RULE: 28 - DEFINITIONS OF TERMS USED IN THIS TARIFF Eff: 13JUL2021
| Effective | 13JUL2021 |
|---|---|
| Filed | 13JUL2021 |
| Filing Codes | C |
The Terms listed below will be defined and used as follows
in this Tariff:
"AS FREIGHTED" - means that the greater amount of the ocean freight or
additional charge calculated at the specified weight or measurement
unit (See Rule 2.2) will be assessed.
"BILL OF LADING" - means shipment contract of Affreightment
covering one shipment from one Shipper to one Consignee.
"BUSINESS HOURS" - means that period of each calendar day
except Saturdays, Sundays or Holidays, between 8:00 AM and
5:00 PM. However the practice of each individual port,
terminal, Rail Ramp, Container Yard or Station shall
prevail.
"CARGO, N.O.S." - means articles not otherwise specified in
individual commodity items of this tariff
"CARRIER" - means UPS Ocean Freight Services, Inc.; or UPS Europe
SRL; or UPS Asia Group Pte. Ltd.
"CAUTION" - means articles which may be subject to Rule No.
16 of Tariff.
"CHARGE OR SURCHARGE" - means an additional charge provided in a Rule
named in this Tariff, or in a Rule in a Tariff Rate Section governed
by this Tariff, which is assessed by UPS to cover a specifically named
cost or service not included in the Ocean Freight charges. Charges or
Surcharges will be calculated by multiplying the size of the shipment
by the applicable charge (i.e. a shipment of 3 cbms SBJ to a Bunker
Surcharge of US$25.00 per cbm produces a total Bunker Surcharge of
US$75.00 which charge shall be in addition to the Ocean Freight Charge).
Or a shipment of two 20 ft. dry containers SBJ to a Bunker Surcharge
of US$150.00 PC20 produces a total Bunker Surcharge of US$300.00 per
shipment, which charge shall be in addition to the Ocean Freight
Charge.)
"CHARITABLE AND/OR RELIEF GOODS" - The term Charitable
and/or Relief Goods as used in this Tariff means cargo
that is composed of materials, equipment, supplies and
medicines NOT for resale for use by Charitable non-profit
or government agencies or organizations engaged in
welfare, medical, educational or sheltering activities
and/or engaged in the construction, building or
renovation of housing, medical or other philanthropic
related facilities.
"CHASSIS" - means a wheeled assembly, with or without
container attached, constructed to accept mounting of a
demountable trailer body, container or flexivan.
"COFC" - means Container On Flat Car for transportation by
Rail Carriers on Flat Cars without Chassis, Bogies or
other wheeled assemblies.
"COL" - means Carrier Owned or Leased Container and over
which the Carrier has control by ownership or by
acquisition thereof under lease or rental from a
container company or container supplier or other similar
sources.
{C}
"COMMERCIALLY REASONABLE EFFORTS," "COMMERCIALLY REASONABLE," "REASONABLE
DISPATCH," "REASONALBLE EFFORT," or "COMMERCIALLY REASONABLE EFFORT" - is
defined, for any service level, as diligent efforts by the Carrier to make
prompt arrangements for bookings, delivery of cargo to terminal, and to
facilitate efficient handling and loading. However, this "commerically
reasonable efforts" (et.al.) obligation expressly excludes any requirement
of Carrier to 1) pay higher rates or additional charges to the vessel
operator or any other provider to procure priority or expedited loading or
book cargo with the vessel operator under any vessel operator service
level or other arrangement reasonably likely to require Carrier to incur
additional fees or costs primarily for the purposes of procuring expedited
or priority loading; or 2) procure space where availability is limited or
unavailable.
"CONSIGNOR, CONSIGNEE or SHIPPER" - The terms Consignor,
Consignee or Shipper INCLUDES all authorized
representatives or agents of such Consignor, Consignee or
Shipper.
"Consignee" - means the person, firm or corporation shown
on the Bill of Lading as the receiver or the property
transported by Carrier at destination.
"Consignor" - means the person, firm or corporation shown
on the Bill of Lading as the Shipper of the property
received by the Carrier for transportation at origin.
