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| Owner |
Tariff ID |
Rule |
Sub-Rule |
Filed |
Effective |
Expires |
| 019075 |
001 |
002 |
000 |
02-15-2005 |
02-15-2005 |
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RULE 2 - APPLICATION OF RATES AND CHARGES
A. All Water Service
Rates for the all water service apply from ocean
carrier's or agent's terminal at port of loading to
carrier's or agent's terminal at port of discharge and
do not cover charges established by customs and/or port
tariffs. Any accessorial charges which are assessed
against the cargo will be for the account of the cargo,
even if carrier is responsible for collection.
B. Intermodal Service to/from Inland Points
1. All intermodal rates are single factor through rates,
applying to the transportation of general commodities
in full containerloads, less than containerloads and
breakbulk, to/from points or inland terminals named
in the respective commodity rate, served via ports
provided in the rate item.
2. All intermodal rates named in this tariff:
a. include wharfage, handling, drayage and other
costs of transferring containers/shipments at
ocean/land ports of interchange, but do not
include customs assessments.
b. are subject to the minimum charge specified in
Rule 6 of this tariff.
c. include all charges for drayage or other transfer
service at intermediate points on shipments
handled through and not stopped for special
services at such intermediate points.
3. Specific Services:
a. Door Service: Inland carrier will transport
containerloads from the shipper's premises to port
of interchange after the shipper or his agent
loads the container at origin. At destination
inland carrier will deliver container shipments to
the consignee's premises at destination, unloading
unloading is to be performed by the consignee or
his agent.
b. Terminal Service: Cargo is to be delivered to
Carrier's terminal breakbulk to be loaded into
containers by carrier at his expense. The carrier
will transport the cargo to destination ports. At
destination carrier will strip the container at
his terminal and make the cargo available for
pickup by consignee or his agent.
c. Container Yard Service: Cargo is to be delivered
to carrier's terminal loaded in containers by the
shipper or his agent. The carrier will transport
the cargo in full containerloads to destination
container yard where he will make the loaded
containeload available to the consignee or his
agent for unloading off the container yard
premises.
d. Pier Service: The cargo is to be delivered
breakbulk to carrier's loading terminal at origin
ports to be loaded into containers at carrier
expense or transported breakbulk. At destination
the carrier will unload the container at its ocean
discharge terminal where he will deliver the cargo
to the consignee or his agent breakbulk.
Intermodal service as provided in this part does
does not apply to pier-to-pier service.
4. Intermodal Service to/from inland points: Carrier may
move cargo via a combination of services, i.e.
door/container yard service would provide pickup at
shipper's premises at origin and delivery of cargo to
carrier's inland container yard at destination.
Where a commodity item does not specify a service,
the rate provided applies to all combinations of
services described above.
C. Rates, as published herein, are stated in terms of
lawful United States currency.
D. Packages containing articles of more than one
description shall be charged on the basis of the rate
provided for the highest rated article contained therein
E. Rates, as provided, apply per ton of 1000 kilos (W) or
per ton of one cubic meter (M) as specified by each
item. Where WM is shown, the basis generating the
greater revenue shall apply.
F. Description of commodities shall be uniform on all
copies of the bill of lading and must be in conformity
with the validated export/import documents covering the
shipments. Shipper amendments of the description of
the goods on the bill of lading will only be accepted
if such amendments are in conformity with the relative
validated export/import documentation. (See Rule 2 H)
G. Trade names are not acceptable commodity descriptions
and shippers are required on the Bill of Lading to
declare their commodities by their generally accepted
generic or common name, but may in addition, include
trade name applicable.
H. Customs and Consular Regulations:
Bills of lading presented for signature must be
accompanied by the Shipper's Export Declaration or
import documentation, in duplicate, as provided by the
United States Treasury Department regulations.
Shippers must comply with all customs and consular
regulations. Any fine imposed by authorities for
failure to comply with customs or consular regulations
is at the expense of shipment. Goods which are not
cleared through customs for any reason, may be cleared
by carrier at the expense of the shipment and may be
warehoused at the risk and expense of the shipment or
may be turned over to the customs authorities without
any further responsibility on the part of the Carrier.
