Port of Redwood City Tariff No. 8
675 Seaport Boulevard, Redwood City, California 94063
Phone: (650) 306-4150 Fax: (650) 369-7636

SECTION I - GENERAL RULES
Item No. 1 BOARD OF PORT COMMISSIONERS (C) Issued: July 1, 2008 Effective: August 1, 2008


The Board of Port Commissioners of Redwood City is a municipal corporation of the State of California and is also referred to as the Board or as the Port of Redwood City.

The Board of Port Commissioners is a legislative and administrative body of the City with authority to act in all matters pertaining to the operation and governing of the Port, its facilities and its properties.

The Board of Port Commissioners:
Larry Aikins
Richard S. Claire
Richard A. Dodge
Ralph A. Garcia
Lorianna Kastrop

 

Item No. 2 STAFF (C) Issued:  July 1, 2008 Effective: August 1, 2008


The Executive Director, in respect to Port matters is the executive officer for the Board of Port Commissioners.

Staff:
Michael J. Giari ___________ Executive Director
Cynthia Hampton ___________ Director of Finance and Administration
Donald Snaman ___________ Manager of Operations


Item No. 3 APPLICATION OF THIS TARIFF Issued:  July 7, 1999 Effective: July 21, 1999


(A) This tariff applies at the marine terminals of the Port of Redwood City and at all properties under the jurisdiction of the Board of the Port Commissioners that are used in producing, receiving, storing or distributing cargo in maritime transportation.

(B) Use of the Port facilities described in (A), above, constitutes acceptance of this tariff and application of its rules, regulations and charges.

Item No. 4 ABBREVIATIONS Issued:  July 7, 1999 Effective: July 21, 1999

Bbls.
Cu. Ft.
Etc.
Gals.
Kg.
Lbs.
M3 
MFBM
Pkg.
S.U. 
W/M
$

Barrels
Cubic Feet
Et Cetera
Gallons
Kilogram
Pounds
Cubic Meters
1000 feet board measure
Package
Set Up
Weight or Measure
U..S. Currency

B.M. or b.m.
E.G.
Ft.
Incl.
K.D.
M
MT
No.
N.O.S.
Viz.
%

Board Measure
For Example
Foot or feet
Inclusive
Knocked Down
Meter
Metric Ton
Number
Not otherwise stated
Namely
Percent
Item No. 5 SYMBOLS Issued:  July 7, 1999 Effective: July 21, 1999


( A ) Denotes Increase
( D ) Denotes Deletion
( C ) Denotes Change in Wording which results in neither increase nor decrease in rates or charges
( E ) Denotes Expiration
( R ) Denotes Reduction
( I ) Denotes New or Initial Matter
( N ) Denotes Reissued Matter
( G ) Denotes General Increase or Decrease

Item No. 6 METRIC CONVERSION TABLE Issued:  July 7, 1999 Effective: July 21, 1999

To Find
   

Metric Tons
Metric Tons
Kilograms
Cubic Meters
Meters

Given

Short Tons (2,000 lbs.)
Long Tons (2,240 lbs.)
Measurement Tons (40 cu. ft.)
MFBMs (ft. B.M., in thousands)
Feet (linear)

Multiply

Short Tons (2,000 lbs.) by 0.907
Long Tons (2,240 lbs.) by 1.016
Measurement Tons by 1.133
Measurement Tons by 2.36
Feet by 0.3048

Metric Equivalents:


1 Kilo = 2.2046 Pounds
1 CWT (US - 100 pounds) = 45.36 Kilos  
1 Bushel Grain (US) = 60 Pounds  
1,000 Ft. B.M. = 83.33 Cubic Feet
1 Meter = 3.2808 Feet
1 CWT (British - 112 pounds) = 50.80 Kilos
1 Cubic Meter = 35.315 Cubic Feet
1 Barrel = 158.987 Gallons (US - 42 Gallons)
Item No. 10 DEFINITIONS Issued:  July 3, 2000 Effective: July 17, 2000


GENDER REFERENCE: Except as otherwise specified in this tariff, references to the male gender shall be considered to apply to the female gender, and vice versa.

