RULE: 7.030 - RELEASE OF ORIGINAL BILLS OF LADING ON CREDIT Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
Applies on freight and charges prepaid in the United
States, its possessions and territories only.
Carrier may extend credit to a shipper designated on the
Bill of Lading for freight and charges to be paid at
origin.
Carrier reserves the right to suspend the privilege of
credit for any delinquent account, thereby placing such
account on a cash basis.
1. Credit period
The credit period is twenty-one (21) days, Saturdays,
Sundays and Holidays, inclusive, after the date of
sailing from the respective port of loading by the
carrying vessel.
2. Credit period for government and relief agencies.
The period of credit which may be extended pursuant
to this rule shall not restrict regular procedures of
payment on shipments made by:
a. any government or agency thereof shown as shipper
or consignee on the Bill of Lading, or
b. voluntary relief agencies as defined in Rule 2-180
and shown as shipper or consignee on the Bill of
Lading.
It is the responsibility of the carrier to take prompt
measures to collect freight moneys and/or charges unpaid
after the period specified in this rule.
3. Shipper's credit agreement
The carrier requires a duly executed shipper's credit
agreement (see sample following) to extend the credit
provisions of this tariff rule.
4. SAMPLE CREDIT AGREEMENT
Whereas, ________________________________________________
("shipper") is or may be the shipper of goods
shipped under bill(s) of lading Nippon Yusen Kaisha ("NYK")
pursuant to Bills of Lading which recite that freight and
other charges are "prepaid" or "to be prepaid", and shipper
is therefore responsible for the payment to NYK of freight
and other charges thereon; and
WHEREAS, shipper wishes NYK to issue and release to shipper
such Bill(s) of Lading before NYK has been paid freight and
other charges due and therefore requires that NYK extend
credit to shipper, and NYK agrees to extend such credit
pursuant to the terms hereof;
NOW, THEREFORE, In consideration of granting credit shipper
and NYK agree as follows:
1) NYK shall issue and release to shipper prior to actual
payment to NYK of freight and other charges on cargo
received for transportation by NYK Bill(s) of Lading
with respect thereto which Bill(s) of Lading recite
that freight has been prepaid or is to be prepaid, and
shipper shall give NYK a written receipt for such
Bill(s) of Lading at the time they are so issued and
released in such form as NYK may require. Any
irregularity in the receipt or in its execution or any
failure to obtain such receipt shall not affect, in any
manner, shipper's obligations to pay all such freight
and other charges within the time limit set forth
herein. Authorized agents of shipper may on shipper's
behalf, receive such Bill(s) of Lading and sign and
deliver receipts therefor.
2) Shipper shall effect payment to NYK of all freight and
other charges due NYK for such shipment upon the
earlier of:
(a) expiration of 21 (twenty-one) calendar days after
the date of sailing of an NYK carrying vessel from
the port of loading or such different period as may
be specified in the applicable tariff,
(b) insolvency bankruptcy, liquidation or dissolution
of shipper, or
(c) NYK's demand for payment which demand may be made at
any time in NYK's sole discretion.
3) If the services of a broker, forwarding agent or
others (hereinafter collectively "agents") are
utilized in connection with the payment of freight
or other charges to NYK, shipper agrees that such
agents act as shipper's agents for such purpose
and not as the agents of NYK.
Shipper further specifically agrees that, in extending
the credit herein provided for, NYK is relying upon
the credit of shipper and upon NYK's lien on the
goods, and not upon the credit of such agent. Shipper
shall be absolutely and unconditionally responsible
for payment to NYK of all freight and other charges
within the period above prescribed, whether or not
funds for payment of such freight and other charges
have been advanced by shipper to agents.
If shipper provided funds to an agent to pay freight
or other charges due NYK, shipper does so at its own
risk and in the event such agent converts such funds
to its own use or for any other reason whatsoever fails
to pay them to NYK, shipper shall remain absolutely and
unconditionally liable to NYK for the payment of such
freight and other charges. In no event shall any
demand by NYK upon such agent for payment of freight
and other charges constitute a waiver or an estoppel
of NYK's right to enforce shipper's undertaking herein.
