TIPC Marine Corporation, Ltd. Offshore Wind Power O&M Center … · 2018-12-24 · 1 TIPC Marine...

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TIPC Marine Corporation, Ltd.

Offshore Wind Power O&M Center Facility Usage and Management Guidelines

Enacted according to TIPM Letter Qi-Hua-Zi No. 1055100516 issued on January 1, 2017

Amended according to TIPM Letter Feng-Ji-Zi No. 1068100010 issued on December 29, 2017

Amended according to TIPM Letter Feng-Ji-Zi No. 1078100078 issued on November 19, 2018

Chapter 1 General Principles

I. The Guidelines are established to comply with the government's policy for developing

offshore wind power, to increase the usage efficiency of offices, warehouses,

warehousing area, open air storage area, parking spaces, and other related facilities of

the Company's Offshore Wind Power Operations and Maintenance Center (hereinafter

referred to as the "O&M Center"), and as the basis for applications for use and

management.

II. Entities with one of the following qualifications and those who are in businesses

related to offshore wind power industries (hereinafter referred to as the “Applicant”)

may apply to the Company for the use of offices, warehouses, warehousing area, open

air storage area, parking spaces and other related facilities of the O&M Center:

(I). Domestic companies or foreign companies that have been approved by the

government to set up branch companies in the country.

(II). Institutions that conduct related research or development in offshore wind power

industries.

III. The applicable scope is as follows, and is detailed in the attached figures:

(I). Offices

(II). Warehouses

(III). Warehousing area

(IV). Open air storage area

(V). Parking spaces

(VI). Other venues approved for use by the Company

IV. Applicants applying for use in accordance with the aforementioned regulations shall

submit the following documents:

(I). Application form (Attachment).

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(II). Institution or company registration certificates.

(III). Proof of tax payment: Applicants providing business tax payment certificates

must provide the business tax payment receipt or the latest sales revenue and tax

report, approved and affixed with an official seal by the responsible tax authority.

Applicants that are unable to provide the most recent certified document in time

may use the immediately preceding period as a replacement. Newly established

entities that have not reached the time limit for filing their first tax payment may

use the business establishment approval letter issued by the tax authority for

business tax as a replacement.

(IV). Performance bond: Applicants shall provide cash, promissory notes or checks

issued by financial institutions, payment-guaranteed checks, postal orders, bearer

government bonds, certificates of deposit issued by financial institutions with

pledges, irrevocable standby letters of credit issued or confirmed by banks, or

written bank guarantees.

(V). Other required documents based on the nature of the application.

V. Applicants that apply for the use of warehouses, warehousing area and open air storage

area in accordance with Article 3 shall provide written usage plans and descriptions

for the following items:

(I). The content, functions, volume, and weight of the stored items.

(II). Special requirements for transportation and stacking, such as temperature or

humidity control, whether the stored items are flammable, etc.

(III). The overall plan and detailed layout for the area applied.

(IV). Other required descriptions based on the nature of the application.

VI. Applications for temporary uses that do not interfere with the storage and use of

existing applicants may be filed; such applications may be exempted from the

submission of required documents specified in Article 4, except for the application

form. However, all facility usage fees for the temporary usage period and performance

bond shall be paid in advance.

VII. The Applicant may apply to change the usage scope or contents. With the exception

of applied changes which are subject to the consent of the Company, the rights and

obligations shall remain the same as the original application.

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VIII. The Applicant shall be required to pay 10% of the total facility usage fees as

performance bond when filing the application. The application procedure shall be

completed after the Company approves and applies the Company's seal to the

Application Form. If the approval is conditional on the Applicant's provision of

supplementary documents or other conditions, the related documents must be

delivered within the time specified, or relevant conditions must be met. Failure to

provide supplementary documents in time or meet specified conditions shall be treated

as an unapproved application.

IX. The Company may prioritize applications from Applicants that have signed contracts

with the Company for the provision of wind turbine O&M services, and other

Applicants shall not object.