"Shipper" - means the person, firm or corporation shown on
the shipping documents as the party tendering the cargo
received by the Carrier for transportation.
"CONTAINER" - The term Container as used in this Tariff
means, regardless of ownership, any freight-carrying
single, rigid, non-disposable dry cargo, ventilated,
insulated, mechanically refrigerated or heated, portable
liquid or dry tank, flat rack, vehicle rack or open top
unit without wheels or chassis attached, having a closure
(except racks) or permanently hinged door or removalable
top, that allows ready access to interior for loading or
unloading of cargo which has been designed to transport
cargo by different modes of transportation. Such term
does NOT include crates, boxes or pallets. All types of
containers must have construction, standardized fittings
and fastenings able to withstand, without permanent
distortion, all the normal stresses that may be applied in
the normal service use of continuous transportation. A
container may be of any height or length as defined in
this Tariff. Except as may be otherwise specifically
provided the term "Trailer" when used in this Tariff
shall be synonymous with and interchangeable with the
term "Container."
"CONTAINER FREIGHT STATION" [See "S" Service Rule 2.1] -
The term Container Freight Station means a facility or
terminal at origin where break bulk, packaged or
palletized cargo is tendered to the Carrier by Shippers
for containerization and transportation, and/or the
facilities or terminal at destination where the Carrier
unloads and strips containers and makes break bulk,
packaged or palletized cargo available to Consignee for
Consignee pickup.
"CONTAINER YARD" [See "Y" Service Rule 2.1] - The term
Container Yard means the facilities or terminal provided
or utilized by the Carrier, where empty or loaded
containers are tendered to, received from and/or
interchanged with the Carrier, and includes any
underlying VOCC container yard facilities authorized by
the Carrier.
"CONTROLLED TEMPERATURE" - means the maintenance of a
specific temperature or range of temperature in a
Container.
"DAY" - means one twenty-four (24) hour period beginning at
12:00 AM.
"DELIVERY SERVICE" - The term Delivery Service means the
service performed or provided by the Carrier in
transporting and delivering cargo to a platform, sidewalk,
doorway, or shipping room directly accessible to an
over-the-road vehicle at Consignee's premises. Delivery
Service does NOT include the delivery of cargo to
basements, floors or interior areas not directly
accessible to over-the-road vehicles, NOR does it include
unpacking, erecting, inspection of property or any other
such similar services.
"DIPLOMATIC CARGO," "EMBASSY CARGO" or "GOVERNMENTAL
CARGO" - When the term Diplomatic Cargo, Embassy Cargo or
Governmental Cargo is used in a Commodity Description,
rates named under such heading shall apply ONLY 1) for
the account of a Diplomat or Embassy Official, OR 2) on
cargo originating at or destined to a named Embassy,
Diplomatic Office, Military Facility or Governmental
Ministry Office, OR 3) for the account of a named
Government or Government Department/Ministry, OR 4) for
the account of a named United Nations Organization or
Agency, OR 5) for the account of a Government Sponsored
Agency. Such cargo must be certified by Shipper as not
for re-sale or other commercial uses.
"DIVERSION" - The term Diversion means a change in the
original B/L instructions, made after cargo has been
tendered to the Carrier, requiring delivery of cargo to a
different Consignee, at a different address or to a
different destination, a change in the required routing
of a shipment and/or any other change in the shipping
orders and instructions which requires Carrier to perform
or provide additional transportation service to effect
delivery of cargo at ultimate destination.
"DOOR" [See "D" Service Rule 2.1] - The term Door means a
Shipper's, Consignor's or Consignee's receiving and
shipping premises (i.e. a platform, doorway or shipping
dock directly accessible to a highway vehicle and
Carrier's container).
"DROP OFF" or "DROP & PICK" - means Carrier's designated
Trucker will deliver and leave an empty or loaded
container at Shipper's or Consignee's premises for
loading or unloading and then return later to pickup
the loaded or empty container to return that container
to the designated Container Yard or Rail Ramp.
"DRY CARGO" - means cargo other than that requiring
atmospheric and/or temperature control, or Bulk Cargo.
"EXPLOSIVE CARGO" - means cargo falling within Class A, B
and C explosives as defined in Rule 16 of Tariff.
