RULE: 26 - TIME/VOLUME RATES - GOVERNING RULES AND PROVISIONS Eff: 03NOV2021
| Effective | 03NOV2021 |
|---|---|
| Filed | 03NOV2021 |
| Filing Codes | C |
Control No. 21-04850
The Rates and Charges named in the Commodity Descriptions
and TLIs of this Tariff which are SBJ to this Rule named
below apply when, and ONLY when, the Shipper has guaranteed
in writing to tender for transportation the minimum
quantity of cargo that has been specified in such Commodity
Description and TLI making reference hereto.
PEV-0121 / Item 002121.0121 - Expires with 9 January 2022
PEV-0221 / Item 002121.0221 - Expires with 13 February 2022
{C}PEV-0321 / Item 002121.0321 - Expires with 3 February 2022
a. NOTIFICATION OF INTENT TO PARTICIPATE
The Shipper MUST notify the Carrier either in writing or orally (and
confirmed in writing) that he intends to utilize a particular
Time-Volume rate published herein PRIOR to tendering any cargo to the
Carrier for transportation. Such notification should include the
commodities to be tendered, the expected weekly or monthly volume, and
the origin and destination of the shipments. All notifications,
questions or inquiries should be addressed to the Carrier at the
address shown in Rule 19 of this Tariff.
b. ALTERNATION OF RATES
Except as may be otherwise specifically provided in an individual TLI
SBJ to this Rule, the Time-Volume rates SBJ hereto do NOT alternate
with any other rate(s) named in this Tariff, or in any other Tariff
lawfully filed with the Federal Maritime Commission, that applies on
the same commodity, from and to the same ports and/or points, in the
same shipping form.
c. APPLICATION OF ADDITIONAL CHARGES
Unless otherwise provided in individual TLIs or any provision of this
Tariff, the Time-Volume rates named in this Tariff which are SBJ to
this Rule are SBJ to all applicable Rules, Regulations and Assessorial
Charges specified in this Tariff.
d. AMENDMENT OF TIME-VOLUME RATES
Time-Volume rates SBJ to this Rule will NOT be amended, altered or
changed in any way prior to the expiration of the Time-Volume rates and
provisions, EXCEPT in accordance with specific provisions authorizing
specified changes in the Time-Volume TLI.
e. BILL OF LADING NOTATION
B/Ls issued covering shipments moving under the Time-Volume rates SBJ
to this Rule MUST be claused in substantially the following manner:
" Time-Volume rate per Item ___ (here specify) named in Caribtrans
Logistics, LLC's Tariff Section 001 applicable."
If such clause is inadvertently omitted, Shipper may
request that a corrected B/L be issued.
f. MAINTENANCE OF SHIPMENT RECORDS
Copies of each B/L and Booking Notice (including cancelations) will be
maintained by Carrier for not less than 5 (five) years after the
expiration of the applicable Time-Volume TLI, and may be inspected by
the Shipper upon request.
g. FORCE MAJEURE OR CANCELATION/DISRUPTION IN SERVICE
In the event of Force Majeure or other emergency conditions which cause
a disruption in the Carrier's service or the Shipper's (or Consignee's)
ability to tender or receive shipments on a regular basis, the time
period for the Shipper to satisfy the minimum volume of cargo required
in the applicable Time-Volume TLI to which the Shipper is a signatory,
will be extended by the same number of days such Force Majeure or
emergency conditions remain in effect. "Force Majeure" or "Emergency
Conditions" are defined as situations such as strikes or other work
stoppages, sabotage, fires, marine disasters, Acts of God or the Public
Enemy, Rail derailments, rebellion, hostilities, or any other such
events or causes which are beyond the control of the Carrier or the
Shipper. The party invoking the provisions of this Item, because the
conditions described above have occurred, shall notify the other party
immediately in writing (or orally and confirmed in writing), and shall
include in such notification the nature, extent and expected duration
of such conditions. Once normal operations have been resumed, Carrier
will notify Shipper, in writing, of the new date by which the minimum
cargo volume must be satisfied, and the Time-Volume TLIs SBJ to this
Rule will be amended on lawful notice with the Federal Maritime
Commission to reflect the new expiration date.
h. CARGO SHUT OUT
If for any reason Carrier cannot accept, handle or transport Shipper's
cargo when tendered for transportation, Carrier will provide Shipper
with a declined booking statement, and all cargo volume that was shut
out or declined by Carrier will be INCLUDED in the calculation of cargo
volume when determining if the Time-Volume minimum has been met or
exceeded.
i. RE-RATING SHIPMENTS FOR NON-FULFILLMENT OF CARGO MINIMUM
If Shipper tenders less than 100% (one-hundred percent) of the volume
of cargo required in the Time-Volume TLI to which the Shipper is a
signatory the following rate adjustments will be made - all shipments
actually transported will be rerated at the otherwise applicable Tariff
rate in effect on the date each shipment was received by the Carrier.
Such additional freight charges are due and payable immediately upon
the expiration of the Time-Volume shipping period.