X. If multiple Applicants apply for use and the offices, warehouses, warehousing area,

open air storage area and parking spaces of the O&M center cannot satisfy the

requirements of all Applicants, with the exception provided in the previous Article,

the Company will process applications depending on the situation of their filing.

Chapter 2 Implementation Management

XI. If the Applicant has other usage or service requirements outside the contents, scope,

and items established in the "Offshore Wind Power O&M Center Facility Rate Table"

(attached), the Applicant may negotiate with the Company to establish a rate

separately.

XII. The Applicant that has been approved by the Company shall prepay the facility usage

fees for the first and second periods in accordance with the "Offshore Wind Power

O&M Center Facility Rate Table" (attached) and Article 11 of these Guidelines. The

Applicant shall be required to transfer aforementioned fees to the account designated

by the Company within 10 days from the day after the approval was granted.

XIII. The facility usage fee shall be paid on a quarterly basis. One installment shall be paid

quarterly (3 months). With the exception of the first and second periods (see details in

the attachment), the Applicant shall be required to transfer the fees for the period to

the account designated by the Company before the fifth day of January, April, July,

and October each year. If the number of days in the first quarter of usage does not

exceed one quarter, the facility usage fee of the first quarter shall be paid

proportionally.

XIV. In the event that the Applicant delays payment of facility usage fees in a given period,

the penalty for the delay shall be paid in accordance with the following subparagraphs:

(I). One thousandth of the facility usage fee shall be added each day for overdue payment

of less than 1 month.

(II). Two thousandths of the facility usage fee shall be added each day for overdue

payment of more than 1 month but less than 2 months.

(III). Three thousandths of the facility usage fee shall be added each day for overdue

payment of more than 2 months but less than 3 months.

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(IV). Four thousandths of the facility usage fee shall be added each day for overdue

payment of more than 3 months.

XV. In the event that the Applicant desires to terminate its usage within the usage period,

it shall notify the Company in writing at least 3 months in advance. Except where

otherwise agreed in a contract, the Applicant shall pay off facility usage fees, penalties

for the delay, cost of repair, and damages due upon termination; the entire

performance bond shall be forfeited as the punitive damage for the breach of contract.

XVI. The Company may notify the Applicant to terminate its usage under any of the

following conditions:

(I). In the event that the facilities must be returned to facilitate overall plans for land or

facilities of Taichung Port area, and the Company has provided a notice 3 months in

advance.

(II). In the event that a company that has contracted the Company to provide wind turbine

O&M services files an application and the facilities are insufficient, the Company

shall provide a notice 3 months in advance to terminate the usage of companies who

have not contracted the Company to provide wind turbine O&M services.

(III). In the event that the Applicant fails to pay overdue facility usage fee or penalties for

the delay after the Company issued notifications for payment and imposed a deadline.

(IV). In the event that the Applicant's use of the facilities violates related regulations or

the Company's policies, and fails to make improvements after notifications for

improvements within a specified time period or fails to meet related laws or

Company policies after improvements.

(V). Other reasons for terminating the usage in accordance with the Civil Code or other

regulations.

XVII. In the event of early termination as provided in subparagraphs (1), (2), and (5) of the

preceding Article due to reasons that cannot be attributed to the Applicant, the

Company shall return prepaid facility usage fees for unused periods without interest

and the performance bond. In the event of early termination as provided in

subparagraphs (3), (4), and (5) of the preceding Article due to reasons that can be

attributed to the Applicant, the Applicant shall pay off the facility usage fees, penalties

for the delay, cost of repair, and damages due upon termination, and the Company

may confiscate the entire performance bond as punitive damage for breach of contract.

XVIII. Procedures after Termination:

(I). After the termination of use, the Applicant shall restore the facilities to a complete

and usable state before returning them to the Company. If the facilities are not

restored, the Company may impose a deadline for the restoration. The facility

usage fee shall be charged before the restoration. If the Applicant fails to do so

within the specified time period, the Company may restore on behalf of the

Applicant, and the cost of restoration and damages shall be borne by the Applicant.

