RULE: 2 - APPLICATION OF RATES AND CHARGES Eff: 01JUN2015
| Effective | 01JUN2015 |
|---|---|
| Filed | 29MAY2015 |
| 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. (See Paragraph 10)
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, as
modified by 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. Except as otherwise provided herein or in Rules 4
and 5, rates as provided herein apply only on pieces or
packages not exceeding 10,000 pounds in weight, or 19
feet, 5 inches in length or 94 inches in width, or 93
inches in height.
13. Where rates are published herein From or To a
specifically named Port and/or Point, such rates shall
take precedence over rates in the same item From and/or
To the General Port Range or Region containing the
specifically named Port and/or Point.
14. 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.
15. CARRIER'S LIABILITY LIMITED: The provisions of the
Carriage of Goods by Sea Act, Title 45 U.S.C. Sections
181, 182, 183, 184, 185 and 189 shall be applicable and
the Bill of Lading shall not be deemed to be or to rise
to a personal contract of the Carrier. All goods carried
in highway trailers or containers will be on deck or
under deck at Carrier's option notwithstanding Section
1301 U.S.A. Title 46. Full freight is earned to
destination upon receipt of goods by Carrier.
16. FRACTIONAL MEASUREMENTS: All fractions under one half
centimeters shall be dropped. All measurements one half
centimeter and more shall be rounded up to the nearest
whole centimeter. All cubic measurements shall be
expressed to the nearest thousandth of a cubic meter.
17. METRIC/ENGLISH EQUIVALENTS AND CONVERSION FACTORS:
A. Equivalents:
(1) One kilogram = 2.2046 pounds
(2) One thousand kilograms = one metric ton =
2,204.6 pounds
(3) One pound = 0.4536 kilos
(4) Two thousand pounds = 907.2 kilos
(5) One cubic meter = 35.3145 cubic feet
(6) One cubic foot = 0.0283 cubic meters
(7) One meter = 39.370 inches = 3.2809 feet
(8) One centimeter = 0.3937 inches
(9) One inch = 2.540 centimeters
(10) One foot = 0.30479 meters = 30.48 centimeters
B. Conversion factors; apply the following factors when
converting from and to the metric system:
To Convert To Multiply By
cubic feet cubic meters 0.0283
cubic meters cubic feet 35.3145
short tons metric tons 1.102
metric tons short tons 0.9072
pounds kilograms 0.4536
kilograms pounds 2.2046
centimeters inches 0.3937
feet meters 0.3048
inches centimeters 2.54
inches meters 0.0254
meters feet 3.201
meters inches 39.37
F (Fahrenheit) C (Celsius) (f-32) x 5/9
C (Celsius) F (Fahrenheit) (c x 9/5) + 32
18. PROHIBITED OR RESTRICTED ARTICLES: Unless otherwise
provided, the following articles will not be accepted for
transportation under this Tariff:
Animals, live.
Articles described under Rule 3 of the Uniform
Classification, ICC UFC 6000 (Series).
Articles as described in Items 92880, 92890, 92900,
93080, 93081 or 93110 of the Uniform Classification,
ICC UFC 6000 (Series).
Bulk Commodities.
Coal.
Coke.
Explosives as described in Classes A, B and C, Sections
173.93 of Agent T.A. Phemister Tariff BOE 6000
(Series).
Fruits, fresh (not cold pack or frozen).
Game, live.
Hides, pelts or skins, green salted.
Ice.
Missiles, guided or Rockets, guided; Guidance Systems
or Electronic Guidance Control Apparatus for
installation in Missiles or in Missile sections;
Missile or Rocket Frame Assemblies containing
electronic apparatus, or Mobile Missile Guidance
Control Systems, as described in Items 69093 through
69098 of the Uniform Classification, ICC UFC 6000
(Series).
Motor Vehicles, freight or passenger or combination of
freight and passenger, complete, finished or not
finished, except rates will apply on such motor
vehicles when loaded in closed trailers.
Pigeons, live.
Poultry, live.
Radioactive Materials, as described in Items 80761 to
80768 of the Uniform Classification, ICC UFC 6000
(Series).
Refrigerated Cargo on LCL cargo.
United States Mail of any class.
