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.