(II). If the facilities are damaged upon return, the Applicant shall conduct repairs

within the time period specified by the Company. If the Applicant fails to do so

within the period specified, the Company may repair on behalf of the Applicant,

and the cost of repairs and damages shall be borne by the Applicant. If repairs

cannot be completed, the Applicant shall pay the book value of the facilities at

the time of termination as compensation

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(III). Upon expiration of the usage (except for the termination or rescission of contract),

after the Applicant completes the restoration of the facilities to a complete and

usable state for return to the Company and pays off all payments due, and there

is no damage attributed to the Applicant, disputes or outstanding items between

the parties, the performance bond shall be returned to the Applicant without

interest.

(IV). The return of performance bond shall be performed as follows:

1. In the case of cash, postal order or check, the performance bond shall be

returned as cash or non-negotiable check stating the original payer as the

payee.

2. In the case of bearer government bond, the performance bond shall be

returned as the same.

3. In the case of certificates of deposit issued by a financial institution with

pledges, the performance bond shall be returned as the pledge cancellation

notice to the financial institution which created such pledge.

4. In the case of irrevocable standby letters of credit issued or confirmed by

banks, such letters of credit as performance bond shall be returned to the

issuing bank, notifying bank or confirming bank. However, the return may be

exempted if the bank is not so required or the letter of credit has expired.

5. In the case of the written bank guarantee, such written guarantee shall be

returned to the issuing bank. However, the return may be exempted if the bank

is not so required or the guarantee has expired.

Chapter 3 Provisions of Use

XIX. The Applicant shall abide by the Company's "Offshore Wind Power O&M Center

Facility Usage and Management Guidelines" and related controls and regulations of

Taichung Port. Without the approval from the Company, the Applicant is prohibited

from the following:

(I). Exceed the scope of applied use to conduct operations or transfer facilities to

third parties.

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(II). Use the Company's name for promotion or for organizing, assistance in

organizing, or joint organization of events without permission.

(III). Post or hang any promotional items without approval. If they are required,

applications must be filed in advance. The Applicant shall dismantle the items

after use and be responsible for restoration in the event of damage.

(IV). Install visual and audio equipment, sound systems, lighting, or special effects. If

they are required for the organization of any event, applications must be filed in

advance.

(V). Other actions which will infringe the rights of the Company.

XX. The Applicant shall exercise due care in the management of the facilities as a good

administrator. In the event of damage caused by third parties, the Applicant shall

prevent or lessen damages to the best of its efforts and notify the Company. In the

event of violation of the aforementioned obligation for notification, the Applicant

shall compensate the Company for all losses.

XXI. The decoration of facilities such as the offices, warehouses, warehousing area, open

air storage area, parking spaces, and other related facilities at the O&M Center shall

be pursuant to the contents provided by the Company. If the Applicant has special

plans or requirements that require improvements, changes, or additions, they shall be

implemented in accordance with the following regulations:

(I). The Applicant shall provide the Company with a proposal to improve, change,

or build an addition to the facilities in advance, and may only proceed after

receiving approval from the Company. The cost shall be borne solely by the

Applicant, and the facility usage fee in the construction period shall also be paid.

(II). Unless provided in a separate agreement, the ownership of the Applicant's

improvement, change, or addition to the facilities shall be transferred to the

Company free of charge, and the Applicant may not request any compensation.

XXII. For Applicants that violate the provisions in the preceding Article and that have been

notified to restore the facilities within a specified time but fail to do so, the Company

may terminate its use in accordance with Article 16, Subparagraph (4) and restore the

facilities on behalf of the Applicant. The cost of restoration and damage shall be borne

by the Applicant.

XXIII. The Company shall establish separate management regulations for the entry, usage,

and management of the offices, warehouses, warehousing area, open air storage area,

parking spaces, and other related facilities, and the Applicant shall cooperate and abide

by these rules.