CARGO: Includes, but is not limited to commodities, merchandise, goods, wares, freight, liquids, articles and materials, empty containers (cargo vans), as defined below in this item, live animals, vessel's stores, supplies, bunkers and any and all property not specifically described.

CARGO IN BULK: Commodities which, by nature of their unsegregated mass, are usually handled by shovels, scoops, buckets, forks, magnets, mechanical conveyers, or in fluid form through a pipeline or hose, and which are loaded or unloaded and carried without wrappers or containers and received and delivered by carrier without transportation mark or count. (Will not apply when subject to piece count).

CONTAINER (CARGO VAN): A rigid, non-disposable dry cargo, insulated, temperature or atmosphere controlled, flatrack, vehicle rack, portable liquid tank, or open top container without wheels or bogies attached, having not less than 225 cu. ft. Capacity. All types of containers will have fittings and fastenings and be constructed to withstand all stresses that may occur in normal intermodal transportation.

DIRECT: A continuous operation between barge, railcar, truck and vessel when performed by vessel's stevedores, a pipeline, hose, or any mechanical means.

HOLIDAYS: New Year's Eve (Dec.31) New Year's Day, Martin Luther King's Birthday (3rd Monday in January), Lincoln's Day, Washington's Day, Memorial Day, Independence Day, Harry Bridges' Birthday (July 28), Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Eve Day  (Dec 24), Christmas Day, any other legal holiday that may be proclaimed by Federal or State Authority and general election days, both State and National.

INBOUND: Cargo being or having been discharged from a vessel.

INDIRECT: Relates to cargo destined to or from a vessel when it is transferred between land carrier and place of rest on a terminal.

O.C.P.: O.C.P. Territory is defined as cargo origins or destinations in the United States located in North Dakota, South Dakota, Nebraska, Colorado, New Mexico and states east thereof and points in Canada east of the Saskatchewan-Manitoba boundary lines.

OUTBOUND: Cargo being assembled for or awaiting loading to a vessel.

PORT OF REDWOOD CITY OR PORT: Consists of the maritime properties under jurisdiction of the Board of Port Commissioners.

TERMINAL: Refers to the warehouses, wharves and docks designed to accommodate ocean going vessels and their cargoes and other adjacent facilities subject to this tariff.

TONS: Cubic meter(M3), (35.315 cu.ft.) a measurement ton.
          Metric ton(MT), 1,000kgs (2204.6 lbs.) a weight ton.

TRANSFERRED CARGO: Cargo received from land transportation and removed by land transportation.

TRANSSHIPPED CARGO: Cargo directly transferred through Port facilities from one vessel to another within the Port.

UNITIZED CARGO: Cargo secured to pallets, platforms or skids with component parts securely held together to form a single unit capable of being handled with mechanical equipment.

Item No. 100 APPLICATION OF RATES, RULES & REGULATIONS Issued:  July 7, 1999 Effective: July 21, 1999


(A) The applicable rates, rules and regulations in this tariff are those in effect at the time the charge accrues or situation occurs, and they apply to all users of the Port. (See Item No. 3 (A)).

(B) In the absence of a specific commodity rate, the commodity not specified herein shall be rated as "Cargo, N.O.S." and not by analogy.

(C) When a specific commodity rate is given, it is the only applicable rate for that commodity.

Item No. 101 MINIMUM CHARGE (A) Issued:  June 1, 2007 Effective:  July 1, 2007
 


Except as otherwise provided in the different sections of the tariff, the minimum charge for any service or combination of services under this tariff shall be fifty six dollars ($56.00).

 

Item No. 102 LIGHTS AT NIGHT Issued:  July 7, 1999 Effective:  July 21, 1999


All vessels, barges, etc. while anchored or moored in the Port of Redwood City must show lights in accordance with applicable Federal, State and local laws, rules and regulations.