I. Advertising matter describing the goods they accompany
and shipped in the same package or container will be
freighted at the same rate and on the same basis as the
commodity they advertise. Such advertising matter
shall not exceed five (5%) percent, either weight or
measurement, of the commodity they accompany.
J. Rates Based on Cargo Value: (See Rule 12 for Ad
Valorem Provisions)
Where in this tariff rates are graduated on the value
of the commodity concerned, the following will apply:
1. Value for the purpose of this rule will be the F.A.S.
value; i.e., incorporating all cost and expenses of
and for the cargo up to delivery alongside the vessel
at the loading port.
2. The above described value MUST be annotated on the
ocean bill of lading and annotated "for rating
purposes only, not for establishing a higher
liability."
3. On carrier's request; a Shipper's Commercial
Invoice must be produced at the loading port
substaintiating the value declared on the bill of
lading.
4. Failure to produce a Shipper's Commercial Invoice
indicating the value will result in the cargo
being rated at the highest value level subject to
adjustment at the port of destination on
production of the Shipper's Commercial Invoice.
K. Unless otherwise specified, gross weight or cubic
measurement will be used as the basis for determination
of applicable rates.
L. Choice of Rates:
1. This tariff offers shippers a choice of freight rates
dependent upon whether the shipment is made subject
to bill of lading limit of value or a higher limit of
value.
2. If the shipper elects to ship at a value in excess of
the bill of lading limit of value, he shall declare
the value in writing before delivery. The shipment
is then subject to the provisions of Rule 12.
3. Should the shipper fail to declare valuation in
excess of the bill of lading limit of value, in
writing before delivery, such non-declaration
shall constitute an election by the shipper to
ship on the basis of the bill of lading limit of
value and any liability of the carrier shall be
computed on the basis of said limit of value in
the manner provided in the bill of lading.
M. Cargo:
All freight rates shall be based on the actual overall
measurement of each package or other freight unit,
except as otherwise provided, with the understanding
that fractional dimensions shall be disposed of in
freighting cargo as follows:
1. All fractions under one-half (1/2) centimeter are
dropped.
2. All fractions over one-half (1/2) centimeter are
to be extended to the next full centimeter.
3. If a fraction of exactly one-half (1/2) centimeter
occurs on one dimension it shall be extended to
the next full centimeter.
4. In determining the cubic content of any irregular
piece or package, the three greatest dimensions
shall be measured.
5. In determining the cubic content of barrels,
casks, kegs or drums, the measurements are to be
taken on the square of the mean diameter.
6. In computing measurements to determine the rate to
be applied where a weight rate is predicated on
measurement per ton, the actual fractions will be
used.
N. Weight Cargo:
Wherever freight charges are assessed on a weight
basis, the freight will be computed on the gross weight
of the individual shipment. No allowance shall be made
for weight of the package or packaging.
Carrier or his agent shall have the option to weigh or
reweigh on certified scales any cargo tendered for
shipment. Any weight so ascertained by carrier or his
agent shall be deemed paramount and shall govern the
freighting of the cargo not withstanding any other
weight, certified or otherwise, declared by merchant.
Provided, however, that merchant may upon reasonable
notice and at his expense, seek independent
certification of the accuracy of any scales employed
by carrier or his agent.
O. Packing:
1. Where a specific rate description includes packing
requirements the rate will only apply when the
commodity is tendered in the packing specified.
2. Where no package specifications are prescribed in
the individual rate items, the articles or
commodities will be accepted in any package which,
in the judgement of the carrier or his agent,
adequately protects the articles or commodities
from any damage in ordinary handling, stowage, and
movement of the cargo.
3. Any article which, by its very nature, may be
shipped without boxing, crating or wrapping
without danger by ordinary handling and stowage,
will be considered as a "suitable package".
P. Marking:
1. Each single carton, package or other separate
article MUST be plainly and durably marked with
the names and address of the shipper and the name
and address of the consignee except when
containerized or as provided below.
