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.

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