Item No. 103 BULK CARGO-HANDLING REQUIREMENTS Issued:  July 7, 1999 Effective: July 21, 1999


(A) When any bulk cargo is being handled to or from a vessel the operators must meet all requirements of clean air standards established by public authorities.

(B) The Port of Redwood City assumes no liability for lost time due to shut down of operation ordered by such authority.

Item No. 104 PAYMENT OF CHARGES Issued:  July 7, 1999 Effective: July 21, 1999


(A) Before services and materials are rendered or the privilege of using any terminal facility is granted by the Port of Redwood City, vessels, their owners, operators, or charterers, shippers or consignees of goods or any other users or their agents, shall either establish prior credit which may be granted at the discretion of the Port Manager, or deposit with the Port of Redwood City cash (U.S. dollars) in advance to cover estimated charges, or furnish in advance a suitable financial instrument (in U.S. dollars) acceptable to the Port Manager in an amount sufficient to cover anticipated charges.

(B) The Rates, rules and regulations named in this tariff will apply irrespective of the provisions of any bills of lading, charter party, agreement, contract or any other conflicting provision.

(C) All charges for services and materials rendered by or the use of the terminal facilities of the Port of Redwood City are due and payable upon completion of such services or use.

(D) Payment of all invoiced charges are due when billed and become delinquent if unpaid 30 days after invoice date; and all charges not paid will be assessed one and a half (1.5%)percent per month or part thereof until paid.

(E) For invoice purposes, within four days after completion of cargo operations, a report is required, from the vessel's master, her agent(s) charterer(s) or owner, stating the cargo tonnage loaded out and or discharged at the Port.

Item No. 105 RUBBISH MUST BE REMOVED Issued:  July 7, 1999 Effective: July 21, 1999


If rubbish is not removed from the terminal by the person placing it there, the charge for the labor employed in removing such rubbish shall be assessed on a man-hour basis at the rates shown in Item 915.

Item No. 106 CLASSIFICATION OF TRADES Issued:  July 7, 1999 Effective: July 21, 1999


For the purpose of applying certain rates and provisions of this tariff, vessels and the cargo which they carry are classified according to trades in which the vessels are engaged and the cargo transported. (See Note). Such classifications are as follows:

CLASSIFICATION:
SERVICE BETWEEN THE PORT OF REDWOOD CITY AND:
Coastwise Ports located on the Pacific Coast in California, Oregon,
Washington and British Columbia.
Inland Waterway Ports on San Francisco Bay and inland waterways tributary
thereto but not via the Pacific Ocean.
Intercoastal Ports in the continental United States on the Gulf of Mexico
or the Atlantic Coast, including ports in Puerto Rico.
Transpacific Ports west of the 170th Meridian of West Longitude and
East of the 40th Meridian of East Longitude.
Foreign or Offshore Ports other than described above.

NOTE: When transfer is substituted for direct call of a vessel at the Port of Redwood City, cargo so handled is assessed the same charges as that applicable to cargo handled on direct call vessels.

Item No. 107 DAMAGE TO PROPERTY Issued:  July 7, 1999 Effective: July 21, 1999


(A) Every person and every vessel responsible for any damage to any municipal property of any kind or character under the jurisdiction of the Board shall be held liable for and charged with the cost and expense of the replacement or repair of the property so damaged or destroyed. The expense of repairing said damage including all surveys shall be charged against the person or vessel, or both, responsible therefore.

