Queensland Bulk Terminals Pty Ltd

CONTAINER PACKING PROTOCOL

Table of Contents
1. Definitions and interpretation ..................................................................................- 3 2. Container Packing Process ......................................................................................- 4 3. Container Packing Application Required Information ........................................- 4 4. Product Receival Plan ...............................................................................................- 5 5. Vessel and Shipping Line Revisions .......................................................................- 6 6. Readiness of Cargo ...................................................................................................- 6 7. Container Suitability..................................................................................................- 7 8. Outturn Tonnage .......................................................................................................- 6 9. Completion of Out loading of Product.....................................................................- 7 10. Change to Confirmed Outturn Tonnage ..................................................................- 7 11. Product Accumulation for Site Assembly ...............................................................- 7 12. Notification of Changes in Outturn Period and Load Out Dates ...........................- 7 13. Conditions of Services..............................................................................................- 7 14. Failure to Provide all Relevant Information within specified periods ...................- 9 15. Dispute Resolution ....................................................................................................- 8 16. Review of these Protocols ........................................................................................- 9 17. Documents Received Outside of Office Hours .......................................................- 8 ANNEXURE A .....................................................................................................................- 10 List of Forms and times for forms to be submitted. ...................................................................... - 10 -

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These Port Terminal Services Protocols apply to the handling of Product loaded out through the containerised bulk loading equipment owned by Queensland Bulk Terminals Pty Ltd (QBT) and situated at 156 Colmslie Road Murarrie, Queensland Facility. This document set out the processes and procedures which QBT will apply to handle, load and deliver product, to be shipped in standard general purpose shipping containers. In order to become a client of QBT, an exporter (the Client) must first enter into a Bulk Storage & Handling Agreement, Container Packing Agreement or other such Agreements requiring the use of the Port ( Agreement) with QBT. Any terms not otherwise defined in these Protocols will have the same meaning as defined in the Agreements.

1.
1.1

Definitions and interpretation

Definitions The following definitions apply unless the context otherwise requires or if not defined in this Protocol have the same meaning as those defined in the Bulk Storage and Handling Agreement, Container Packing Agreement or other such Agreements for the relevant season: Agreement means a Bulk Storage and Handling Agreement, Container Packing Agreement or other such agreements that may require exporting product from the terminal Annexure A means the Annexure A attached to this document Booked Outturn Tonnage means the amount of product (in metric tonnes) that QBT agrees to outturn to the Client. Client means an exporter of commodity out of QBTs Port Terminal that has entered into an Agreement with QBT. Receival Window means the period of time in which the required tonnage is to be received by QBT to enable the load out of the Clients product onto their nominated transport. ETA means estimated time of arrival ETA Nomination has the meaning given in clause 6.1 Outturn Tonnage means the number of tonnes of product cargo QBT agrees to outturn on behalf of the Client. Office Hours means 8:00 am to 4:00 pm AEST, Monday to Friday excluding public holidays. Product Receival Plan means a plan for the assembling Product at the Facility for the loading of product into containers. TBA in relation to this document means to be advised.

1.2

Interpretation Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise. (a) (b) (c) (d) The singular includes the plural, and the converse also applies. A gender includes all genders. If a word or phrase is defined, its other grammatical forms have a corresponding meaning. A reference to a clause, schedule, annexure is a reference to a clause of, or schedule or annexure to this Protocol. -3-

(e) (f)

A reference to conduct includes an omission, statement or undertaking, whether or not in writing. Mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included.

2.
2.1

Container Packing Process

A Container Packing Agreement must first be in place between the Client and QBT before any product will be received at QBT.

2.2

In order to establish a packing date for containerised bulk commodities or for domestic out loading, the Client must submit a QBT Container Packing Application (CPA) to QBT, for a named vessel or nominated carrier with all mandatory fields completed per clause 3.1

2.3

Following receipt of the CPA, the Client will be advised by COB on the next business day of QBTs acceptance, rejection or otherwise of the CPA and if accepted the terms on which the CPA is accepted (QBT Accepted Terms).

2.4

A CPA must be submitted to QBT no less than 14 days prior to the vessel cut off date or proposed domestic load out date

2.5 2.6

QBT in its sole discretion may accept or decline a CPA whenever it is received. Applications accepted by QBT are allocated to the Client and are not transferable to any other entity (included related corporate) or person unless agreed by QBT.