Vegetables, fresh or green (not cold-pack or frozen).
19. PACKAGING REQUIREMENTS: All articles tendered for
transportation are to be packaged and packed in such a
manner as to avoid damage in normal handling of the
cargo. If cargo is tendered for shipment loose or not
packaged or crated, Carrier may, at its option, construct
crates to protect the cargo. Charges for the construction
of such crates will be for the account of the cargo.
Freight charges shall be assessed on the total
measurement of the crate or the weight of the cargo
including the crate, whichever produces the higher
revenue. If Carrier accepts cargo that is loose or not
packaged or crated and elects not to construct crates for
the transportation thereof, freight charges shall be
assessed on the basis of the overall square of the
article as if a crate was constructed and on the
measurement of the area above the article in the
container that can not be utilized due to the
insufficient packing/packaging of the article.
20. GLASS AND FRAGILE ARTICLES: Articles of glass or
contained in glass and fragile objects in general shall
be packed to protect said property against any and all
damage which might otherwise occur during normal
truck/ship handling on board or ashore and must be
clearly marked to indicate to Carrier the true nature of
the property.
Glassware, crockery and all fragile property in
packages or crates will be accepted at Carrier's option
ONLY, and if accepted, at owner's risk of breakage.
21. INSURANCE: Rates named herein do not include marine
insurance, and no premiums for account of Shipper may be
absorbed by the Carrier.
The liability of the Carrier as to the value of
shipments at the rates provided in this Tariff shall be
determined in accordance with the clause of the Carrier's
Bill of Lading Form.
22. FREIGHT LIABLE TO DAMAGE OTHER CARGO: The Ocean
Carrier shall have the right to refuse to accept any
cargo offered for shipment which is liable to damage
other cargo, the vessel, or prove offensive to
passengers.
23. LESS THAN CONTAINER LOAD CARGO FOR CONSOLIDATION:
This rule applies to shipments of two (2) or more
commodities as defined by the U.S. Department of
Commerce Classification, Schedule "B".
Each shipment must not contain a commodity which
exceeds 11,200 kgs. in weight. This item shall apply
only when all of the following conditions are met:
1. One Shipper, one Consignee
2. One port of loading, one port of discharge
3. No more than one Bill of Lading per Shipper's agent
Hazardous cargo may not be accepted without prior
consent of the Carrier. Any hazardous cargo accepted
regardless of size will be subject to a hazardous minimum
Bill of Lading charge. No obnoxious or incompatible
commodities shall be placed in any container nor will
this item apply on cargo using temperature controlled
containers.
Shippers must provide Carrier with a packing list
setting forth in detail the contents of each piece of
freight tendered to said Carrier. Cargo will be accepted
by the Carrier at a container freight station designated
by the Carrier.
Rates SUBJECT to this rule will not be subject to
Freight Forwarding Compensation as defined in Rule 9,
Section A and B.
Included in rates subject to this rule will be currency
adjustment factor, and the freight rate, except for
hazardous cargo which is explained above.
24. MARKING OF FREIGHT: Each single carton, package, or
other separate article MUST be plainly and durably marked
with the name and address of the Shipper and the name and
address of the Consignee.
LCL cargo received unmarked shall be marked and a
charge of $20.00 per consignment or $1.50 per piece,
whichever produces the greater revenue, shall be
assessed. Carrier accepts no liability in marking of
cargo.
25. Carrier will reject for shipment any containers
provided by Shippers that do not conform in all respects
with the United States Government Occupational, Safety
and Health Act.
26. No hazardous or objectionable cargo will be
accepted in containers without prior Carrier approval.
27. CANCELLED FREIGHT: When Shipper tenders cargo to
Carrier for transportation and Shipper subsequently
cancels its request for shipment, such cargo shall be
subject to a in/out charge for handling of cargo at
Carrier's warehouse as follows:
$8.00 WM, subject to a Minimum Charge of $35.00
28. STORAGE AND WAREHOUSE CHARGES:
Except as otherwise provided all shipments accepted by
Carrier for transportation will be allowed a free storage
time of ten days excluding Saturdays, Sundays and legal
holidays. Shipments held in excess of the free time
period through no fault of the Carrier will be assessed
storage charges at the rate of 40 cents per net ton or
fraction thereof per day for the first seven days; 60
cents per net ton or fraction thereof per day for the
eighth and succeeding days through the fourteenth day and
$1.00 per net ton or fraction thereof per day for the
fifteenth and all succeeding days, SUBJECT to a Minimum
Charge of $3.50. When delay in forwarding is due to
Carrier's fault, storage charges shall be waived for the
period of time that the Carrier is responsible.