(B) In the event any damage is done to any wharf, wharf premises, facility or other property owned by the Port of Redwood City and in the possession of, or under the supervision, management or control of the Board of Port Commissioners, the person or persons causing, responsible for or in any way connected with such damage, and the person or persons to whom the wharf, wharf premises, facility or other property may be assigned, or by whom it is being used and the master, owner, operator, or agent of any vessel, vehicle, or other instrumentality in such damage, shall promptly give a full report thereof to the Port Manager giving the date and hour the damage occurred, the name and address, or if unknown, a description of witnesses and other persons, vessels or instrumentalities involved in the damage, as well as all other pertinent facts and information that may be available. It shall be unlawful for any person to refuse, neglect or fail to make or give any such report in the form and manner aforesaid, and in addition to the general penalties prescribed in this tariff, any such person who so refuses, neglects or fails, may be refused the use of any wharf or other facility until the Board of Port Commissioners has been fully reimbursed for any damage

Item No. 108 DISCHARGING OR DUMPING IN PORT WATERS Issued:  July 7, 1999 Effective: July 21, 1999


(A) It is unlawful for any person, industry, firm, association, corporation, vessel, or any other entity, to discharge, pump into, dump, or in any way or manner allow or cause oil, other pollutants or any discharge to escape into the waters of the Port of Redwood City. (See Harbors and Navigation Code, Division 1.5 Chapter 3).

(B) No substance or object that will sink or form an obstruction to navigation or become a nuisance shall be deposited into or upon the waters of the Port of Redwood City unless the person so doing has first obtained a permit from the U.S. Army Corps of Engineers, San Francisco and has written permission of the Port.

Item No. 109 DISPOSAL OF VESSEL'S OILY Issued:  July 7, 1999 Effective: July 21, 1999


Vessels requiring discharge of oily waste at the Port of Redwood City shall inquire of the Port's Manager for the name(s) of oily waste hauler(s) permitted by the Port of Redwood City to provide equipment and operate at the Port of Redwood City to receive, haul and dispose of oily waste. The vessel shall arrange directly with such oily waste hauler(s) for such services and equipment. Payment of charges for these services and equipment provided by such oily waste hauler shall be made directly to the oily waste hauler by the vessel, its agent, owner, charterer or any other party responsible for such payment of charges by the vessel.

The oily waste hauler(s) is not an agent or employee of the Port of Redwood City, nor shall the Port of Redwood City be liable for any act, omission or negligence of any such oily waste hauler. Rates and charges assessed vessels by the Port of Redwood City for use of its facilities or services do not include insurance coverage for any potential liability of any oily waste hauler permitted by the Port of Redwood City. The discharge by a vessel of oily waste at the Port of Redwood City shall be allowed only in accordance with the terms of this item.

Item No. 110 ESTIMATED WEIGHTS - PETROLEUM AND PETROLEUM PRODUCTS Issued:  July 7, 1999 Effective: July 21, 1999


When shipped in containers, and when actual weight or measurement is not obtainable, petroleum and petroleum products shall be subject to estimated weight of 6.6 pounds per gallon, except that crude, fuel or gas oil will be subject to estimated weight of 7.4 pounds per gallon.

Item No. 111 EXPLOSIVES AND OTHER DANGEROUS CARGOES Issued:  July 7, 1999 Effective: July 21, 1999


(A) It is unlawful to handle, transport, load, discharge or retain any dangerous cargo on a port or private facility or on a vessel within the Port area of Redwood City unless all Local, State and Federal laws and regulations including, but not limited to the following are met and complied with:

(1) Federal Regulations, titles "Explosive or Other Dangerous Articles on Board Vessel" CFR, Sec.4472, amended U.S. 46-CFR-170 and "U.S. Coast Guard Tank Vessel Regulations" amended U.S. 46-USC-391a.

(B) It is unlawful to allow any acid, flammable or any dangerous cargoes to remain overnight on or inside any facility (public or private) within the Port area.

Exception: The Port Manger may designate, with approval of the City Fire Marshal, such place or places where cargo described in (B) may remain pending load out or delivery.

(C) The Port Manager may have cargo, described in parts (A) and (B), removed from the Port area at the expense of the vessel, the cargo owner and/or its consignee.

