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| Owner |
Tariff ID |
Rule |
Sub-Rule |
Filed |
Effective |
Expires |
| 019075 |
002 |
036 |
000 |
09-20-2016 |
09-20-2016 |
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RULE 36 - ABANDONED CARGO AT DESTINATION TERMINAL
ABANDONED CARGO AT DESTINATION TERMINAL
Abandoned Cargo is Cargo which the consignee, shipper, importer or merchant has manifest no intention to take delivery of or where the consignee cannot be identified or located after a reasonable period of 21 Days, shall be deemed as abandoned.
A. Upon Carrier’s written or email notification to the Merchant, Carrier shall have the option, at its sole discretion, to deem and declare undelivered Cargo as abandoned by the Merchant when (1) the Charges against the cargo exceed an estimated 50% of the value of the cargo or (2) twenty-one (21) calendar days have elapsed since the cargo was discharged from the carrying vessel, or, (3) in the case of an intermodal shipment, the cargo has been made available for delivery by carrier’s subcontractor, whichever occurs first. At the sole discretion of carrier, the merchant may pay a money deposit equal to the due amount plus any charges for additional days required by the importer to extend the shipment idling in the port. The Carrier is entitled to exercise a lien against the abandoned cargo for all penalties, rates, assessments, or any other Charges whatsoever including but not limited to the costs of destruction if necessary (hereinafter the Charges) that are due and owing in relation to the abandoned cargo. In order to satisfy such lien, carrier may sell the cargo at a public or private sale. Notwithstanding any sale of the cargo, the Merchants shall still be required to satisfy full amount of the lien less any recovery that the carrier makes for the sale or salvage. The Merchant shall also be liable for all costs associated with the sale or salvage of the cargo.
B. Should the Merchant voluntarily wish to abandon the cargo, he must submit a written request to the carrier. Only Merchants named on the bill of lading or Merchants who are holders in due course of an original to order bill of lading covering the cargo may submit a request to the carrier to abandon the cargo. Any such Merchants intending to abandon the cargo must provide the carrier with a letter of abandonment and must also surrender an original bill of lading (if used), or if an original bill of lading is not used, such other documentation as may be required by the Carrier. Carrier reserves the right to require additional documentation, including, but not limited to, commercial invoices and packing lists. Merchants who voluntarily abandon the cargo shall be responsible for all Charges attributable to that cargo as set forth in paragraph A above and such Merchant shall be obligated to reimburse the Carrier for any difference between the proceeds of the sale of the cargo and the actual Charges that have been assessed against the cargo as sell as any costs associated with such sale.
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