29. FORWARDERS ADVANCE CHARGES:
A. Shipper's advance charges on Bill of Lading for
collection from Consignees will be accepted providing
they do not relate in any part to cost of the cargo
and/or the ocean freight thereon, but only cover
carrying and other legitimate expenses to F.O.B.
export steamer. Such advance charges shall be
accepted without Carrier's responsibility however,
and are at the full risk of the Shipper at all times.
Such charges must be shown in U.S. Dollars and must
be supported by vouchers.
B. A collection fee of 2.5% of the advanced amount to be
collected, with a minimum charge of $5.00 will be
included in the Bill of Lading Charges.
30. CONTAINER CARGO:
A. Container rules apply only to non-disposable
containers that are single, rigid, non-disposable
implements specifically designed in accordance with
ISO/ASA standings for the intermodal transport of
cargoes. All types of containers, including, but not
limited to dry general cargo, ventilated, insulated,
flat rack, vehicle rack, portable liquid tank, open
top, will have construction, fittings and fastenings
able to withstand, without permanent distortion, all
of the stresses that may be applied in normal service
use at continuous intermodal transportation.
Containers shall not have measurement of less than
175 CFT.
B. Container rules will apply when packing of the
container is accomplished by the Shipper at Shipper's
sole risk and expense and/or the container is emptied
by the Consignee at the Consignee's risk and expense.
The Shipper of containers tendered to the Carrier as
Shipper-packed will be soley responsible for adequate
packing of the container and the Carrier will not be
responsible for any discrepancy in outturn of contents
nor for any loss or damage to the contents or the
container caused by improper packing or the shifting
or mixing of articles within the container, or for any
other reason, except where shown to be due to the
negligence of the Carrier.
C. Except for Door Service rates and House Service rates,
any expense involved in transportation of containers
to Carrier's receiving area and/or beyond delivery
port terminals are for the account of the cargo.
D. The Shipper is to furnish the Carrier, when delivering
a packed and sealed container, a list of contents in
the container, showing description of the goods and
the gross weight and measurement of the contents
thereof, and Carrier will accept as "Shipper's load
and count" and the Bill of Lading shall be so claused.
Shipper must certify in writing that the weight of
the cargo and the container does not exceed any over-
the-road weight limitations.
E. All expenses which may be incurred for Customs
examination either at port of loading or at port of
discharge must be paid by the Shipper/Consignee or
Consolidator.
F. Free Time:
1. Free time for each container shall be five (5) days
commencing at 0800 hours on the first working day
after vessel completes discharge, except for
refrigerated, insulated and bulk liquid tank
containers as to which free time shall be two
(2) days. Sundays and holidays shall not be counted
when computing free time.
At expiry of free time, the Carrier reserves the
right to unload the cargo from his container and
transfer to public storage. All storage, transfer
and expenses incidental to the removal of cargo
from the Carrier's containers shall be at risk and
expense of cargo.
2. Equipment Free Time and Demurrage:
A. Standard Ordinary Containers:
(i) For the first five (5) calendar days after
expiry of free time, the charge shall be
$7.50 per day or fraction thereof per
container.
(ii) For the second consecutive period of five
(5) calendar days, the charge will be
$10.50 per day or fraction thereof per
container.
(iii) For all consecutive periods thereafter,
the charge shall be $14.50 per day or
fraction thereof per container.
B. Open Top, Gondola, Flat Rack and Specialized
Containers:
(i) For the first five (5) calendar days after
expiry of free time, the charge shall be
$14.50 per day or fraction thereof per
container.
(ii) For the second consecutive period of five
(5) calendar days, the charge will be
$21.00 per day or fraction thereof per
container.
(iii) For all consecutive periods thereafter,
the charge shall be $30.00 per day or
fraction thereof per container.