2. Export marks may be used as marking identification
in lieu of name and addresses, provided such
marks can be readily matched with the descriptions
shown on the dock receipt and other papers
accompanying the shipment.
Q. 1. On shipments originating at or destined to points
beyond the ports named in Rule 1 of this tariff, the
the carrier, at his option, may advance the cost of
prior or subsequent carriage. These costs will be
charged to the shipper or consignee plus a 3%
administrative fee. In this instance, the carrier
acts as agent for the shipper and carrier assumes
liability only for the movement between the ports
named on his bill of lading. To seek redress for loss
or damage when occuring beyond the bill of lading
ports, shipper must file directly with the inland
carrier.
2. Carrier reserves the right to refuse to advance
all or any of the charges referred to in this
Rule, if in its judgement the shipment involved
would not, at forced sale, realize the total
amount of the advances and other charges on the
Bill of Lading.
3. Communication Costs, such as telex and telephone,
will be charged at cost.
R. All rates shown herein apply only on the commodities
published in this tariff under the given commodity
description and cannot be applied to analogous
articles. When a commodity is not specifically
provided for the generic N.O.S. or absent an
intervening generic description, the Cargo N.O.S. rate
will apply.
Unless otherwise provided in the individual tariff
item, the rates provided herein also apply on the parts
of the articles described in the tariff item, when so
declared on the carrier's bill of lading, unless
specific rates are provided for such parts.
Where in this tariff a commodity description applies to
multiple commodities, either by an inclusion (Viz:) list
or the words "and/or" or "and", the underlying commodity
rates shall apply to the commodities singly or in
combination jointly or severally, except that when a
specific description applies to an entry singly, the
specific entry shall take precedence over the inclusive
description.
S. Per case rates named in this Tariff apply only on
commodities packed in their original container, legibly
marked as to content and which are not further encased
or overpacked.
T. EQUIPMENT SUBSTITUTION
When shipper requests Carrier to provide a 20 ft.
container for loading and a 20 ft. container is not
avaliable, Carrier may at its option provide a 40 ft.
container and move the shipment at the 20 ft. rate,
provided that the actual cargo load does not exceed the
weight or measurement factor accomodated by a 20 ft.
container.
U. Pickup and Loading Service:
1. Door rates named in this tariff include, as
to each shipment, one pickup at all points within
the limits of the cities, towns, villages, and
other points from which rates apply.
2. The term "Pickup" means the service performed by
the Carrier or its agent in calling for freight
loaded in a container from a platform, doorway, or
shipping room directly accessible to highway
vehicle of the Carrier or its agent at a
warehouse, factory, store, place of business, or
private residence. (See Paragraph 3).
3. Except as otherwise provided herein, the complete
loading service of the shipment including the count
thereof must be performed by the consignor/shipper at
his expense, without any assistance from the carrier.
4. The complete loading service means that the
consignor/shipper must place, block and secure the
shipment in the position in which it is to be
transported in or on the container or trailer.
5. Loading services beyond what is stated above are to
to be arranged between the consignor/shipper and
carrier.
V. Shipper's Load and Count:
1. When containers are packed and sealed by shipper,
the carrier or his authorized agent will accept
same as "Shipper's Load and Count" and the
bill of lading shall be so claused.
2. Shipper must furnish carrier with a list of
contents showing descriptions of the goods and the
gross weight of the contents of the container,
together with weight and cubic measurement of each
piece therein. Carrier reserves the right to open
and inspect the contents of a container and so
indicates on the bill of lading.
3. No container will be accepted for shipment if the
weight of the contents thereof exceeds the weight
carrying capacity of the container. Any charges
incurred in rehandling cargo to meet maximum weight
carrying capacity will be for the account of cargo.
4. Carrier will not be directly or indirectly
responsible for:
a. Damage resulting from improper packing, bracing,
securing or mixing of cargo within the container
or shipper's use of unsuitable or inadequate
protective and securing materials.
b. Any discrepancy in count or concealed damage.
