RULE: 2.41 - RATE APPLICATION RESTRICTIONS & ASSESSMENT OF PORT CHARGES Eff: 25SEP2009

Effective 25SEP2009
Filed 25SEP2009
Filing Codes C

a. Except as otherwise specifically provided in the Rules
   of this Tariff or in individual TLIs, rates named in
   this Tariff applying from, to or through the U.S. or
   foreign Ports named in Rule Series 1.1 and 1.3 do NOT
   include tollage, lighterage, terminal handling,
   wharfage, landing charges, storage, taxes, duties, dues,
   customs charges or any other assessorial charges or
   assessments which have been established by custom of the
   Port, by Port Operators or Authorities or by national
   Customs Services (except as otherwise provided in Rule
   Series 1.2 and 1.4 of the Tariff rate sections to this
   Tariff).  All such assessorial charges assessed against
   the cargo will be for the account of the Cargo, even if
   the Carrier is responsible for the collection thereof.
   
b. Any and all additional charges which may be imposed on
   or assessed against the Cargo by any Governmental
   Authority shall be for the account of the cargo.
    
c. Carrier is NOT obligated to transport cargo in any
   particular container or type of container or equipment,
   except as specified in individual TLIs of this Tariff,
   or in conformity with Rule 16.  Further, except as
   otherwise provided below in paragraph j. below, Carrier
   is not obligated to transport cargo via any particular
   vessel, ocean, water, rail, motor or air carrier, or in
   time for any particular market or otherwise than with
   reasonable dispatch and due diligence.  Selection of any
   underlying or inland carrier to be used for any portion 
   of the through transportation of cargo shall be at the
   sole discretion of the Carrier.
    
d. Except as otherwise provided, when rates named in this
   Tariff 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 Customs Entry, the Import/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.
    
e. All rates named in this Tariff, except where predicated 
   on specifically lower values, or on an Ad Valorem basis,
   are SBJ to the B/L Limit of Value named in Rule 8.
          
f. Except when advertising matter and premiums are shipped
   in the same package or container with the commodity it
   advertises, any package or container containing more
   than 1 (one) commodity will be rated on the basis of the
   highest rated article in the package or container,
   UNLESS a specific Tariff Rate Item has been posted to
   cover the mixture in the package or container.
     
g. Rates named in this Tariff apply ONLY to the specific
   commodity(s) named and CANNOT be applied to analogous
   commodities.  Further, unless a rate commodity
   description specifically names a particular commodity,
   the Generic, N.O.S., Dangerous/Hazardous Cargo, N.O.S.,
   Refrigerated Cargo, N.O.S. or Cargo, N.O.S. rate will
   apply.
    
h. In the absence of a specific matching commodity
   description in this Tariff, when a commodity can
   properly be carried under, and freight charges assessed
   under, more than a single Tariff Item's commodity
   description, freight charges shall be assessed on the
   rate based on the commodity itself rather than a rate
   based on the properties of such commodity.  Eg: Rubber
   Gloves would be rated at under "Gloves, N.O.S." rather
   than "Rubber Articles, N.O.S."
    
i. When two or more rates could be applicable to a given
   shipment and one rate is more specific than the others,
   the specific rate will apply: i.e., Canned Pineapple is
   more specific than Canned Fruit; and a destination of
   New York is more specific than a rate to East Coast
   Ports.
     
j. When a commodity description listed in this Tariff
   utilizes the conjunction term "and," rates named in each
   specific TLI under such description will apply ONLY on
   mixed shipments of 2 or more of the commodities listed
   in such description.  When a commodity description
   listed in this Tariff utilizes the conjunction term
   "or," rates named in each specific TLi under such
   description will apply ONLY on straight shipments of the
   commodities named in such description.  When a commodity
   description listed in this Tariff utilizes the
   conjunction terms "and/or," the rates named in each
   specific TLI under such description will apply on
   straight or mixed shipments of the commodities named
   therein.
    
k. Except when a specific mixture requirement is included
   in a Tariff Commodity Description, any shipment
   comprised of 2 (two) or more articles will NOT be SBJ to
   a limitation of a maximum percentage, weight or volume
   amount that any single article may occupy in the
   shipment.
     
l. Whenever a rate is provided for a specific commodity,
   the same rate will also apply on parts of such commodity
   where so described in the B/L, EXCEPT and unless a
   specific rate is provided for such parts.

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