"FULL VISIBLE CAPACITY" - The term Full Visible Capacity,
when used in connection with container provisions, rules
or rates, means that no more of the same type of cargo
can be loaded into or on the transporting container or
other carrying equipment consistent with safety
precautions and regulations necessary to prevent damage
to, or loss of, cargo.
"HOLIDAY" - means any day designated as a full holiday by
any National, State or Local government by statute or by
local proclamation on which service to the Shipping Public
is not available.
"IN-GUAGE" - The term In-Gauge when used to restrict
Flat-Bed, Flat-Rack, Open Top or Platform
Container/Trailer Rates means that the cargo loaded on
such equipment does NOT hang over any portion of the
sides or ends of the Container/Trailer, and further that
no part of the cargo is greater than 8 ft. 6 ins. high.
"IN PACKAGES or PACKAGES" - shall include any shipping form
other than in bulk, loose, in glass or earthenware or on
pallets or skids.
"KILO TON" - means 1000 Kilos.
"KNOCKED DOWN (KD)" - means that an article has been taken
apart, folded or telescoped in such a manner as to reduce
its bulk at lease 33 1/3 percent from its normal shipping
cubage when set up or assembled.
"LABEL CARGO" - means cargo requiring White, Yellow, Red,
Red Gas, Green Gas, Poison Gas and Tear Gas labels as
required by governmental regulation. See Rule No. 16 of
Tariff.
"MERCHANT" - means and includes Consignor, Shipper,
Consignee, the Receiver of the Goods, a Person/Party
(including any Corporation, Company or other legal Entity
owning or entitled to the possession of the Goods), or
any person or party acting as agent for or on behalf of
such entity.
"MIXED SHIPMENT" - means a shipment consisting of two or
more distinct commodities and/or articles described in and
rated under two or more rate items of this Tariff.
"NON-HAZARDOUS" - means non-label cargo which is permitted
stowage between decks or under deck (other than Magazine)
under C.F.R. Title 46 - Shipping, as amended, and such
cargo that is so classified under the provisions of Tariff
Rule 16 or this Tariff.
"OCEAN FREIGHT CHARGE" - means the sum of charges calculated at the
applicable ocean Rate named in a TLI in a Rate Tariff Section subject
to this Tariff times the size of the shipment (i.e. a shipment of 3
cbms SBJ to a TLI Rate of US$100.00 per cbm produces a sum total Ocean
Freight Charge of US$300.00 for the shipment. A shipment of two 20
ft. dry containers SBJ to a TLI Rate of US$ 1500.00 PC20 produces a
total Ocean Freight charge of US$3000.00 per shipment). The Ocean
Freight Charge may, or may not, be subject to any additional Charges
or Surcharges named in the Rules of this Governing Rules Tariff or in
the Tariff Rate Section governed by this Tariff.
"ONE COMMODITY" - The term One Commodity indicates any and
all of the articles described in a single rate Item of
this Tariff.
"OUT-OF-GUAGE" - The term Out-of-Gauge when used to
restrict Flad-Bed, Flat-Rack, Open Top or Platform
Container/Trailer Rates means that in some manner the
cargo loaded on such equipment either hangs over a
portion of the sides or ends of the Container/Trailer, or
that a part of the cargo is greater than 8ft. 6ins. high.
(Such shipment may be SBJ to applicable Extra Length,
Height or Width Charges.)
"PICKUP SERVICE" - The term Pickup Service means the
service performed or provided by the Carrier in calling
for cargo at a platform, sidewalk, doorway, or shipping
room directly accessible to an over-the-road vehicle at
Shipper's premises. Pickup Service does NOT include the
removal of cargo from basements, floors or interior areas
not directly accessible to over-the-road vehicles, OR
does it include packing, dismantling, inspection of
property or any other such similar services.
"POINT" - The term Point means a particular city, town,
village, community or other area which is treated as a
geographic unit for the application of rates. "POINT"
(i.e. Port-to-Point, Point-to-Point, Point-to-Port) RATES
named in this Tariff are applicable From/To Inland Points
which lie beyond port terminal areas. Accordingly, any
city and associated state/province, country, U.S. ZIP
code, or U.S. ZIP code range, which lies beyond port
terminal areas are deemed inland points. (A city may
share the name of a port: the immediate ship-side and
designated terminal area is the port, but the rest of the
city is considered an inland point.)
