RULE: 7 - PAYMENT OF FREIGHT CHARGES Eff: 17MAY1999
| Effective | 17MAY1999 |
|---|---|
| Filed | 17MAY1999 |
| Filing Codes | I |
All freight and other charges on the Bill of Lading are
to be prepaid and due and payable in lawful currency of
the United States when billed.
Both Shipper and Consignee of the goods or articles
shipped shall be liable, jointly and severally, for all
unpaid charges payable on account of a shipment pursuant
to applicable tariffs including, but not confined to,
sums advanced or disbursed by Carrier on account of such
equipment.
All freight and other charges shall be considered earned
upon receipt of the goods by the Carrier. All freight and
other charges shall be collectible by the Carrier ship
and/or cargo lost or not lost or voyage interrupted or
abandoned, or whether the goods be damaged or lost or
packages be empty or partly empty.
Freight and other charges provided for in this Tariff
must be paid in full by the Shipper and his authorized
Freight Forwarder, if any, as billed upon receipt of
the goods for carriage and tender of the Bill of Lading
by the Carrier; provided, that the Carrier may, at its
discretion, extend credit to a Shipper or, when credit
is requested or accepted by a Freight Forwarder who
arranges shipment on behalf of a Shipper, to the
Shipper and his authorized Freight Forwarder, jointly
and severally, upon execution and SUBJECT to terms
of the following credit agreement:
CARRIER'S CREDIT AGREEMENT
In consideration of granting credit to us directly or to
us through our duly authorized forwarder or other agent
by the issuance and release of Bills of Lading marked
that ocean freight is prepaid or payable to Carrier, we
hereby undertake and agree as follows:
1. Receipts for all Bills of Lading so issued shall be
signed by us or on our behalf by our forwarder or
other agent.
2. We recognize and acknowledge that the issuance of any
Bill of Lading marked "prepaid" or "freight prepaid"
will not be a representation or acknowledgement by
the Carrier that such freight has in fact been paid.
We will be absolutely and unconditionally responsible
to the Carrier for payment of all freight and charges
which are due even if a "freight prepaid" or "prepaid"
Bill of Lading has been issued, and/or funds for
payment have been advanced by us to our forwarder or
other agent. And not withstanding any default, for
any reason whatsoever by such forwarder or other
agent, it is expressly understood and agreed that
such forwarder or agent is not the agent of the
Carrier, for the purpose of receiving payment of
freight and charges. Accordingly, in the event we
advance payment to our forwarder or
other agent and such forwarder or agent does not
make payment on our behalf to the Carrier for any
reason whatsoever, including its insolvency, we
shall remain liable and shall make payment to the
Carrier of all freight and charges even though
this will result in our having advanced our
forwarder the full amount claimed and also again
paying the full freight and charges to the Carrier.
3. All freight and charges shall be due within fifteen
(15) calendar days of the sailing of the vessel
from the respective port of loading.
4. Carrier may refuse to extend credit hereunder for any
failure by the undersigned Shipper to comply with
the provisions of this agreement.
5. Nothing herein contained shall limit Carrier from
exercising absolute discretion to refuse to extend
credit or its right, where credit has been extended,
to collect payment of all freight and charges prior
to vessel's arrival at port of discharge.
6. This undertaking shall continue in effect until
terminated by written notice from the Shipper or
Carrier to the other; provided, however, that the
termination shall not extinguish any existing
liabilities hereunder.
7. If freight and charges are not paid when due, Carrier
shall be entitled to collect from the Shipper any
reasonable costs and Attorney fees incurred in
collecting such freight and charges.
DATED this ______ day of ____________________ 19____
___________________________
(SHIPPER)
___________________________
(ADDRESS)
___________________________
(SIGNATORY & TITLE)