RULE: 2.6 - INSURANCE & CONSULAR/CUSTOMS DUTIES & FEES (SERVICE CHARGE) Eff: 23FEB2015
| Effective | 23FEB2015 |
|---|---|
| Filed | 23FEB2015 |
| Filing Codes | IC |
Except as otherwise provided, rates and charges named in this Tariff do
NOT include marine or any other cargo insurance maintained for the
benefit of the cargo, NOR do they include any Consular or Customs
Duties, Fees or Clearance Charges.
1. CONSULAR AND/OR CUSTOMS DUTIES & FEES:
a. The Shipper, Consignee, or their authorized Agent shall be and
will remain severally and jointly liable for all Consular and/or
Customs Duties and/or Fees, along with all Customs Clearance
Charges assessed upon the arrival of the cargo at destination or
POD. Cargo which cannot be cleared through Customs for any reason
whatsoever, will be stored and/or warehoused by the Carrier at
the risk and expense of the cargo, OR, returned to origin upon
Shipper's instructions, OR, turned over to Customs Authorities
without any further responsibility or liability on the part of
the Carrier.
b. Any damage, deterioration or loss of cargo, and any fine imposed
by Customs Authorities or other legal authorities at destination,
as a result of Shipper's, Consignee's or their authorized Agent's
failure to comply with Customs or Consular regulations or
requirements, or as a result of any errors or omissions in
documentation or shipping information/instructions supplied to
Carrier, shall be for the account of the cargo.
2. MARINE CARGO INSURANCE: Unless Shipper, Consignee or their
authorized Agent specifically indicates in writing (or verbally
followed by a confirmation in writing) that cargo insurance on a
shipment is desired or required, no cargo insurance of any type
will be provided on any shipment moving on the terms, conditions
and rates named in this Tariff and in the Carrier's B/L.
a. INSURANCE ARRANGED BY CARRIER: When specifically requested in
writing, Carrier will make every reasonable effort to obtain
Marine, Theft or other Insurance upon the cargo. Instructions to
insure Cargo MUST be made sufficiently in advance of shipment to
permit Carrier to obtain or arrange for insurance before cargo
is ready to commence transportation service from Origin.
Additionally, Shipper MUST indicate in their request to insure
the type and amount of insurance to be placed. Carrier does not,
indeed cannot, guarantee insurance of the type and in the amount
requested will be obtained. Carrier shall be free to utilize one
or more insurance companies to provide the specific type and
amount of insurance desired. Any Carrier obtained insurance
shall be strictly governed by the insurance certificate or policy
terms and conditions issued by the insurer; will be effective ONLY
when accepted by the insurance company or their underwriters; and
will be effective ONLY upon Shipper;s written agreement to the
terms, conditions and charges for such insurance.
b. Shipper, Consignee and/or their agent shall be jointly and
severally responsible for the payment of any and all insurance
premiums due for insurance coverage placed. Carrier shall provide
Shipper with a separate quotation for, and will indicate as a
separate line item on its invoice, insurance premiums and charges.
Additionally Carrier will assess an insurance arrangement/handling
fee equal to 20% (twenty percent) of the total insurance premium
and charges.
c. If for any reason whatsoever, insurer disputes its liability for
any portion of a claim for damage, theft or other reason, the
Shipper's only recourse shall be against the insurer. Carrier
does not undertake, nor will it accept, any responsibility or
liability for any damage claims above and beyond its liability
shown in Rule 8 (B/L Terms and Conditions), notwithstanding if the
premium on the insurance is paid directly by the Carrier, nor if
the insurance policy is issued in Carrier's name.
d. Insurance coverage will not apply on cargo held at a warehouse,
terminal, container yard or other location, unless Carrier's
written instructions to obtain insurance, includes insurance
coverage in such situations.
3. INSURANCE ARRANGED BY SHIPPER: If Shipper arranges insurance
coverage under a policy or certificate obtained directly by Shipper,
Carrier will request copies of such insurance policy(s) to ensure
the kind and amount of insurance covered under the policy is
sufficient to cover the cargo during through transportation. If
for any reason whatsoever, insurer disputes its liability for any
portion of a claim for damage, theft or other reason, the Shipper's
only recourse shall be against the insurer. Carrier does not
undertake, nor will it accept, any responsibility or liability for
any damage claims above and beyond its liability shown in Rule 8
(B/L Terms and Conditions).
4. NO CARGO INSURANCE ARRANGED OR PROVIDED: If a Shipper elects not to
secure any cargo insurance on the shipment, the Shipper does so at
its own risk. Carrier does not undertake, nor will it accept, any
responsibility or liability for any damage claims above and beyond
its liability shown in Rule 8 (B/L Terms and Conditions).
