RULE: 26 - TIME/VOLUME RATES IN FOREIGN COMMERCE Eff: 05JUL2002
| Effective | 05JUL2002 |
|---|---|
| Filed | 05JUL2002 |
| Filing Codes | C |
The Rates and Charges named in the Commodity Descriptions
and TLIs of this Tariff listed below are SBJ to this Rule
and apply when, and ONLY when, the Shipper has guaranteed
tender for transportation the minimum quantity of cargo
that has been specified in such Commodity Description and
TLIs making reference hereto:
Item 346280.9011 - Expires with 31 July 2002
{C} Item 346280.9022 - Expires with 05 August 2002
Item 346280.9031 - Expires with 30 July 2002
Item 346280.9051 - Expires with 30 July 2002
Item 346280.9081 - Expires with 30 July 2002
a. NOTIFICATION OF INTENT TO PARTICIPATE
Eligible Shippers MUST notify Carrier that they intend
to utilize a particular Time Volume Agreement (TVA) rate
published herein PRIOR to tendering any shipments for
transportation.
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 TVAs, or any
provision of this Tariff, the TVA rates named in this
Tariff are SBJ to all applicable Rules, Regulations and
Assessorial Charges specified in this Tariff.
d. AMENDMENT OF TIME-VOLUME RATES
TVA rates SBJ to this Rule will NOT be amended, altered
or changed in any way prior to the expiration of the TVA
rates and provisions, EXCEPT in accordance with specific
provisions authorizing specified changes in the TVA
itself.
e. BILL OF LADING NOTATIONS
B/Ls issued covering shipments moving under the TVA
rates SBJ to this Rule MUST be noted with the
applicable TVA number. If such clause is inadvertently
omitted, Shipper may request that a corrected B/L be
issued.
f. MAINTENANCE OF SHIPMENT RECORDS
Shipment records to be maintained to support application
of the TVA rates provided under each TVA will be copies
of each B/Ls evidencing performance of relavant
transportation service. Carrier will maintain such
records for not less than 5 (five) years after the
expiration of the applicable TVA, 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 by the expiration date of any TVA, the aggregate
minimum volume stipulated has NOT been met by the
Shipper, then the Shipper shall pay the lower of
following: 1-the difference between the TVA minimum and
the actual quantity shipped at the applicable TVA rate;
or 2-all shipments previously tendered shall be re-rated
at the applicable Tariff rate in effect at the time of
such shipment. Such additional freight charges are due
and payable immediately upon the expiration of the TVA
shipping period.