(D) Before handling any class of explosive in this Port, a "Joint Explosives Permit" must be applied for in writing and obtained from the Port Manager after approval of the City Fire Marshal.

(1) The person obtaining this permit must agree and comply with all terms and conditions specified in the permit which, in addition to referencing the Federal, State and Municipal requirements, may also contain specific instructions from the Port Manager.

Item No. 112 ACCESS TO SHIPPING DOCUMENTS Issued:  July 7, 1999 Effective: July 21, 1999


Vessel agent(s), owner(s), and master(s), or any party using the facilities of the Port of Redwood City, are required to provide access to shipping documents, manifests, or records, to authorized port representatives for the purpose of obtaining the necessary information to verify correct assessment of Port charges.

Item No. 113 HANDLING OF FLAMMABLE OR COMBUSTIBLE LIQUIDS Issued:  July 7, 1999 Effective: July 21, 1999


(A) Vessels may load or discharge flammable or combustible liquids through stationary pipelines, at locations approved by the Port Manager and the City Fire Marshal.

(B) Vessels are allowed to load or discharge flammable or combustible liquids in approved standard containers within the Port area, subject to the following:

(1) Permitted between 0800 and 1700 hrs.

(a) Advance notice must be given to the City Fire Marshal if handling is to take place during other hours of the day.

(2) Trucks or railroad cars containing such packaged flammable or combustible liquids are not permitted to stand-by on a covered terminal or to remain in an open area on terminal property unless the vessel is ready to load within a reasonable time.

(3) Flammable or combustible liquids in containers discharged from a vessel must be removed at once from the terminal area. If unloaded direct to a truck or railcar, the carrier must move this cargo from the terminal area as it is loaded. (See Exception).

(4) Empty containers which have held flammable or combustible liquids must be removed from terminal areas at once.

EXCEPTIONS: At special localities within the Port area and in specific quantities both approved by the City Fire Marshal and Port Manager, flammable or combustible liquids in containers may be stored or used.

Item No. 114 LIMITS OF LIABILITY Issued:  July 7, 1999 Effective: July 21, 1999


No provisions contained in this tariff shall limit or relieve the Port of Redwood City from liability for its own negligence nor require any person, vessel, or lessee to indemnify or hold harmless the Port of Redwood City from liability for its own negligence.

Item No. 115 INDEMNITY Issued:  July 7, 1999 Effective: July 21, 1999


Users of the Port facilities shall at all times relieve, indemnify, protect and hold harmless Port of Redwood City and any and all of the members of its board, officers, agents, representatives and employees from any and all judgements rendered, claims and legal actions, including legal representation and expenses incurred in defending against legal actions, claims and liability for death of or injury to persons, damage to property, or civil fines and penalties that may, in whole or in part, arise from or be caused, directly or indirectly by:

(1) Any dangerous, hazardous, unsafe or defective condition, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect or any use or occupation of the premises by users or tenants, its officers, agents, customers, employees, sub-tenants, licensees or invitees;

(2) Any operation conducted upon or any use or occupation of the premises by user, its officers, agents, employees, sub-tenants, licensees or invitees under or pursuant to the provisions of the lease or use agreement or otherwise;

(3) Any failure of user, its officers, agents or employees to comply with any of the terms or conditions of agreement or any applicable Federal, State, Regional or Municipal law, ordinance rule or regulation or;

(4) The conditions, operation, use, occupation, acts, omissions or negligence referred to in sub-divisions(1), (2) and (3) of this Item "Indemnity", existing or conducted upon or arising from the use or occupation by users or its invitees on any other premises with the Port of Redwood City, used or occupied by user, its agents, employees, sub-tenants, licensees or invitees, without the express written authorization of the Port Manager.

User or users insurance carrier waives all rights of subrogation for loss or damage to contents of works, structures and improvements on the premises. (Subject to Item 114 herein).

