1. Definitions

1.1 “Company” means South Port New Zealand Limited;

1.2 “Contract” means the Syncrolift Application for Use, these Condtiions of Use, South Port’s Standard Terms and Conditions and the Shed/Syncrolift Area Safety Rules

1.2 "Syncrolift” means the Syncrolift, transfer system, hardstand and all associated infrastructure.

1.3 “User” means the Vessel owner, operator, agent or contractor making use of the Syncrolift.

1.4 “Vessel” means the ship using the Syncrolift.

General Conditions

2. Applications for use of the Syncrolift must be made in writing on the Company’s booking form and emailed to syncrolift@southport.co.nz at least 24 hours before the time that is required for use of the Syncrolift. A schedule of works required to the Vessel must be included in the application for use.

3. The User acknowledges that weather conditions may influence docking times and any changes will be notified to the User as soon as practicable.

4. Vessels will only be raised on the Syncrolift on the application of the Owner or Agent, who shall be held responsible for the payment of all dues, charges and costs and for any damage to the Syncrolift.

5. The Company will determine the priority of use, and any vessel failing to be available at times allocated may forfeit priority. Commercial fishing vessels shall be given preference of use of the Syncrolift over pleasure craft.

6. Every vessel entering upon or leaving the Syncrolift shall be under direction of the Syncrolift Operator (hereinafter called the Operator) and the Master of such vessel shall provide sufficient crew to handle and shore the Vessel to the direction and satisfaction of the Operator. (min of 2 people onboard).

7. The Operator is authorised to relocate the Vessel at any time on either a temporary or permanent basis without prior notice to the User, if required in the reasonable opinion of the Operator. The Company will not be liable to pay any compensation to the User in respect of any relocation pursuant to this clause.

8. The User agrees to be bound, and will abide by, the Company’s Standard Terms and Conditions as published at www.southport.co.nz. The Company reserves the right to vary the Standard Terms and Conditions from time to time. Any such variation will be available on the Company’s website.

Payment

9. The charges for the use of the Company’s Syncrolift are those set from time to time by the Company in the Schedule of Charges.

10. A day shall mean 24 hours and the first day will commence from the time docking is commenced. The first day’s charges shall include and cover the cost of shoring wedges and blocking and the cost of labour (exclusive of overtime) connected with the actual operation of docking or the eventual undocking of a Vessel, but shall not include water or power used, which shall be a charge against the Vessel using the dock.

11. In any case in which the dock staff are called out to attend to any Vessel outside normal working hours, the User shall pay the overtime charges incurred.

12. Any expense incurred by the Company in connection with the raising, lowering or altering of blocks, or the erection of bilge blocks, shall be borne by the User.

13. The Company may require the User to pre-pay the anticipated charges, or pay a deposit, at the Company’s discretion.

Risk and Liability

14. The User acknowledges and agrees that this Contract is not in any way intended by either party to create a bailment.

15. When vessels are slipped or unslipped or are on the Syncrolift, the Company shall not be responsible for any accident occurring, or injury done to any person, vessel or other property before or whilst any vessel is being slipped or whilst on the Syncrolift or whilst being unslipped or arising in the course of the use on any crane or other lifting, joisting or hauling machinery or plant or equipment of any kind or whether or not such accident or injury arose through any act, omission or neglect of the Company or any other person and whether or not owing to any insufficiency, fault or defect in the Syncrolift or equipment or any part thereof or any plant or gear connected therewith or any structure thereon or attached thereto and all arrangements of the blocks, shores or other equipment for taking any vessel upon the Syncrolift, raising and keeping her thereon or adjacent thereto and other work in connection with the unshoring and removal of the vessel from the Syncrolift or adjacent thereto shall be done at the sole risk of the User.

16. The User will indemnify and hold harmless the Company against all claims, damages, costs and liabilities arising from their use of the Syncrolift.

17. The User must maintain adequate insurance, including third party liability coverage, and provide evidence to the Company upon request.

User Responsibilities

18. The User must ensure that the Vessel is seaworthy and structurally suitable for lifting.

19. The User shall prevent any sewage, refuse, garbage, oil, rubbish, fouling or waste matter of any sort arising from the repair or cleaning of the vessel from entering the waters of the harbour and shall cause the same to be removed from the Syncrolift or the vicinity thereof at the cost of the User.

