RULE: 7 - PROVISIONS GOVERNING THE PAYMENT OF FREIGHT CHARGES Eff: 04JUN2014
| Effective | 04JUN2014 |
|---|---|
| Filed | 04JUN2014 |
| Filing Codes | IC |
Freight charges, assessorial charges, surcharges or other charges named
in this Tariff, or in NRAs, or Rate TLIs, governed by this Tariff,
including advanced charges may be prepaid or collect (See Note 1) at
origin or destination, SBJ to the provisions named in this Rule.
However, regardless of whether B/L payment status is prepaid or collect,
the Shipper, his duly authorized Freight Forwarder or Agent, the
Consignee and the Beneficial Cargo Owner shall be, and will remain,
jointly and severally liable for all unpaid charges and freight,
including, but not limited to, any sums advanced or disbursed by the
Carrier for the account of the cargo.
NOTE 1: Shipments of the following commodities MUST be PREPAID in all
instances: Household Goods and Personal Effects.
a. All Freight and additional Charges named in this Tariff, or in
NRAs, or Rate Tariff TLIs, SBJ to this Tariff, are due and
considered earned upon receipt of the cargo by the originating
Carrier, or his agent, and shall be paid to the carrier without
discount or deduction, whether the Ship and/or Cargo is lost or not
lost, transportation is interrupted or abandoned, whether the Cargo
is damaged or ruined, or whether packages or containers are delivered
empty or partly empty at destination.
b. Rates and Charges named in this Tariff, or in NRAs, or in Rate Tariff
TLIs, SBJ to this Tariff are quoted in U.S. Currency, unless
otherwise noted, and have been determined with due consideration to
the relationship of U.S. Currency to any other currencies involved.
In the event of any material deterioration in the exchange value of
U.S. Currency, the Carrier reserves the right, upon publication in
this Tariff, to adjust the charges named in this Tariff, or to
change the rates named in any Rate Tariff SBJ hereto to remove any
adverse effect in conformity with the U.S. Shipping Act of 1984, as
amended, and SBJ to the regulations of the Federal Maritime
Commission issued pursuant thereto. Rates named in NRAs SBJ hereto
may not, and will not, be amended in any way pursuant to FMC
regulations governing NRAs.
c. When Freight and other Charges named in this Tariff, or in NRAs, or
Rate Tariff TLIs, SBJ to this Tariff, are paid in foreign countries,
Carrier will accept payment in a foreign currency provided it is
freely convertible. When payment is effected in other than U.S.
Currency, currency conversion shall be calculated on the basis of
the highest official bank selling rate of exchange as quoted on the
official exchange for the currency involved on the day shipment is
tendered to the originating Carrier.
d. The payment status of any B/L may NOT be changed or altered once
transportation service of Cargo has commenced (e.g. "prepaid"
shipments cannot be changed to "collect" shipments and likewise
"collect" shipments cannot be changed to "prepaid" shipments)
without the express approval of the Carrier.
e. Carrier or its duly authorized Agent, will, upon request of the
Shipper, Freight Forwarder, Consignee or Beneficial Cargo Owner,
extend credit to the party listed in the B/L as responsible for the
payment of Freight and Charges, in amounts not to exceed Freight,
Assessorials, Terminal and/or Advanced Charges. The credit period
shall be 30 (thirty) days from the date of delivery of Cargo in the
case of collect shipments or from the date Cargo is tendered to
originating Carrier in the case of prepaid shipments.
If Freight or other Charges are NOT paid within the credit period
specified herein, the Carrier will cancel the delinquent party's
credit privileges after which time ALL Freight and Assessorial
Charges applying on shipments moving for the account of such party
MUST be paid in cash, cashier's check or money order at the time, or
prior to the time, Cargo is tendered to originating Carrier for
transportation.
If any party responsible for the payment of charges fails or refuses
to pay lawful Freight and/or other Charges due as specified above,
the Carrier shall be entitled to recover all collection costs
incurred, including but not limited to, reasonable collection agency
fees, attorneys' fees and court costs.