Item No. 116 SPECIAL WATCHMAN'S SERVICES Issued:  July 7, 1999 Effective: July 21, 1999


(A) When regulations of Federal, State or local authorities require Special Watchman Service in connection with a cargo moving through a Port facility, the cost plus 30% will be charged to the carrier handling such cargo.

(B) When Special Watchman Services are required by the carrier, shipper or consignee, in connection with cargo being handled at the Port, the cost plus 30% will be charged to the party requesting the service

Item No. 117 SHIPPERS REQUESTS AND COMPLAINTS Issued:  July 7, 1999 Effective: July 21, 1999


(A) Requests or complaints from shippers on matters relating to the rates, rules and regulations contained in this tariff are to be submitted to the Port of Redwood City.

(B) The Port of Redwood City is a member of the California Association of Port Authorities. A shipper may refer any request or complaint not satisfied by the Board of Port Commissioners to the Association by submitting all available data in writing to the CAPA secretary, 1510 14th Street Sacramento, CA 95814.

Item No. 118 U.S. GOVERNMENT CARGO Issued:  July 7, 1999 Effective: July 21, 1999


Cargoes for the account of the United States of America or its individual agencies will be subject to contract rules and regulations quoted by the Port of Redwood City.

Item No. 119 U.S. GOVERNMENT SPONSORED CARGO Issued:  July 7, 1999 Effective: July 21, 1999


U.S. Government Sponsored Cargo is defined as cargo moving under U.S. Government contracts, where the shipper bears direct responsibility for the payment of all charges until title passes to the U.S. Government. Cargo moving under this definition is considered commercial cargo, and subject to published tariff rates and charges for commercial cargo.

Item No. 120 VESSELS IN PORT - READINESS REQUIRED Issued:  July 7, 1999 Effective: July 21, 1999


(A) All vessels docked at a Port of Redwood City pier, wharf or facility must have on board at all times a person in charge who has the authority to take action and sufficient crew as may be required to move the vessel in an emergency or as may be ordered by the Port Manager or his representative.

(B) A vessel must shift or move into the channel at its own expense whenever it is ordered to do so by the Port Manager or his representative.

Item No. 121 RATES NAMED HEREIN DO NOT INCLUDE ANY FORM OF INSURANCE Issued:  June 1, 2003 Effective: July 1, 2003


Users shall procure and maintain at their expense, or upon its failure to do so, Port of Redwood City may at the expense of user obtain and keep in force at all times during the terms of the agreement the following insurance:

(1) Public Liability and Property Damage, Broad form comprehensive public liability and property damage insurance with users normal limits of liability but not less than One Million Dollars ($1,000,000.00) for injury or death to one person. Three Million ($3,000,000.00) for each accident or occurrence involving injury or death and One Million Dollars ($1,000,000.00) for each accident or occurrence involving property damage. Each such policy shall contain an endorsement stating:

(a) Notwithstanding any inconsistent statement in the policy to which this endorsement is attached, or any endorsement or certificate now or hereafter attached hereto, it is agreed that coverage is provided for all operation, uses, occupations, acts and activities of the insured under agreement and/or this Tariff, and under any amendments, modifications, extensions or renewals of any agreement under this Tariff regardless of whether such operations, uses, occupation, acts and activities occur on the premises or elsewhere within the Port of Redwood City and regardless of whether liability is attributable to the insured;

(b) The policy to which this endorsement is attached shall not be canceled or reduced in coverage until after the Port Manager has been given sixty (60) days prior written notice by registered mail addressed to Port of Redwood City, 675 Seaport Blvd. Redwood City CA 94063;

(c) The coverage provided by the policy to which this endorsement is attached is primary coverage with respect to Port of Redwood City, its Board, Boardmembers, officers, boards, commissions, employees and agents, and any insurance or self-insurance maintained by Port of Redwood City for itself, its Board, Boardmembers, officers, boards, commissions, employees or agents shall be excess of the coverage provided by the Policy and not contributory with it.

