RULE: 28 - DEFINITION OF TERMS USED IN THIS TARIFF Eff: 12JUL2021
Effective | 12JUL2021 |
---|---|
Filed | 12JUL2021 |
Filing Codes | I |
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 charge, as calculated at the specified weight or measurement unit, will be assessed. "BILL OF LADING" - means the 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 the hours of 8:00 AM and 5:00 PM. However, the actual hours observed as "Business Hours" at each individual port, terminal, Rail Ramp, Container Yard or Station shall take precedence if such hours are different. "CARGO, N.O.S." - means articles not otherwise specified in individual commodity items of this tariff. "CARRIER" - means ADP USA Logistics Inc. "CAUTION" - means articles which may be Hazardous and which are subject to the provisions and restrictions named in Rule No. 16 of this Tariff. "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 a container attached, constructed so as to accept the mounting of a demountable trailer body, container or flexi van. "COFC" - means Container-On-Flat-Car rail service, in which Rail Carriers transport containers without Chassis, Bogies or other wheeled assemblies on rail flat cars. "COL" - means a Carrier Owned or Leased Container and over which the Carrier has control by ownership or by acquisition thereof under a lease or rental agreement from a container company or container supplier or other similar sources. "COMMERCIALLY REASONABLE DISPATCH/EFFORTS"- The terms "Commercially Reasonable Dispatch," "Commercially Reasonable Efforts," "Reasonable Dispatch," or "Reasonable Effort" when used in connection with any service, is defined as Carrier's diligent efforts to make prompt arrangements for bookings, pickup or delivery of cargo from/to a customers' business or terminal(s), and/or facilitating the efficient handling, loading and/or unloading of cargo. However, the term EXCLUDES any requirement on the part of the Carrier to 1) pay higher rates or additional charges to any vessel operator or any other transportation service provider to procure priority or expedited loading, unloading and/or booking of cargo with any vessel operator, rail carrier or trucking carrier; or any other arrangement that is reasonably likely to require Carrier to incur additional fees or costs for the purposes of procuring expedited or priority services; or 2) to procure space or service on any particular vessel or with any rail or trucking provider when or where availability is limited or immediately 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 of 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 or platform, vehicle rack or open top type unit without wheels or chassis attached, having a closure (except racks or platforms) or permanently hinged door or removable 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 cargo from containers to make 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 temperatures in a Container designed to maintain a constant temperature. "DAY" - means one twenty-four (24) hour period beginning at 12:01 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 of this Tariff, 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 or 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 for transportation service, requiring delivery of cargo to a different Consignee, delivery to a different address or 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" or "DROP & PULL" - means Carrier's designated Trucker will deliver and then 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 Hazardous Class A, B or 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, weight restrictions and/or other regulations necessary to prevent damage to, or loss of, cargo. "GROSS WEIGHT" - means the total weight of cargo, packaging, pallets, and transporting container in which cargo is transported. "HEEL" - means any material remaining in a Tank Container following unloading, delivery, or discharge of the transported cargo. Heels may also be referred to as container residue, residual materials or residuals. "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-GAUGE" - The term In-Gauge when used to restrict Flat-Bed, Flat-Rack, Open Top or Platform Type Container/Trailer Rates means that the cargo loaded on such equipment does NOT hang over any portion of any side or end 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. "LASHING OR LUSHING" - means the securing, fastening or lashing of cargo on board and ocean vessel in preparation for ocean transportation using devices such as chains, ropes, lines, wires or straps. "LIVE LOAD" or "LIVE UNLOAD" - means Carrier's designated Trucker will deliver a loaded or empty container at Shipper's or Consignee's premises for loading or unloading, and that the Trucker's employee and equipment will remain at the Shipper's or Consignee's premises until the container is loaded or unloaded and is released for further movement. "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, which may or may not be 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, which is NOT classified as "hazardous" by any governmental agency and which is NOT SBJ to the provisions of Rule 16 of 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-GAUGE" - The term Out-of-Gauge when used to restrict Flat-Bed, Flat-Rack, Open Top or Platform Type Container/Trailer Rates means that in some manner the cargo loaded on such equipment either hangs over a portion of any side or end of the Container/Trailer, or that a part of the cargo is greater than 8ft. 6ins. high. (Such shipments 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, NOR 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 or depot 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 such rail carrier. "REASONABLE DISPATCH/EFFORTS" - See Definition of "Commerically Resonable Dispatch/Efforts" herein. "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 a 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. "STUFFING/PACKING, UNSTUFFING/UNPACKING/STRIPPING" - means the physical placing of cargo into, onto or the physical removal of cargo from containers. "TRAILER" - means any wheeled unit designed to contain and 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. "UNLASHING OR UNLUSHING" - means the loosing, unfastening or freeing of cargo from on board an ocean vessel by removing devices such as chains, ropes, lines, wire or straps used to hold cargo in place during ocean transportation. "VOID, VOID SPACE, or CONTAINER VOID" - when used in a TLI named in this Tariff, shall be defined as a vessel's on-board container space that is required to remain empty next to or above a flat rack, platform or open top container laden with out-of-gauge cargo that could otherwise be utilized to transport a container. "WORKING DAY" - except as otherwise provided in individual rules or rate provisions, a Working Day means each calendar day, excepting Saturday, Sundays and Holidays, between 8:00 A.M. and 5:00 P.M.