RULE: 2 - APPLICATION OF RATES AND CHARGES Eff: 10MAY1999
| Effective | 10MAY1999 |
|---|---|
| Filed | 10MAY1999 |
| 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 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 pro-
vided for the highest rated articles contained therein,
except as otherwise provided in this Tariff.
4. Except as otherwise provided, rates do not include
Marine Insurance or Consular Fees.
5. For Outbound Cargo, description of commodities shall
be uniform on all copies of the Bill of Lading and MUST
be in conformity with the validated United States Custom
Declaration or Export Declaration covering the shipment.
Carrier MUST verify the Bill of Lading description with
the validated United States Custom Declaration, Custom
Entry or 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.
Trade Names are not acceptable commodity descrip-
tions and Shippers are required to declare their
commodity by its generally accepted generic or common
name.
If Shippers are not covered by a Shipper's Export
Declaration as permitted by Export Control Regulations,
Shippers must type on B/L "No SED required as per Rule
30.78" and insert the applicable commodity Schedule B
number in the Line-copy of the Bill of Lading.
On Outbound Cargo, for shipment of commodities on
which the applicable rate is determined on the basis of
a value scale, Shippers must insert the value of the
goods as declared for Customs purposes in the Line copy
of the Bill of Lading in addition to the commodity
Schedule B number.
6. Unless otherwise specified, when the rates are
based on the value of the commodity, such commodity
value will be the F.O.B. or F.A.S. value at the Port
of Loading as indicated on the Commercial Invoice, the
Custom Entry, the Export Declaration or the Shipper's
Certificate of Origin. The F.O.B. value and the F.A.S.
value include all expenses up to delivery at the Loading
Port.
7. At Shipper's request, rates may be predicated on a
value lower than the Bill of Lading limit of value or on
an Ad Valorem basis.
8. Except as otherwise provided, rates 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 Hazardous Cargo, see Rule 16)
9. Wherever rates are provided for named articles,
the same rate will also be applicable on parts
of such articles where so described in the Ocean Bill
of Lading, except where specific rates are provided for
such parts.
10. Unless otherwise provided, Breakbulk and LCL Rates
apply on cargo delivered to Carrier's Terminal. Con-
tainers are to be picked up at Carrier's CY, and chassis
or flatbed must be provided by the Shipper.
11. FORCE MAJEURE CLAUSE: "Without prejudice to any
rights or privileges of the Carrier's under-covering
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, regula-
tions 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, by tariff
publication, any affected rate or rates in order to
meet such conditions."
12. For the movement of cargo From/To Inland Points, at
Shipper's request, the Ocean Carrier will arrange for
transportation Via Overland Carrier. Overland Carriers
will be utilized on an availability of service basis and
NOT restricted to any preferred Carriers, except as
Carrier deems necessary to guarantee safe and efficient
movement of said cargo.
Carrier shall NOT be obligated to transport the goods in
any particular type of container or by any particular
Vessel, Train, Motor or Air Carrier, or in time for any
particular market or otherwise than with reasonable
dispatch. Selection of Water Carriers, Railways, Motor
or Air Carrier used for all or any portion of the
transportation of the goods shall be within the sole
discretion of the Carrier.
13. 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.
14. MIXED SHIPMENTS/MIXED COMMODITIES:
Where commodity descriptions in this tariff name
more than one commodity, rates shall apply on mixed
shipments of 2 or more of the commodities named, in
any combination thereof.
15. ADVANCE CHARGES - CARRIER ARRANGED SERVICE:
On port-to-port shipments, Shipper may request Carrier
to arrange for pick-up service at origin and/or delivery
service at destination. Carrier will arrange for pick-up
and/or delivery service and Carrier shall advance all
charges for such services arranged on behalf of
the Shipper.
16. HAZARDOUS CARGO RATES:
Except as otherwise provided, TLIs filed in this tariff
apply on Hazardous Cargo ONLY when the TLI Hazard Code
is "HAZ". TLIs with the Hazard Code "NHZ" or absent a
specific Hazard Code may NOT be applied to Hazardous
Cargo.
17. TOLLAGE, WHARFAGE AND HANDLING AND/OR OTHER CHARGES:
Any Tollage, Wharfage, Handling and/or other charges
assessed against the cargo at Ports of Loading/
Discharge will be for the account of the cargo. Any
Tollage, Wharfage, Handling and/or Charges at Port of
Loading in connection with storage, handling and
receipt of cargo before loading on the vessel shall
be for the account of the cargo and if such charges
are assessed against the vessel, the Carrier shall in
turn bill and collect the same charge in its full
amount from the Shipper, provided, however, that the
Carrier in serving a particular port is not required
to provide such service at a higher rate than the
rate charged at the nearest port regularly served by
it.
Any Additional Charges which may be imposed upon the
cargo by Governmental Authorities will be for the
account of the cargo.
18. 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.
19. 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. Cargo shipped in paper bags shall be in
bags of at least four walls of not less than fifty
pounds weight kraft paper each, provided the gross
weight is 100 pounds or less. In the event gross
weight is over 100 pounds, there shall be six walls
of not less than fifty pounds weight kraft paper
each, unless otherwise specifically provided in
individual rate items.
20. 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.
21. 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.
22. 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.
23. STOWAGE OF CONTAINERS
Since it is necessary that Containerized Cargo be
stowed on or under deck at Carrier's option, Bills of
Lading specifically claused to provide under deck
stowage will not be issued for such cargo.
All expenses which may be incurred for Customs
examination either at Port of Loading or at Port of
Dishcarge MUST be paid by the Shipper or Consignee,
or their authorized agents. Materials and labor
required for securing and proper stowage of cargo in
trailer(s) such as lashing, bulk head, cross members,
platforms, dunnage, etc., must be supplied by Shipper
at their expense and Carrier shall not be responsible
for such materials or the return thereof after use.
In any event, the Carrier shall not be liable for any
claim or loss or damage to the goods arising out of
the improper or inadequate mixing, stuffing, tallying
or bracing of the goods within the container.
24. PALLETS, PLATFORMS OR SKIDS
When shipments are tendered on the pallets,
platforms, or skids, Carrier will assess rates and
charges on the actual weight or measurement of cargo
including the pallets, platforms or skids, but not
less than the applicable minimum weight or
measurement requirement in the applicable rate item.
25. 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.
26. 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 Honduras.
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.
27. 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.