20. Users must comply with all applicable laws, regulations, health and safety requirements

(including the attached Shed/Syncrolift Area Safety Rules) and policies and processes. The Company’s policies and processes include but are not limited to:

• CUSP (Common User Safety Protocol)
• Non-Conformance Policy
• Drug and Alcohol Policy
• Traffic Management
• PCBU Policy
• Permit to Work Framework; and
• Drone Safety Policy
• Overlapping Duties Agreement

These policies they are available on the Landlords website by visiting the Health and

Safety section or can be accessed by using the following link

https://southport.co.nz/access#health_safety

21. All persons working on any vessel whilst it is on the Syncrolift will promptly carry out all instructions given to him or them by the Operator which in the opinion of the Operator may be necessary or desirable for the safety of the Syncrolift or the vessel and any person working thereon. Without limiting the foregoing, any person working on any vessel will not light any fire or flame or carry out any welding or oxyacetylene cutting except during working hours of the week and after taking such precautions against fires as may be approved by the Operator.

22. Where the shelter shed is hired by any User , it shall be the responsibility of the User to ensure that no rubbish of any description is left in or around the shed at the conclusion of the hire and that all plant and equipment is removed at the conclusion of the hire period.

23. Any plant or equipment left in the shelter-shed remains at the User’s risk and it is explicitly stated that the Company is to be indemnified by the User for any loss or damage thereto.

24. The Company may confiscate any plant or equipment remaining in the shelter shed at the conclusion of any hire.

Termination of Use

25. The Company may immediately suspend or terminate this Contract by giving written notice:

(a) If the User becomes insolvent, or is made subject to an application for winding up, or resolves to wind up voluntarily, or has a receiver appointed, or ceases to carry on business or enters into an arrangement with its creditors;

(b) If the User breaches any of its obligations under this Contract which are not capable of remedy.

26. Upon termination of this Contract, the User must promptly remove the Vessel and property at the User’s expense and all charges payable by the User shall become immediately due and payable.

Shed/Syncrolift Area Safety Rules

1. Persons entering this area must comply with all safety regulations under the Health & Safety at Work act 2015 and its amendments.

2. Hi-Vis clothing must be worn in area.

3. Users are responsible for ensuring their contractors are aware of each other’s work and coordinate their activities to ensure that no hazards are created. Users must also ensure that individual contractors are aware of hazards in the area, understand emergency procedures and that they follow safe work methods.

4. When spray painting is to occur, others working in shed and neighbouring shed/area must be advised. Respirators must be worn and signs, barricade tape, or cones must be used to notify others to stay out of area. Painters are responsible to ensure that overspray does not affect other people or property in vicinity and if necessary, set up an exclusion zone.

5. When painting a 6-meter exclusion zone needs to be setup and those within this zone need to be wearing organic vapor cartridge respirators. Special care needs to be taken when using isocyanates which require a 15-meter exclusion zone and airline respirators.

6. Safe handling practices with paint & solvents must be used. Paints/solvents must be stored appropriately when not in use. When in use ensure that lids are kept on containers, they are kept at least 5 meters from electrical switch boards, and empty containers are disposed of accordingly.

7. Anybody wishing to perform welding, grinding, or hot work must first liaise with painters to discuss hazards and eliminate. No welding, grinding, hot work should occur within 15 meters of any painting activities or paint/solvent containers. General hot work procedures apply including checking for other flammable items, having a fire extinguisher at hand and checking area 30 minutes after completion of work.

8. Smoking is not permitted within 15 meters of any painting activities.

9. Electrical equipment must not be used in the exclusion zone, unless it is suitable (i.e., “Ex” rated).

10. Suitable fall protection equipment must be used for any at height work. Scaffolding shall have a perimeter handrail and kick board and if over 3 meters high shall be fitted with a guardrail.

11. Ladders are available to assist with safe access to vessels. Please liaise with dockmaster. Check ladder prior to use and report and damages/defects.

12. Any damaged equipment or facilities must be reported to South Port immediately.

13. Toilets are located in the syncrolift office block

14. Any concerns/queries contact Port General Manager (212 6014)

In Emergency:

1. Evacuate area and notify surrounding operators, call 111 (phone located in Syncrolift control room), notify gate house 212 8159.

2. First aid kit located in Syncrolift office; fire extinguishers located ground level of Syncrolift control room.

3. On site first aiders:

Misty: 027 432 8868.
Karl: 027 379 3594.
Rob: 027 522 0307