4) This agreement relates only to payment of freight and
is not intended and shall in no event be construed:
(a) to require NYK to issue, release or date "on board"
or "received for shipment" Bill(s) of Lading before
such time as the shipment has in fact been loaded
on board or received by NYK for shipment, as the
case may be, or
(b) to revoke, rescind or in any way modify clauses 24
and 25 of NYK's regular Bill of Lading which is set
forth in Exhibit A hereto and is incorporated by
reference as though set forth in full herein.
5) This agreement does not apply to and shall not operate
to extend credit in respect of freight and charges
incurred by shipper pursuant to a conference or rate
agreement tariff is such conference or rate agreement
tariff either prohibits the granting of credit or
includes its own credit agreement, whether or not
shipper is actually a signatory to a credit agreement
of such conference or rate agreement.
6) In the event NYK delivers the shipment to the
consignee prior to payment to NYK of all freight and
other charges due thereon, shipper expressly agrees
that NYK's lien on the goods for such amounts shall
survive delivery and shall be extinguished only by
payment of such amounts by NYK.
7) Credit privileges granted hereunder may be temporarily
suspended or permanently terminated by NYK upon
shipper's failure or refusal to comply with the
provisions hereof, or insolvency, bankruptcy,
liquidation or dissolution of shipper, provided that
such suspension or termination shall not extinguish
any of shipper's liabilities otherwise existing
hereunder. The failure of NYK on any occasion or
occasions to suspend or terminate credit privileges in
accordance with this provision shall not consitute a
waiver or estoppel of its right to do so at a later
time.
8) In the event shipper fails or refuses to comply with
the provisions hereof, shipper shall be liable to NYK
for any and all losses, damages or expenses of
whatsoever nature incurred by NYK resulting from or
arising out of such failure or refusal, including but
not limited to the amount of freight and charges due
and unpaid, legal interest thereon and attorneys fees,
court costs and other costs incurred by NYK in seeking
recovery thereof.
9) In Exhibit B hereto, shipper:
(a) identifies three credit references, one of which
is shipper's principal bank and
(b) authorizes each credit reference so identified to
make full disclosure to NYK of such credit
information concerning shipper as NYK may request.
10) Please list any subsidiaries or affiliated companies
that should also be covered under this credit
agreement. You should be aware that if any one
subsidiary or affiliate should exceed that time
limitation of extended credit then all companies tied
to this agreement would be put on a CASH basis only.
Company _______________ Company ________________
Address _______________ Address ________________
City, State ____________ City, State _____________
Phone __________________ Phone ___________________
Company ________________ Company _________________
Address ________________ Address _________________
City, State ____________ City, State _____________
Phone __________________ Phone ___________________
11) This agreement shall become effective upon execution
by NYK and shall continue in effect until termination
by either party by giving written notice to the other,
provided that such termination shall not extinguish any
of shipper's liabilities otherwise existing hereunder.
Shipper: _______________________________________________
By: ____________________________________________________
Title: _________________________ Date: _________________
Lavino Shipping Agencies, Inc.
- as agents for -
Nippon Yusen Kaisha
By: ____________________________________________________
Title: _________________________ Date: _________________
EXHIBIT A
Clause 24 and 25 of NYK's regular long Form Bill of Lading
24. (Lien)
(1) The Carrier shall have a lien on the Goods, which
shall survive delivery, for all freight, dead freight,
demurrage, damage, loss, charges, expenses and any other
sums whatsoever payable by or chargeable to or for the
account of the Merchant under this Bill of Lading and any
contract preliminary hereto and the cost and expenses of
recovering the same, and may sell the Goods privately or
by public auction without notice to the Merchant. If on
sale of the Goods, the proceeds fail to cover the amount
due and the cost and expenses incurred, the Carrier shall
be entitled to recover the deficit from the Merchant.
(2) If the Goods are unclaimed during a reasonable time, or
whenever in the Carrier's opinion, the Goods will become
deteriorated, decayed or worthless, the Carrier may, at his
discretion and subject to his lien and without any
responsibility attaching to him, sell, abandon or otherwise
dispose of such Goods solely at the risk and expense of the
Merchant.
