RULE: 2 - APPLICATION OF RATES AND CHARGES Eff: 17MAY1999
| Effective | 17MAY1999 |
|---|---|
| Filed | 17MAY1999 |
| 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 published in this Tariff 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
provided for the highest rated articles contained
therein and SUBJECT to the highest applicable
minimum requirement of any article in the package,
except as otherwise provided in this Tariff.
4. Description of commodities shall be uniform on all
copies of the Bill of Lading and must be in conformity
with the validated United States Export Declaration
covering the shipment. Carrier must verify the Bill of
Lading description with the validated United States
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.
5. Wherever rates are provided for articles, the same
rates will be also applicable on parts of such
articles where so described in the Bill of Lading,
except where specific rates are provided for such
parts.
6. Commodities shipped in packages containing premium or
gift articles will be assessed with applicable rates
for the same commodities shipped in the same manner
without premium or gift articles, provided not more
than one premium or gift article is contained in each
inner package of the commodity. Shippers must certify
on Bills of Lading whenever premium or gift articles
are shipped.
7. The rates shown on this Tariff, except where
predicated on specifically lower values or on an Ad
Valorem basis, are subject to Bill of Lading limit of
value.
8. Except as otherwise provided, rates published in this
Tariff 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 Dangerous/Hazardous Cargo, N.O.S., see
Rule 16).
9. FORCE MAJEURE CLAUSE: Without prejudice to any rights
or privileges of the Carrier's undercovering 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, regulations 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 and Federal Maritime
Commission Regulations.
10. 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.
11. EXPORT DECLARATION
The Shipper shall be liable for and shall hold the
Carrier and/or Carrier's agent(s) harmless from any
loss, damage, delay, expense or liability incurred by
or levied upon the Carrier or the goods by reason of
non-compliance with customs or other regulations from
late presentation of the Shipper's export declaration.
12. PACKING
When a specific type of packing is specified in a
tariff item, only cargo packed as specified shall be
shipped pursuant to such item. If no type of packing
is specified the rate shall be applicable regardless
of type of packing, but claims for damage or loss of
contents resulting from lack of or insufficiency of
packing shall not be paid. Items specifying that the
cargo be "packed" may be packed in any recognized
manner but may not be shipped without packing, and on
such items claims shall not be paid for loss or
damage caused in inadequate packing. Carrier
reserves the right to refuse to carry any cargo the
packing of which is considered inadequate, but
acceptance of cargo under this provision shall not
constitute admission by Carrier that packing is
adequate.
13. SUSPENSION OF RULES
Carrier, if in conformity with the Shipping Act of
1984 and Federal Maritime Commission Regulations
and/or when published under authority of Federal
Maritime Commission Special Permission, may suspend
one or more rates shown in this Tariff between ports
of loading and discharge effected by the conditions
described below and/or may suspend, rescind or amend
part or all of these rules and regulations, in the
event of:
A. The outbreak or continuance of war, whether
declared or not, between any nation whose ports
are located within the scope of this Tariff and
any other nation, or;
B. Warlike operations, rebellion, riot, civil
commotion, or governmental action imposing an
embargo or quarantine at any port within the scope
of this Tariff, or;
C. The imposition by any authority having the power
to enforce the same, of any rules, regulations,
sanctions, orders, ordinances, statutes, laws or
decrees which, in the judgement of Carrier, make
it imprudent or commercially impractical to
conduct commerce and/or shipping to or from any
such port, or;
D. Destruction of any facilities at any port
necessary for the conduct of a common Carrier
Service thereat, or;
E. Occurence of congestion or any other conditions
beyond the control of Carrier which makes the
conduct of commerce and/or shipping to or from any
affected port imprudent or commercially
impractical.
Such action may be taken one or more times as long as
the effects of the event continue.
14. CUSTOMS CHARGES
Shippers must comply with all consular and customs
rules and regulations, and any fine imposed by
authorities at ports of destination or loss and/or
damage resulting from failure in this respect or for
errors or omissions therein, shall be at the risk and
expense of Consignees of the goods and shall be paid
by them.
All Custom entries and charges, if any, must be made
and paid for by owners of the freight or their
representatives and the Carrier will not advance such
charges.
15. CUSTOMS INSPECTION
If Customs Inspection is available at destination,
Customs Entry may be made at destination. Otherwise,
Custom clearance must be made at the applicable Port
of Discharge. Any charges for the unloading and/or
reloading of container's contents incidental to such
Customs Inspection or by any other Governmental
Authority shall be for the account of the cargo.
NOTE 1: In the event Shipper's seal has been broken
by the Customs or other official authorities,
with the Custom or other official seal
intact, no responsibility or liability will
be attached to the carrier for any loss of or
damage to contents of container.
16. PRIOR RESERVATION OF SPACE
Carrier reserves the right to require prior
reservation of space for all cargo.
Prior Booking is required as indicated below:
A. All cargo SUBJECT to label requirements under
United States Guard regulations.
B. When individual rate item makes specific reference
to this Rule.
C. Hazardous, Obnoxious, Temperature Controlled or
Incompatible Commodities.
17. WEIGHING AND RE-WEIGHING
A. The Carrier reserves the right to weigh any
shipment for the purpose of checking the weight
for revenue billing and to determine whether same
conforms to U.S. State, Federal and Municipal
Laws, as to maximum weight, as well as to
applicable Laws of foreign countries within the
the scope of this Tariff.
B. When a vehicle is weighed or re-weighed either
empty or loaded at the request of either the
Consignor or the Consignee, the charge will be for
the account of the cargo.
18. MARINE INSURANCE
Except as otherwise provided under the terms and
conditions of Carrier's Bill of Lading, cargo moving
under the rates published in this Tariff do NOT
include insurance against Marine adventures and
perils while the goods are in possession of Carrier
for such Marine Insurance Coverage.
19. Except as otherwise provided, rates do not include
Consular Fees.
20. MANIFEST CORRECTIONS:
Any change to a Bill of Lading requested by a
Shipper must be made no later than 5 days after
vessel's sailing. For changes requiring manifest
corrections requested after this period, Carrier
will, at its option and its sole discretion, charge
$25.00 per Bill of Lading.
21. MEASURING OF CARGO:
Unless otherwise specified all freight rates shall
be based on the actual overall measurement including
bumpers of each vehicle or other freight unit and
cubed in accordance with the custom of the port.