Internal regulations
CHAPTER I – RECEIPT AND STORAGE OF GOODS
ARTICLE 1 – The COMPANY will receive bulk liquids in deposit, keeping them and issuing, upon request, the component titles that represent them, pursuant to Federal Decree No. 1102, of November 21, 1903, and to the current legislation.
Paragraph One – The CONTRACTING PARTY must ensure that, upon arrival at the Terminal, it will be possible to unload the PRODUCT immediately, without any delay or restriction.
Paragraph Two – If the weight of the cargo calculated on the COMPANY’s weighing scale differs from the one calculated on the CONTRACTING PARTY’s weighing scale, the weight indicated by the COMPANY shall be considered the official/final one.
Paragraph Three – The CONTRACTING PARTY shall make sure that any vessels and/or vehicles that are loading and unloading PRODUCTS in the Terminal are removed from the Terminal:
a) immediately after PRODUCT loading and unloading has been completed; and
b) if the COMPANY deems it necessary and requests its removal: (i) as a result of the applicable law; (ii) in an emergency situation (or to prevent an emergency situation), and (iii) when there is a delay in ship loading and unloading, considering its technical specifications, Terminal facility capacity, and the terms and conditions set forth in the related CONTRACT.
Paragraph Four – If the captain of the ship or the driver of the vehicle who is notified of an event, under the terms of Paragraph Three above, does not remove the ship or vehicle upon COMPANY request, the CONTRACTING PARTY shall be liable for all costs and expenses arising from the failure of the driver or captain, as the case may be, to remove the ship or vehicle, and the COMPANY shall be entitled to remove, or request the removal of the ship or vehicle at the CONTRACTING PARTY’s risk and expense.
ARTICLE 2 – Liquid bulk pumping and tanking services shall be done in a maritime terminal. Additional services may be performed upon the depositor’s request, provided that they are not in breach of the laws and/or bylaws.
Paragraph One – If the CONTRACTING PARTY requests the execution of services in addition to those provided for in the CONTRACT’s clauses, the COMPANY undertakes to verify, on a case-by-case basis, the possibility of performing them, with the costs resulting from such services being informed to the CONTRACTING PARTY in due course.
ARTICLE 3 – The request for storage and related services must be addressed to the COMPANY, with the signature of the depositor or his representative, through a proposal that must detail the following:
- a) name and domicile of the owner of the goods;
- b) condition and packaging;
- c) period of storage;
- d) quantity, brand, and weight or volume, and
- e) the order for whom the goods will be kept.
ARTICLE 4 – At the discretion of the COMPANY’s management or Trustees, the deposit may be refused in the following cases:
- a) goods unaccompanied by tax documentation, with irregular documentation, or in the event there is falsehood in proposal statements;
- b) if there is not enough space available in the warehouses for storage, and
- c) due to any other irregularity found upon receipt.
ARTICLE 5 – The Trustees will receive the goods and, after they have been checked, deliver the receipt to the party concerned upon request, being allowed to sign the document together or separately.
ARTICLE 6 – The COMPANY is not liable for the goods deposited in its warehouses in these cases:
- a) due to weight breakage or damage, defects that are still hidden, or to changes in quality resulting from nature and packaging or from atmospheric variations;
- b) occurrence of acts of God or force majeure, including earthquakes, civil war, revolutions, and changes in public order, and
- c) insurance company insolvency.
ARTICLE 7 – The transfer of goods from one warehouse to another is equivalent to a new entry, which subjects the depositor to the payment of all previous expenses, in addition to complying with all tax requirements.
ARTICLE 8 – The deposited goods shall be delivered upon the return of the Warehouse Receipt, provided all services, storage, advances, interest, commissions, and any other expenses incurred have been paid.
Sole Paragraph – The COMPANY shall issue a monthly service provision invoice, where it shall list the amounts owed to it for such provision and other costs and expenses, including insurance for the goods deposited.
ARTICLE 9 – Pursuant to article 14 of Federal Decree 1102/1903, the COMPANY may retain any goods deposited to guarantee storage fees or any other costs and expenses arising from conservation or other service that is requested to it.
Sole Paragraph – Lien shall be exercised as follows:
- a) the depositor and/or the owner of the goods shall be notified by registered letter, so that, within a period of eight days from the receipt of the correspondence, they pay the amounts specified therein;
- b) at the end of the period described in item “a” of this paragraph, without proof of payment, the goods in an amount corresponding to the defaulted amount shall be sold at a public auction, in accordance with Federal Decree No. 1102/1903 and other applicable legal provisions, and
- c) the depositor shall bear all auction costs, including the public auctioneer’s commission.
Article 10 – At its discretion, the COMPANY may mention in the correspondence described in item “a” of the sole paragraph of article 9 of these Regulations that failure to pay the amounts specified therein within eight days will cause the termination of the deposit contract.
Sole Paragraph – Upon termination of the deposit contract, all goods entrusted to the COMPANY will be auctioned, and the outcome of this sale, deducted of the expenses with the auction, including the auctioneer’s commission, shall be used to reimburse the COMPANY for amounts in default up to the date of the auction; the balance, if any, will be delivered to the interested party upon return of the Warehouse Receipts or other document issued on the date of the deposit of the goods.
CHAPTER II – WAREHOUSE LIABILITY
ARTICLE 11 – In addition to the liabilities set forth under the law, the COMPANY is liable for the custody, conservation, and for the prompt and faithful delivery of the deposited goods, for the fault, fraud or willful misconduct of its employees and agents, and for thefts of goods occurring under its custody.