3.
3.1

Container Packing Application Required Information

A Container Packing Application must contain upon application the minimum following information: (a) A nominated carrier details which clearly state: (i) (ii) (iii) (iv) (v) (vi) (b) (c) (d) Nominated vessel with ETD and ETA Shipping Line Booking / Container release number Container park for pickup of empty containers Vessel cut off date Number and type of containers Booking destination

Cargo details including the product/(s) and grade/(s) Maximum nominated tonnage to be loaded. Export permits, Customs and AQIS export clearance references and all other necessary references to deliver containers, relating to each CPA, to the wharf, ready for export. Fumigation requirements

(e)

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3.2

If the Client has available additional information regarding the Vessel and the Product specifications, the Client is to provide such information on the CPA.

3.3

The CPA requires all mandatory fields to be completed prior to QBT picking up and loading any containers under the intended CPA.

3.4

Should the information required at clause 3.1 not be supplied at that time, QBT may at its sole discretion, cancel the booking.

3.5

QBT will advise the customer of CPA approval by confirming a QBT job number and advising the client of a receival window to receive product, also known as QBT Accepted Terms

3.6

After receiving acceptance from QBT, the Client must submit a Product Receival Plan or equivalent information stipulating proposed deliveries of product into QBT by 4pm on the Business Day prior to delivery.

4.
4.1

Product Receival Plan

The Client must forward to QBT a Product Receival Plan which specifies, among other things: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) the product the grade(s)/specifications; Origin of the product (including name of storage provider and location); the estimated period for accumulation; Requested hours of operation of QBTs facility (if outside of standard operating hours); Transport company details, Registration details, Requested time of arrival Any other special requirements

4.2

QBT will accept assembly only during the Receival Window, as nominated in the QBT Accepted Terms. Assembly may be accepted prior to commencement of the Receival Window with approval from QBT at their sole discretion;

4.3

QBT will store the assembled product from the first day of the Receival Window to the Vessel Cut Off date free of charge, outside of which, storage may be charged at the agreed rate;

4.4

QBT reserves the right to amend, accept or reject a load schedule and any changes be communicated to the Client as soon as practical A daily storage report will be sent by QBT to the Client on a daily basis detailing tons received and available for container loading.

4.5

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5.
5.1 5.2

Vessel or Shipping Line Revisions

The Client may, at their discretion, change the nominated vessel with another booking; Any substitutions must be made prior to any containers being picked up by QBT or its transport contractor. Any charges incurred, resulting from the substitutions of vessels or container lines, are for the Clients account

5.3

5.4

Acceptance of substitutions with an earlier cut off than the previously nominated, are at the sole discretion of QBT; Substitutions for vessels with a later cut off than the previously nominated vessel booking will be accepted with storage charges pursuant to Clause 4.3

5.5

5.6 5.7

Any revisions must be accompanied with a CPA in accordance with Clause 3.1 Any charges incurred by QBT as a result of failure to supply a revised CPA in the event of substitution, are for the account of the Client

6.
6.1

Readiness of Cargo
The Client must physically accumulate the Nominated Outturn Tonnage for each Grade to be Outturned during the Receival Window. If sufficient product has not been accumulated prior to the close of the Receival Window, the Client will be liable for all receipt, storage, outturn and any other applicable fees that would be reasonably expected to have been invoiced if the Client would have accumulated the required tonnage.

6.3

6.4

In the event the Client delivers more product than advised on the CPA, QBT will notify the Client and arrange an alternative solution with the Client to pay associated charges with loading, storing, transferring or otherwise incurred by QBT.

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7.
7.1

Container Suitability
The Client is responsible for the condition and state of containers for loading and for all export containers passing relevant Marine, AQIS and any other survey required by regulation relating to the export of Product from Australia.

7.2

In the event of the Clients containers failing a Marine, AQIS or other survey that may be required by regulation, QBT reserves the right to reject containers and return them to the originating container depot at the Clients cost.

7.3

Any delays, costs or otherwise incurred during, or incurred as a result of containers being rejected, are the sole responsibility of the Client and they alone are responsible for the costs and any vessel substitution and charges pursuant to Clause 5.1 e).

7.4

Where cargo under a CPA is not able to load as a result of rejection pursuant to Clause 7.1 b), loading priority will be given to CPAs that have confirmed bookings in the relevant loading period.