XXIV. Environmental protection, occupational safety, law and order, security, and other rules:

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(I). The applicant shall abide by related regulations and port regulations on law and

order, security, safety, environmental protection, occupational safety, fire safety,

management regulations, etc. In the event that facilities may damage others’ or

the Company’s interests due to reasons attributable to the Applicant, the

Applicant shall be liable for compensation for all damages.

(II). The Applicant shall maintain the cleanliness and order in the area of use and

may not arbitrarily use the facilities to store garbage or other waste, or discharge

waste water or sewage into the Port. In the event of a violation, the Company

may report or request the competent authority to impose penalties in accordance

with related regulations. The Applicant shall be solely responsible for the

deadline for making improvements or paying fines imposed by the competent

authority.

(III). In the event of pollution that causes the area of use to be announced as a

Pollution Control Site or suspected pollution of the soil, the Applicant shall also

be liable for the expenses or losses as well as the factors that are unfavorable to

future use such as clearance and land restoration.

(IV). In the event of casualties caused by occupational hazards, the Applicant shall

conduct rescues or other necessary measures and report the incident to the

Company and labor inspection institutions in accordance with related laws.

(V). To maintain national resources and the safety of port operations, the Applicant

shall implement regulations for disaster prevention, protection against typhoons

and earthquakes, disaster response, and drills established by the Company.

(VI). All motorized vehicles used by the Applicant in Taichung Port shall abide by

related port management regulations.

(VII). The Applicant shall be responsible for purchasing insurance or be

responsible for the safekeeping of personal items that belong to its employees;

the Applicant may register any loss of such items with the Company for

assistance in search.

(VIII). The Applicant shall comply with related regulations and be liable for the

safety of the workers when using the Company's facilities, and may purchase

insurance additionally at its own expense for its special requirement. The

Applicant shall be solely responsible for injury or financial losses sustained by

its employees or third parties.

(IX). In the event of emergency alarms or broadcast by the Company (such as fire and

earthquake alarms), the Applicant shall follow instructions from the Company

to evacuate employees.

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(X). For the maintenance of environmental sanitation personnel safety, the Company

strictly prohibits the entry of any animals (pets), live fire shows, dusty

environments, and other dangerous activities on the premises.

(XI). The construction on site shall be in accordance with the related controls and

regulations of Taichung Port. In addition, the floor of the construction site must

be covered with protective items and the placement and storage of objects shall

not block entrances, pipes, emergency lighting, fire extinguishing equipment,

alarms, temperature sensors, emergency exits, smoke control doors, toilets etc.

Production of items on site is strictly prohibited and composite materials shall

be used. The Applicant shall be responsible for any damage and compensation

based on the original price.

Chapter 4 Repairs and Maintenance of Facilities

XXV. The Applicant shall notify the Company immediately in the event of damage to the

facilities. If such damage becomes worse due to Applicant's failure of notification, the

Company is entitled to claim for damages against the Applicant. The Company shall

be responsible for repairs if the damage is determined to be non-attributable to the

Applicant. The Company shall notify the Applicant after the completion of the repairs.

In the event that the Applicant fails to notify the Company in writing of items that

have not been repaired within one month, the Applicant shall be deemed to agree that

the Company has completed the repairs.

Chapter 5 Supplementary Provisions

XXVI. The business tax is not included in the facility usage fees, punitive damage for breach

of contract, etc., and it shall be borne by the Applicant (attached).

XXVII. The Company's designated bank account is as follows:

Account name TIPC Marine Corporation, Ltd.

Account number Bank of Taiwan Kusan Branch

0 5 1 0 0 1 0 0 2 5 6 1

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XXVIII. For business or port safety requirements, the Company may assign personnel to

survey the Applicant's state of use or request the provision of related information. The

Applicant shall comply with such measures.

XXIX. In the event of a dispute and litigation arising from the use of the facilities of the O&M

Center, the Applicant agrees that the laws of the Republic of China shall be the

governing law, and that Taiwan Kaohsiung District Court shall serve as the court of

first instance.

XXX. Any matters that are not addressed in these Guidelines shall be processed in

accordance with the Commercial Port Law or related regulations as well as interpreted

or explained in the Company's official letters.