25. (Freight and Charges)
(1) Freight may be calculated on the basis of the
particulars of the Goods furnished by the Merchant who
shall be deemed to have guaranteed to the Carrier the
accuracy of the contents, weight, measure or value as
furnished by him, at the time of receipt of the Goods by
the Carrier, but the Carrier may, for the purpose of
ascertaining the actual particulars, at any time, open the
container(s) and/or package(s) and examine contents,
weight, measure and value of the Goods at the risk and
expense of the Merchant. In case of incorrect declaration
of the contents, weight, measure or value of the Goods,
the Merchant shall be liable for and bound to pay to the
Carrier,
(a) the balance of freight between the freight charged and
that which would have been due had the correct details
been given, plus
(b) as and by way of liquidated and ascertained damages, a
sum equal to the correct freight.
(2) Full freight to the port of discharge or place of
delivery named herein shall be considered as completely
earned on receipt of the Goods by the Carrier, whether the
freight be stated or intended to be prepaid or to be
collected at destination. The Carrier shall be entitled
to all freight and other charges due hereunder, whether
actually paid or not, and to receive and retain them
irrevocably under any circumstances whatsoever, whether
the Vessel and/or the Goods be lost or not, or the voyage
be broken up or frustrated or abandoned at any stage of the
entire transit. Full freight shall be paid on damaged or
unsound Goods.
(3) The payment of freight and/or charges shall be made in
full and in cash without any offset, counterclaim or
deduction. Where freight is payable at the port of
discharge or place of delivery, such freight and all other
charges shall be paid in the currency named in this Bill of
Lading, or at Carrier's option, in other currency subject
to the regulations of the freight conference concerned or
custom at the place of payment.
(4) Goods once received by the Carrier cannot be taken away
or disposed of by the Merchant except upon the Carrier's
consent and against payment of full freight and
compensation for any loss sustained by the Carrier through
such taking away or disposal. If the Goods are not
available when the Vessel is ready to load, the Carrier is
relieved of any obligation to load such Goods and the
Vessel may leave the port without further notice and dead
freight shall be paid by the Merchant.
(5) The Merchant shall be liable for, and indemnify the
Carrier against all dues, duties, taxes and charges
including consular fees levied on the Goods, or all fines
and/or loss sustained or incurred by the Carrier in
connection with the Goods howsoever caused, including the
Merchant's failure to comply with laws and regulations of
any government or public authorities in connection with the
Goods or to procure consular, Board of Health or other
certificate to accompany the Goods. The Merchant shall be
liable for return freight and charges on the Goods refused
exportation or importation by any government or public
authorities. If the Carrier is of the opinion that
the Goods stand in need of sorting, inspecting, mending or
repairing or reconditioning or otherwise require protecting
or caring for, the Carrier may carry out such work at the
cost and expense of the Merchant. The Merchant authorizes
the Carrier to pay and/or incur all such charges and
expenses and to do any matters mentioned above at the
expense of and as agents for the Merchant and to engage
other persons to regain or seek to regain possession of the
Goods and do all things deemed advisable for the benefit of
the Goods.
(6) The shipper, consignee, owner of the Goods and holder
of this Bill of Lading shall be jointly and severally
liable to the Carrier for payment of all freight and
charges and for the performace of the obligation of each
of them hereunder.
EXHIBIT B
Credit Reference and Authorization
We, ____________________________________________________
(Shipper)
________________________________________________________
(Address)
have applied to Nippon Yusen Kaisha ("NYK") for credit
privileges relating to freight and other charges due on
shipments transported by NYK. NYK may contact the below
named credit references. List one (1) bank reference.
PRINCIPAL BANK
Name: _______________________________________________
Address: ____________________________________________
_____________________________________________________
Phone No.: __________________________________________
Contact Name: _______________________________________
Shipper's Acct. No.: ________________________________
List Two (2) Credit References
Name: ____________________ Name: _____________________
Address: _________________ Address: __________________
Phone: ___________________ Phone: ____________________
We hereby authorized said credit reference to make full
disclosure to NYK of any credit information NYK may
request.
Shipper: _______________________________________________
By: ____________________________________________________
(Signature)
________________________________________________________
(Print Name)
Its: ___________________________________________________
(Title of Organization Officer)
Date: __________________________________________________