ARTICLE 1

The Code of Customs of Nikolaev Commercial Sea port (here in after referred to as "Code") is а totality of rates and regulations, which should be observed by Ukrainian and foreign shipowners and cargo owners, and also their agents and forwarders, participating in transportation process.

1.1. Code is based on:

• 1.1.1. International practice of operation of commercial sea ports;
• 1.1.2. Merchant Shipping Code of Ukraine, Ukraine Law "On private property", the Decree of the Cabinet of Ministers of Ukraine No. 113 dated 22.01.1996 and No. 440 dated 20.06.1995;
• 1.1.3. Port Regulations;
• 1.1.4. Compulsory by-laws acting in the port.

1.2. Code is the main document regulating:

• 1.2.1. Operating conditions of the port;
• 1.2.2. Terms and order of calling in the port, departing from the port; loading discharging and servicing the ships in the port;
• 1.2.3. Terms and order of delivering cargoes to the port and dispatching cargoes from the port by railway, motor and other kinds of transport.
• 1.2.4. Order and terms of storing cargoes in port warehouses.

1.3. Code shall apply, where arisen relations are not regulated by law:

• 1.3.1. In the absence of a contract of carriage by sea;
• 1.3.2. In the absence in a contract of carriage by sea or in Bill of Lading of terms, regulated by this Code of customs;
• 1.3.3. Where these customs are referred to in the Contract of carriage by sea, in the Bill of Lading, in the sales contract in foreign trade or in any*other document.