5. Shipments destined to more than one (1) point of
destination may not be packed by shipper into the
same container unless prior permission has been
granted by carrier inwriting.
6. Unless the shipper specifies exclusive use of a
container, the carrier reserves the right to pack
cargo into any unused container space.
W. Shipper Loaded Containers - Minimum Freight:
l. When a container is loaded by the shipper or his
authorized representative and delivered to ocean
carrier's CY, freight charges shall be calculated
at the applicable weight/measure rate subject to
the minimum as set forth below. When a shipper
loads or partly loads only one container, the
minimum rule as set forth below will apply. (The
minimum set forth below will apply only when the
container has been loaded by the shipper or his
authorized representative for the shipper's
exclusive use.)
2. In the case of a container loaded with a single
commodity rated on a measurement basis, the
minimum shall be calculated at 70 percent of the
cubic capacity of the containers, except where
weight capacity of container has been fully
utilized or except where the cubic capacity of the
container has been utilized to the extent that no
additional packages will physically fit in the
container.
3. In the case of container loaded with a single
commodity rated on a weight basis, the minimum
shall be calculated at 70 percent of the total
weight capacity of the container, except where the
cubic capacity of the container has been fully
utilized.
4. When the contents of a container consists of more
than one commodity, freight charges shall be
calculated at the rate applicable on each
commodity therein and provided that the total
aggregate equals:
On a measurement basis at least 70 percent of the
inside cubic capacity of the container OR On a
weight basis at least 70 percent of the weight
capacity of the container regardless of whether
the commodities are rated on weight or measurement
basis; however, if the total measurement and
weight is less than the above stated minimum,
freight shall be assessed on the lower deficiency at
the rate applicable to the highest rated commdoity.
5. However, if the measurement ton total and the weight
ton total are less than the applicable minimum,
additional freight charges shall be assessed on the
smaller tonnage deficiency at the rate applicable to
the highest rated commodity of that deficiency. If
all the contents of a container are rated on a basis,
either weight or measurement, other than that of the
small tonnage deficiency, the highest rate shall
nevertheless be applicable to the smaller deficiency.
X. Insurance:
Rates named in this Tariff do not include
marine insurance. However, as an accommodation to
shipper, and upon shipper's written request, carrier
will place marine insurance and war risk insurance
under its existing insurance facilities at current
rates. Cost of insurance will be for account of the
shipper.
Y. Limitation of Services:
1. The carrier is not obligated under this tariff to
transport property for which suitable equipment is
not available, nor will transportation be
performed under impractical or unsafe
circumstances in the judgement of the carrier.
2. Nothing in this tariff shall be construed as
to create any obligation for the carrier
to institute or maintain any services from or to
any place named herein, and all rates, rules
and regulations will apply only when services
so mentioned are operating.
Z. Prohibited or Restricted Articles:
Unless otherwise provided herein, the following
articles will not be accepted for transportation under
this tariff:
1. Freight, loose or in bulk (unpackaged), except
when prior arrangements have been concluded with
carrier.
2. Freight which because of its inherent vice is
likely to contaminate or otherwise damage
containers or other cargo.
3. Live Animals or fowl, or birds, domestic or wild;
except as otherwise provided.
4. All goods, including letters, parcels, packages or
pieces with or without postage affixed, which
prior to receipt by carrier have been received by
and entered into any U.S. Post Office.
5. Bank bills, coin or currency, deeds, drafts, notes
or valuable paper of any kind; jewelry; postage
stamps or letters and packets of letters with or
without postage stamps affixed; precious metals or
articles manufactured therefrom; precious stones;
revenue stamps; works of art; antiques, or other
related or unrelated old, rare, or precious
articles of extraordinary value, except when prior
arrangements have been concluded with carrier.
6. Human Remains
7. Radioactive Materials
8. Explosives, Ammunition and Fireworks
9. Fruit or Vegetables, Fresh
10. Meat or Poultry, Fresh
11. Live Plants, Nursery Stock, Bushes or Tree
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