"PLACE" - means a particular street address or other
designation of a factory, store, warehouse, place of
business, private residence, construction camp or the
like at a point.
"PROJECT CARGO" - The term Project Cargo means cargo that
includes materials, equipment and supplies employed in the
construction, development or supply of a named facility
used for a major governmental, charitable, manufacturing,
resource exploration/exploitation, public utility or
public service purpose, including disaster relief
projects. No materials, equipment or supplies covered
under a Project Cargo Rate named in this Tariff shall be
transported for the purpose of resale or other commercial
distribution.
A clause reading substantially as follows shall appear
on all B/Ls pertaining to project rates: " All materials
included in this B/L are of a wholly proprietary nature
and shall not be resold or otherwise commercially
distributed at destination."
"PROPORTIONAL" - The term Proportional, when used in
connection with a Rate, Rule, Charge, Provision or
Accessorial Charge, means a provision whose application is
restricted to shipments of cargo having an immediate prior
or immediate subsequent movement, via any transportation
mode, from or to a named port, point or location group.
The term immediate as used herein means either: that no
other thru or line haul transportation service, other than
the transportation service from the specified origin,
occurs prior to Carrier's receipt of cargo at origin; or
that no other thru or line haul transportation service,
other than the transportation service to the specified
destination, occurs subsequent to Carrier's tendering
cargo to on-carrier at destination.
"RAIL RAMP" [See "R" Service Rule 2.1] - The term Rail Ramp
means the Trailer-On-Flat-Car (TOFC) or
Container-On-Flat-Car (COFC) facility or terminal of a
rail carrier where loaded or empty containers are
tendered to, received from or interchanged with rail
carriers.
"RATE" - See "TLI Rate"
"RECONSIGNMENT" - The term Reconsignment means any change
in the original B/L instructions, made after cargo has
been tendered to the Carrier, requiring delivery of cargo
to a different Consignee, at a different address or to a
different destination, which requires Carrier to perform
or provide additional transportation service to effect
delivery of cargo at ultimate destination, or that
requires an amendment to, or the reissue of, the B/L or
other shipping documents prior to delivery at ultimate
destination.
"REVENUE TON" - means one weight ton or one measurement
ton, as freight charges are assessed, SBJ to Rule 2 and
its Sub-Rules.
"SHIPMENT" - Except as otherwise specifically provided in
this Tariff, a shipment means a quantity of freight
tendered to the Carrier by 1 (one) Shipper, at 1 (one)
port or point of origin, at 1 (one) time, transported on
1 (one) B/L, for delivery to 1 (one) Consignee, at 1
(one) destination port or point for which a single
shipping document has been issued.
"SITE" - means a particular platform or specific location
for loading or unloading at a place.
"SOL" - means Shipper Owned or Leased Container and over
which the Shipper has control by ownership or by
acquisition thereof under lease or rental from a container
company or container supplier or other similar sources.
"SURCHARGE" - See "Charge or Surcharge"
"STUFFING/PACKING, UNSTUFFING/UNPACKING" - means the
physical placing of cargo into or the physical removal of
cargo from containers.
"TLI RATE" or "RATE" - means the numeric amount stated under the column
heading "Rate" on a web rate page of a Tariff Rate Section subject to
this Governing Rules Tariff. Additionally every Rate on a web page
will specify the Currency in which the Rate amount is stated directly
to the right of the Rate amount under the same column heading. Every
Rate has been quoted to apply for a specific volume of cargo which will
be stated under the column heading "Basis" on a web rate page of a
Tariff Rate Section subject to this Governing Rules Tariff; for
definitions of each basis see Rule 2.2.
"TRAILER" - means any wheeled unit designed to convey
cargo. Used interchangeably with Container, see above.
"TRUCK" - means any vehicle propelled or drawn by a single
mechanical power unit and used on the highways for the
transportation of cargo.
"WORKING DAY" - means each calendar day, excepting
Saturday, Sundays and Holidays, between 8:00 A.M. and 5:00
P.M.
