RULE: 26 - TIME/VOLUME RATES IN FOREIGN COMMERCE Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
Time Volume Rates (TVR) are subject to the following terms
and conditions:
1. Offering Period - TVR are offered for the period shown
in the individual TLI making reference hereto.
2. Commodity - Commodity is as shown in the individual TLI.
3. Minimum Volume - The minimum volume is as shown in the
individual TLI.
4. Enrollment - Shipper(s) and/or Consignee(s) desiring
to ship cargo under a TVR shall notify the carrier in
writing in the following form:
We, (insert company name) of which head office
is located in (insert complete address)
wish to accept Time Volume Rate No. (insert TVR No.)
which is offered per (Applicable NAV/CSAV tariff)
CONTRACT: (insert full name) PHONE: (insert no.)
We agree to place the time TVR No. on the body of each
Bill of Lading issued and agree that Bills of Lading
which do not bear the TVR No. will not be counted toward
the required minimum and that such shipments shall be
rated at the applicable tariff rate.
We further agree to place our name as shipper and/or
consignee (not notify party) in full style on each
Bill of Lading and that any Bill of Lading which has
a name other than as shown herein shall not be counted
toward any TVR requirement.
NAME: ____________________________
TITLE: ____________________________
DATE: ____________________________
This enrollment is acknowledged by
Your enrollment number is TVR _________.
NAME: ____________________________
TITLE: ____________________________
DATE: ____________________________
Enrollment must be in the name of the shipper or
consignee making the application. Carrier shall notify
shipper/consignee of the Enrollment Number assigned.
5. An eligible shipper shall be any shipper providing
written notice or electronic communication to NYK Line
of its intention to ship under this Time Volume Rate
prior to the effective date of this TVR.
Non-beneficial cargo interest participating in this TVR
may be required to post a performance bond in the
amount of USD 50,000 with NYK (North America) Inc.
prior to the effective date of the TVR. In the event
the terms and conditions of this TVR are not met, NYK
Line will file claim against subject bond for payment
of freight charges and/or re-rating of freight charges
as per clause nine (9) of this TVR.
6. Shipment records to be maintained to support
application of the rates provided under this Time
Volume Rate will be copies of Bills of Lading, Data
Freight Receipt, Arrival Notices, Freight Bills or
other documents employed in the normal course of
business which evidence performance of relevant
transportation service.
7. Shipper and/or shipper's agent may designate inland
carrier and customs clearance agent from an
intermediate port with prior approval from NYK Line.
8. Notwithstanding any other provisions of the TVR and to
the extent the Carrier or the Shipper may fail to meet
any obligation imposed by its terms owing to "Force
Majeure", performance of this Contract shall, to that
extent, be deemed to have been frustrated and no cause
of action for breach or liability shall arise as a
consequence thereof. For the purposes hereof, the term
"Force Majeure" shall mean and include, without
reservation or restriction, strikes, lockouts or
exceptional circumstances arising from the threat
thereof; Acts of God, State or the Public Enemy,
including but not limited to war, restraint of prices,
riots, civil disorder or insurrection, embargo or other
disruption or interference with trade; marine disaster,
fire or other casualty.
9. In the event of the shipper moving cargo outside of the
TVR with NYK at rates other than those specified in the
TVR and filed with NYK Line the carrier may allow such
cargoes to be counted toward the minimum volume
commitment listed in Item 1.
10. The maximum gross weight of cargo, packaging and other
material loaded into a non-reefer container shall not
exced 22,000 kilos. The Carrier shall have the right
to weigh or re-weigh on certified scales any cargo
tendered for shipment, and to unload and reload excess
cargo to make the trailer or container ready for legal
and safe transportation. Cargo in excess of 22,000
kilos shall be subject to additional charge of USD
20.00 per 100kg.
11. Except as otherwise specifically published in
individual tariff items shipments in containers
comprising two or more commodities in one container for
which per container rates are published will be rated
as the sum of the pro-rata shares of each per container
rate according to the number of weight tons of each
commodity.
12. Shipper shall indemnify Carrier for all penalties,
fines, losses or expenses imposed upon or incurred by
Carrier because of inaccuracies and inadequacies in
export declarations or Bills of Lading. Carrier may
assess a late document fee of USD 100 per Bill of
Lading/export dec for documents not received within 72
hours of vessel departure from port of loading.
13. Hazardous materials and dangerous goods will be subject
to Carrier's option or acceptance and to special
booking arrangments with the individual Carrier's. In
the absence of specific provision in this TVR, all
commodities designated either specifically by name or
qualified by reason of characteristics or properties,
as Hazardous Materials or Dangerous Goods as prescribed
in the United States Code of Federal Regulations, i.e.
CFR Titles 46 and 49 as revised and or the
International Maritime Dangerous Goods Code (IMDG) as
implemented shall be considered as Hazardous Material
or Dangerous Goods and subject to a surcharge of USD
100 per container.
14. Freetime at the transit port shall not exceed 5
business days beginning at 8:00 AM on the first
day following complete discharge of the vessel.
(C) Thereafter, charges are 6 FIM per TEU per day for
days 5-14 and 24 FIM per TUE per day for all days
over 14.
15. Freetime to commonwealth of independent state
countries shall be 20 days. Thereafter, subject
to a detention charge of USD5.00 per day per PC20
and USD10.00 per day per PC40.