ARTICLE 12 – The damage owed by the COMPANY, in the cases provided for in the previous article, cannot be in excess of the price of the goods in the place and on the day on which they must be delivered.
CHAPTER III – INSURANCE
ARTICLE 13 – The COMPANY must, on its behalf and on behalf of the depositors, insure the goods on which they issue Warehouse Receipts and Warrants, and shall always keep the respective policies in force.
ARTICLE 14 – Regarding goods deposited by means of a Warehouse Receipt, whenever the depositor does not state they waive the insurance, the COMPANY shall hire insurance, on its behalf and on the behalf of the depositors.
ARTICLE 15 – In the event of a claim, the insurance company shall settle the insurance based on the value stated in the respective policy; the depositor shall receive the respective balance, after the deduction of taxes, fees, freight, and other expenses. Storage shall count through the day of the loss.
CHAPTER IV – DEPOSIT TERMS
ARTICLE 16 – Deposit terms shall be defined by agreement between the parties. The respective fee shall be charged in accordance with the remuneration rate schedule filed with the Board of Trade.
Paragraph One – In the absence of a specific provision, the maximum storage period shall be [6] ([six]) months, which may be freely extended between the parties.
Paragraph Two – For foreign goods deposited under the customs house regime and/or subject to import control, the extension of the operation shall observe the maximum periods provided for in the Customs Regulations and in the specific legislation.
ARTICLE 17 – If the goods have not yet been removed after the deadline or extension, they shall be considered abandoned. The depositor shall be notified by registered letter, to, within eight days, pay the due fees and remove the goods, under the penalty of their being sold at public auction, pursuant to Federal Decree No. 1102/1903.
ARTICLE 18 – The extension of the maximum deposit period, by agreement between the parties, must be made by means of a statement in writing, in a free, but unequivocal manner, observing the powers of representation of the depositor and the COMPANY.
ARTICLE 19 – The goods shall be auctioned in compliance with the legal precepts that govern the matter, and the net product of the sale shall be delivered to the interested party upon return of the receipts or other document issued on the date the goods were deposited.
CHAPTER V – DEPOSIT RECEIPTS, WAREHOUSE RECEIPTS AND WARRANTS
ARTICLE 20 – The COMPANY shall deliver to the depositor of the goods, upon request, a Deposit Receipt, a Warehouse Receipt or Warrant, fully complying, from the issuance to the final settlement of such documents, with the provisions set forth under the current legislation.
ARTICLE 21- The goods that serve as the base for the issuing of Deposit Receipts, Warehouse Receipts and Warrants shall be insured against risks in the amount stated by the depositor; in the absence of this, for an amount arbitrated by the COMPANY, and must be free of any encumbrance or expense.
ARTICLE 22 – The documents this chapter refers to must feature the signature of the Warehouse Trustees, jointly or separately.
ARTICLE 23 – In the event of loss of any title issued by the COMPANY, the procedure shall be conducted in accordance with article 27 and paragraph of Federal Decree No. 1102/1903.
ARTICLE 24 – The COMPANY shall be liable for any irregularity found in the titles it issues. If defects are found in any of the titles, the COMPANY may file a suit against the author in accordance with the law.
ARTICLE 25 – Deposit Receipts, Warehouse Receipts, and Warrants must feature the expenses to which the respective goods are subject.
CHAPTER VI – GENERAL PROVISIONS
ARTICLE 26 – All services shall be executed solely by COMPANY employees, and the depositor shall have the option of inspecting them.
ARTICLE 27 – Regular working hours at the COMPANY’s offices shall be from 8:00 am to 6:00 pm, from Monday to Friday.
Paragraph One – The Terminal’s opening hours for truck loading and unloading shall be 6:00 am to 10:00 pm, from Monday to Saturday.
Paragraph Two – Road Transport Schedule. The CONTRACTING PARTY must e-mail the “Cargo Plan” to the COMPANY, and such plan shall contain the handling, products, and start and end period for loading and/or unloading at the COMPANY, no later than 5:00 pm on the business day prior to the beginning of the scheduled road transport for timetable release. The CONTRACTOR shall schedule the vehicles in accordance with the available time slots, exclusively through the COMPANY’s computerized scheduling system (“scheduling software”). The Carrier must have the “Scheduling Order” in hand to enter the Yard.
Paragraph Three – For road transport purposes, the COMPANY shall only accept for loading and/or unloading tank trucks with a minimum net operating capacity (tank capacity) of 46 m³ (forty-six cubic meters).
Paragraph Four – For ship loading and unloading, the Terminal will operate 24 (twenty-four) hours a day, seven days a week.
Paragraph Five – Vessels shall only be authorized to dock, and vehicles shall only be admitted to the Terminal if the CONTRACTING PARTY and the COMPANY have agreed to this in advance.
ARTICLE 28 – The depositor of the goods, or a third party they have authorized, may inspect them during office hours, subject to the provisions of Article 27 above, provided that this is authorized by warehouse staff, jointly or separately, on a day and time booked in advance for visitation.
ARTICLE 29 – The COMPANY shall not be liable for losses and damages to goods, within the limit of 1.0% of the deposit amount.
ARTICLE 30 – Cases of omission or not provided for in this Regulation shall be governed by the provisions of Federal Decree No. 1102, of November 21, 1903, and other laws in force in the Country that regulate the matter.