XXXI. The Guidelines (including the attached "Offshore Wind Power O&M Center Facility

Rate Table") shall be implemented after promulgation. The same shall apply to

amendments.

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Attachment

TIPC Marine Corporation, Ltd. Offshore Wind Power O&M Center Facility Usage

Application Form for Office

Facilities Applied for Use Office

Area Applied (ping)

Period for Use From _______mm/dd/yyyy to

_______mm/dd/yyyy

Total Amount of Usage Fee NT$_________________________

Performance Bond NT$_________________________

Facility Usage Fee each quarter NT$_________________________ /quarter

Notes 1. Rates of fees are listed in NTD.

2. The business tax and management fee are not

included in the prices listed above.

3. Additional 10% of the amount will serve as public-

space usage fee for the use of office.

4. The area of an office, warehouse, warehousing area,

open air storage area which is less than 1 ping will be

calculated as 1 ping.

5. The minimum usage period for an office, warehouse,

warehousing area, open air storage area, or parking

space is 1 month. The period less than 1 month shall be

calculated as 1 month.

6. Photocopies of institution or company registration

certificates and proof of tax payment are required.

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The Applicant hereby applies for the use of the Company's

Offshore Wind Power Operations and Maintenance Center

Facilities, and shall abide by the Company's "Offshore Wind

Power O&M Center Facility Usage and Management

Guidelines" and related controls and regulations of Taichung

Port. The Applicant agrees that any violations shall be processed

in accordance with related regulations, and it shall file no

objections to the implementation of the regulations.

To TIPC Marine Corporation, Ltd.

Processing

Agent

Review

Applicant: (Please apply seal)

Person in Charge: (Signature and seal)

Contact Person: (Signature and seal)

Address:

Telephone: Mobile Phone:

mm/dd/yyyy

Notes (review comments):

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Application Form for First Warehouse or Second Warehouse

Facilities Applied for Use Warehouse

Area Applied (ping)


_______mm/dd/yyyy







3. Applicants that apply for the use of warehouses,

warehousing area and open air storage area shall

provide written plans and descriptions to explain in

detail the content, functions, volume, and weight of the

stored items or special requirements for moving or

stacking.










13










Processing

Agent

Review




Address:


mm/dd/yyyy


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Application Form for Warehousing area

Facilities Applied for Use Warehousing area

Area Applied (ping)


_______mm/dd/yyyy












stacking.










15










Processing

Agent

Review




Address:


mm/dd/yyyy


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Application Form for Open Air Storage Area

Facilities Applied for Use Open air storage area

Area Applied (ping)


_______mm/dd/yyyy












stacking.










17










Processing

Agent

Review




Address:


mm/dd/yyyy


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Application Form for Parking Spaces

Facilities Applied for Use Parking space

Area Applied (ping)


_______mm/dd/yyyy












stacking.








6. Photocopies of ID card and driver's license are

required.

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Processing

Agent

Review




Address:


mm/dd/yyyy


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Figures

Scope of usage applied in the O&M Center

1. 倉儲用地 1. Warehousing area

2. 停車場 2. Parking space

3. 停車場 3. Parking space

4. 第一倉庫 4. First Warehouse

5. 辦公室 5. Office

6. 變電站 6. Substation

7. 露置區 7. Open air storage area

8. 第二倉庫 8. Second Warehouse

9. 物品存放區 9. Item storage area

○1 ○2

○3

○5

○4

○7

○6

○8

○9

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Office B1 F

Space Area (ping)

Public Space 86 pings

Office 1F

1. 多功能茶水間 1.Multi-functional pantry 9. 後門 9. Rear entrance

2. 倉儲 2. Storage 10. 103室 10. Room 103

3. 男廁 3. Male toilet 11. 104室 11. Room 104

4. 女廁 4. Female toilet 12. 正門 12. Front entrance

5. 多功能交誼廳 5. Multi-functional lounge 13. 102室 13. Room 102

6. 會談室 6. Conference room 14. 櫃台及保全室 14. Reception and security office

7. 會談室 7. Conference room 15. 101室 15. Room 101

8. 會談室 8. Conference room 16. 會議室A 16. Conference Room A

Space Area (ping)