8.
8.1

Outturn Tonnage
Where the total tonnage loaded into the containers is greater than the maximum Outturn Tonnage nominated on the CPA, then QBT will invoice the Client the actual tonnage at current rates set out in the agreement.

9.
9.1

Completion of Out loading of Product

Where QBT is unable to complete the load out of product to meet the vessel nominated under the CPA due to factors beyond the control of QBT, QBT will charge all storage, transfer and / or loading charges incurred as a result of the delay.

10.
10.1

Change to Confirmed Outturn Tonnage

Where the Client wishes to decrease or increase the Confirmed Outturn Tonnage, they must submit to QBT a request for changed Outturn Tonnage through a revised CPA.

10.2

QBT at its sole discretion will either confirm acceptance or rejection of the requested change to Outturn Tonnage.

10.3

QBT will also at the time of acceptance of the change referred to in clause 10.1 advise the Client of any applicable charges.

10.4

Any product remaining after container packing has completed will be subject to storage charges as per Clause 4.3

11.
11.1

Product Accumulation for Site Assembly

Insufficient Product Accumulated to Load Container (a) (b) The Client shall accept full responsibility for the accumulation of all cargo tonnage at the Facility. If the Client has not accumulated sufficient product to complete loading of cargo nominated in the CPA, QBT will discuss with the Client available options. -7-

(c)

Pursuant to Clause 4.2, the Client has stipulated free time storage to accumulate and load product to meet the nominated vessel, after which, a storage fee may be charged.

12.
12.1

Notification of Changes in Outturn Period and Load Out Dates

QBT will endeavour to ensure that the Clients Container Packing Application will be held for the Client. However, in certain circumstances, QBT may make changes to the QBT Accepted Terms for the following reasons: (a) (b) (c) If the cargo is not exportable or ready to be out turned by the relevant Load Out Date; If a Force majeure event occurs; If a container/s fails to pass required marine and Australian Quarantine and Inspection Service port surveys; (d) If poor or dangerous weather requires the Outturn Period or Load Out Date to be delayed in the interests of safety; If there is a change to the ETAs of the Clients vessel If the Client has not complied with the relevant notice periods within this document; If QBT has not received the Clients CPA and or has not accumulated sufficient product to load; If the Client fails to pay any storage or handling charges due and payable; Or any other factors outside of the control of QBT

(e) (f) (g) (h) (i) 12.2

In the event of a change in the QBT Accepted Terms, QBT will provide notification to the Client in writing and additional storage fees will apply.

13.
13.1

Conditions of Services
Events beyond QBTs control (a) The Client acknowledges and accepts that there may be matters and events beyond QBTs control, including but not limited to: (i) Changes in Site Assembly including low receipting of stock caused by factors outside of QBTs control; Failure of supplied containers to pass any quarantine requirements or other inspections, product quality related matters, etc; Delays due to freight or other service providers and rain or high winds that prevent container loading which means QBT cannot guarantee that cargo tonnage will be ready for loading, as scheduled.

(ii)

(iii)

(b) (c)

QBT will where reasonably possible try to avoid any changes or delays. The Client will be advised immediately when changes or delays occur.

13.2

Dust Emissions (a) QBT has the right to mitigate dust emissions at the Facility including moisture conditioning of product. -8-

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Failure to Provide all Relevant Information within specified periods

In circumstance where the Client fails to provide the relevant information within the specified time periods as nominated in this document, QBT may cancel the Container Packing Application with all costs that would have been reasonably charged by QBT to be charged to the Client at QBTs sole discretion.

15.
15.1

Dispute resolution
In the event that the Client disputes QBTs adherence to these Protocols, the Client should in the first instance contact the Terminal Manager. Dispute resolution procedures per Clause 21 of the Agreement are to be followed.

15.2

Notices (a) All notices referred to in this document must be completed and emailed to the email address as listed at clause 15.3

15.3

Address for forms/notices: portoperations@wilmargavilon.com

16.

Review of these Protocols

QBT may vary these Protocols from time to time for business purposes and will notify Clients by giving 30 days notice.

17.
17.1

Documents Received Outside of Office Hours

Documents/Forms received by QBT outside of business hours (8:00 am to 4:00 pm AEST) Monday to Friday or on public holidays are taken to have been received at the commencement of the next business day.

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ANNEXURE A List of Forms and times for forms to be submitted.