(d) The policy shall apply separately to each insured against whom claim is made or suit is brought, except with respect ot the limits of the insurer's liability (cross liability endorsement);

(e) Naming the City of Redwood City, its Council, the Port of Redwood City, its Board, Boardmembers and their respective officers, boards, commissions, employees and agents as additional insureds.

(2) FIRE LEGAL LIABILITY. In addition to and concurrently with the aforesaid insurance coverage, users shall also secure and maintain, either by an endorsement thereto or by a separate policy, fire legal liability insurance with a minimum limit of One Million Dollars ($1,000,000.00) covering legal liability of user for damage or destruction of the works, structure and improvements owned by Port of Redwood City; provided that said minimum limit of liability shall be subject to adjustment by Port Manager to conform with the deductible amount of the fire insurance policy maintained by Port of Redwood City upon thirty (30) days prior written notice thereof to user at the time during the term of this agreement.

(3) FIRE AND EXTENDED COVERAGE INSURANCE: User shall secure, and shall maintain at all times during the life of any agreement, under this Tariff, fire and extended coverage insurance with waiver of subrogation in favor of Port covering ninety percent(90%) of the replacement value of the works, structures and improvements erected by user on the premises, with such provisions in the policies to cover the same, or in riders attached thereto, as well provide for all losses over $50,000.00 to be payable to the Port of Redwood City to be held in trust for reconstruction. In the event of loss or damage by fire to any of such structures or improvements, user shall undertake replacement or reconditioning of such structures within ninety(90) days following any such loss. In the event users shall undertake such repairs or reconditioning within said period of ninety (90) ninety days, such proceeds shall be released by the Port of Redwood City to users as payments are required for said purposes. Upon the completion of such replacement or reconditioning to the satisfaction of the Port Manager any balance thereof remaining shall be paid user forthwith. In the event user fails to undertake such replacement or reconditioning within said period of ninety (90) day, such proceeds shall be retained by Port of Redwood City. (Subject to Item 114 herein)

Item No. 124 NON-LIABILITY OF THE PORT OF REDWOOD CITY Issued:  July 7, 1999 Effective: July 21, 1999


(A) The Port of Redwood City will not be responsible for loss, damage or delay caused by fire; heating; leakage; evaporating; natural shrinkage; wastage or decay; animals; rats; mice; or other rodents; moths; weevils or other insects; leakage or discharge from fire protection system; breakdown of plant, machinery or equipment; floats, logs or piling required in breasting vessels way from wharves or piers; dampness, combinations, riots or strikes of any persons in its employ or in the service of others or of any consequences arising therefrom, insurrection, war or shortage of labor: insufficient notifications; pilferage; the elements, or any causes unavoidable or beyond its control; and in particular (but without limitations) the Port will not be responsible for damage by elements to goods or property which are stored in open or uncovered areas.

Nothing herein shall be deemed to relieve the Port from liability it may have by law as a result of the negligence of the Port of Redwood City.

In the event of any loss or damage not excluded in (A) above, in which the Port's liability is proven, the cargo loss claimed will be limited to the actual invoice value of that portion of the lost or damaged cargo but not exceeding $500.00 per pack, or if not shipped in packages, per customary freighting unit; or prorated in case of a partial loss or damage; and less any salvage value that may be realized on the damaged cargo on which claim is made to the Port.

(B) Non-Liability for reserving space or carrier's failure to load. In no event shall the Port be liable for loss, damage or delay arising from failure of the shipper to arrange for space on the transporting vessel, or from the vessel nominated by the shipper or owner of such goods. In the event of any such failure, such goods shall be held subject to all the applicable charges and provisions of this tariff.

(C) Non-Liability for Government Agency Order Restricting or Stopping a Cargo Operation. In the event the Port is stopped or restricted by a governmental agency from performing any loading or discharging operation, the Port shall incur no liability as a result of having to cease or being restricted in such loading or discharging operation. (Subject to Item 114 Herein)