Office 1F 153 pings

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Office 2F

1. 210室 1. Room 210 9. 男廁 9. Male toilet

2. 211室 2. Room 211 10. 205室 10. Room 205

3. 208室 3. Room 208 11. 206室 11. Room 206

4. 209室 4. Room 209 12. 204室 12. Room 204

5. 女廁 5. Female toilet 13. 201室 13. Room 201

6. 會議室 B 6. Conference Room B 14. 203室 14. Room 203

7. 浴室 7. Bathroom 15. 202室 15. Room 202

8. 207室 8. Room 207 16. 會議室 A 16. Conference Room A

Space Area (ping)

Office 2F 158 pings

○1

○2

○3

○4

○5

○6

○7

○8

○9 ○10

○11 ○12

○13

○14 ○15 ○16

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First Warehouse

1. 樓梯 1. Stairs

2. 辦公室 2. Office

3. 鐵捲門(出入口) 3. Rolling door (entrance & exit)

4. 樓梯 4. Stairs

5. 廁所 5. Toilets

6. 1樓共 273坪 6. Total area of 1F: 273 pings

7. 儲藏空間 7. Storage space

Space Area (ping)

First Warehouse 273 pings

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Second Warehouse




Space Area (ping)

Second Warehouse 333 pings

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Substation 3F Office

1. 3樓共 50.25坪 1. Total area of 3F: 50.25 pings


Space Area (ping)

Substation 3F Office 50.25 pings

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Offshore Wind Power O&M Center Facility Rate Table

Item

No. Item Rate Description

I Office Usage

Fee NT$750/ping each

month

1. The fee shall be calculated based on the

number of pings of the applied office space.

2. The fees include water charges.

3. Other fees: Administrative secretarial

services, cleaning fees, management fees, and

fees for certain public facilities (pantry,

lounge, conference room, discussion rooms,

etc.) shall be determined in discussions with

the Applicant separately.

II

First, Second

Warehouse

usage fee

NT$695/ping each

month

1. The fee shall be calculated based on the

number of pings of the applied storage space.

2. The fee only includes water charges.

3. Other fees: Electricity charges, facility usage

fees (forklifts, cranes), warehouse

management fees shall be determined in

discussions with the Applicant separately.

III Warehousing

Area NT$695/ping each

month

The fee shall be calculated based on the number

of pings of the applied storage space.

IV Open Air

Storage Area NT$695/ping each

month

The fee shall be calculated based on the number

of pings of the applied storage space.

V 3-ton Forklift

Truck NT$2000/ 4 h

1. Each price unit is calculated per 4 hours. A

period less than four hours shall be calculated

as 4 hours. Each hour over 4 hours is for an

additional NT$500, and for a period less than

one hour will be calculated as 1 hour.

2. Labor cost is not included.

VI 45-ton Crane NT$16,000/ 4 h

1. Each price unit is calculated per 4 hours. A

period less than four hours shall be calculated

as 4 hours. Each hour over 4 hours is for an

additional NT$4,000, and for a period less

than one hour will be calculated as 1 hour.

2. Labor cost is not included.

VII Parking Spaces NT$2,500/ month The fee is calculated per month. Each parking spot

is charged NT$2,500 per month.

VIII Performance

Bond 10% of the total

facility usage fees

The applicant is required to pay 10% of the total

facility usage fees as performance bond when

applying for an office, warehouse, warehousing

area, open air storage area, and parking space.

Note: Paid items not listed in the Rate Table shall be determined in discussions with the

Applicant separately.

TIPC Marine Corporation, Ltd. Offshore Wind Power O&M Center … · 2018-12-24 · 1 TIPC Marine...

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Transcript of TIPC Marine Corporation, Ltd. Offshore Wind Power O&M Center … · 2018-12-24 · 1 TIPC Marine...