customer warrants the sufficiency of any packaging, marks, and information provided by or on behalf of the Customer. SCT shall not be obliged to inspect, check or verify any such information, documentation, packaging or marks and shall not be responsible for any errors or deficiencies therein or thereof.

t) The Customer shall provide SCT with all documentation which SCT may need to comply with the obligations imposed by COSHH or any similar regulations, rules or requirements. Such documentation shall include, without limitation, material safety data sheets