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.

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