RULE: 2 - APPLICATION OF RATES AND CHARGES Eff: 29JAN2007
Effective | 29JAN2007 |
---|---|
Filed | 29JAN2007 |
Filing Codes | I |
1. Rates apply from end of ship's tackle at Port of Loading to end of ship's tackle at Port of Discharge or From/To Inland Point at Origin/Destination To/From Port of Loading/Discharge and, unless otherwise specifically provided, do not include Lighterage, Terminal Handling, Wharfage or any other Accessorial Charges which are established by Custom of the Port, by Port or Local Tariffs or by U.S. Customs. Any Accessorial Charges which are assessed against the cargo will be for the account of the cargo, even if the Carrier is responsible for the collection thereof. 2. Rates are stated in terms of U.S. Currency and apply per 1,000 Kilos (W) or 1 Cubic Meter (M), as indicated, whichever yields the greater revenue, except as otherwise specified. Where the word "Weight" or the letter "W" appears next to an article or commodity, weight rates are applicable without regard to measurement. Where the word "Measurement" or the letter "M" appears next to an article or commodity, measurement rates are applicable without regard to weight. All freight rates and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided. Rates indicated by WM are optional weight or measurement rates and the rate yielding the greater revenue will be charged. 3. Packages containing articles of more than one description shall be rated on the basis of the rate pro- vided for the highest rated articles contained therein, except as otherwise provided in this Tariff. 4. Except as otherwise provided, rates do not include Marine Insurance or Consular Fees. 5. For Outbound Cargo, description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with the validated United States Custom Declaration or Export Declaration covering the shipment. Carrier MUST verify the Bill of Lading description with the validated United States Custom Declaration, Custom Entry or Export Declaration including Schedule "B" Number and Dock Receipt. Shipper amendments in the description of the goods will only be accepted if validated by United States Customs. Trade Names are not acceptable commodity descrip- tions and Shippers are required to declare their commodity by its generally accepted generic or common name. If Shippers are not covered by a Shipper's Export Declaration as permitted by Export Control Regulations, Shippers must type on B/L "No SED required as per Rule 30.78" and insert the applicable commodity Schedule B number in the Line-copy of the Bill of Lading. On Outbound Cargo, for shipment of commodities on which the applicable rate is determined on the basis of a value scale, Shippers must insert the value of the goods as declared for Customs purposes in the Line copy of the Bill of Lading in addition to the commodity Schedule B number. 6. Unless otherwise specified, when the rates are based on the value of the commodity, such commodity value will be the F.O.B. or F.A.S. value at the Port of Loading as indicated on the Commercial Invoice, the Custom Entry, the Export Declaration or the Shipper's Certificate of Origin. The F.O.B. value and the F.A.S. value include all expenses up to delivery at the Loading Port. 7. At Shipper's request, rates may be predicated on a value lower than the Bill of Lading limit of value or on an Ad Valorem basis. 8. Except as otherwise provided, rates apply only to the specific commodity named and cannot be applied to analogous articles. Unless a commodity is specifically provided for, the Cargo, N.O.S., Dangerous/Hazardous Cargo, N.O.S. or Refrigerated Cargo, N.O.S. rate will apply. (For definition of Hazardous Cargo, see Rule 16) 9. Wherever rates are provided for named articles, the same rate will also be applicable on parts of such articles where so described in the Ocean Bill of Lading, except where specific rates are provided for such parts. 10. Unless otherwise provided, Breakbulk and LCL Rates apply on cargo delivered to Carrier's Terminal. Con- tainers are to be picked up at Carrier's CY, and chassis or flatbed must be provided by the Shipper. 11. FORCE MAJEURE CLAUSE: "Without prejudice to any rights or privileges of the Carrier's under-covering Bills of Lading, Dock Receipts, or Booking Contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, embargoes, blockades, port congestion, strikes or labor disturbances, regula- tions of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and affecting the Carrier's operations, the Carrier reserves the right to cancel any outstanding booking or contract if in conformity with the Shipping Act of 1984, the Ocean Shipping Reform Act of 1998 and Federal Maritime Commission Regulations, by tariff publication, any affected rate or rates in order to meet such conditions." 12. For the movement of cargo From/To Inland Points, at Shipper's request, the Ocean Carrier will arrange for transportation Via Overland Carrier. Overland Carriers will be utilized on an availability of service basis and NOT restricted to any preferred Carriers, except as Carrier deems necessary to guarantee safe and efficient movement of said cargo. Carrier shall NOT be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Carrier. 13. Commodities which are restricted to "Stowage on Deck" in accordance with Code of Federal Regulations (Title 46, Shipping, Parts 146-149) shall be accorded the rates for Dangerous Cargo. 14. MIXED SHIPMENTS/MIXED COMMODITIES: Where commodity descriptions in this tariff name more than one commodity, rates shall apply on mixed shipments of 2 or more of the commodities named, in any combination thereof. 15. ADVANCE CHARGES - CARRIER ARRANGED SERVICE: On port-to-port shipments, Shipper may request Carrier to arrange for pick-up service at origin and/or delivery service at destination. Carrier will arrange for pick-up and/or delivery service and Carrier shall advance all charges for such services arranged on behalf of the Shipper. 16. HAZARDOUS CARGO RATES: Except as otherwise provided, TRIs filed in this tariff apply on Hazardous Cargo ONLY when the TRI Hazard Code is "HAZ". TRIs with the Hazard Code "NHZ" or absent a specific Hazard Code may NOT be applied to Hazardous Cargo unless the specific Commodity Description for the TRI applies for Hazardous or Dangerous cargo only.