RULE: 2.6TV - TVIA - TIME-VOLUME CARGO INSURANCE PROVISIONS & FEES Eff: 07FEB2017
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Effective |
07FEB2017 |
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Filed |
07FEB2017 |
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Filing Codes |
CR |
Control No. 17-01844
As specified in Rule 2.6, the rates and charges named in this Tariff do
NOT include marine or any other cargo insurance maintained for the
benefit of the cargo. However Carrier will automatically provide
cargo insurance at the charge named herein, for the value declared
when the cargo is booked and tendered to the Carrier at origin, when
and only when, the Shipper (or Consignee) has agreed in writing to a
specific Time-Volume Insurance Agreement (TVIA) terms, conditions and
provisions named in this Rule. Except as specifically provided herein,
none of terms, conditions and provisions named in this Rule shall
relieve Shipper or Consignee from the general Insurance terms,
conditions and provisions named in Rule 2.6 of this Tariff.
1. RULES GOVERNING ALL TVIAs: All Time-Volume Insurance Agreements
named in Paragraph 3. below are SBJ to the following provisions:
a. NOTIFICATION OF INTENT TO PARTICIPATE IN THIS TVIA: The Shipper
or Consignee MUST notify the Carrier either in writing or orally
(and then confirmed in writing) that he intends to avail himself
of one of the particular Time-Volume Insurance Agreement provisions
and charges 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 INSURANCE PROVISIONS AND CHARGES: Except as may be
otherwise specifically provided in an individual TLI (web rate
page), the Time-Volume Insurance Provisions and Charges named
herein do NOT alternate with, nor take precedence over, any other
insurance provisions or charges 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 TARIFF ADDITIONAL CHARGES: Except as otherwise
provided in this rule, or in individual TLIs (Web Rate Pages),
shipments subject to any TVIA provisions and charges named herein
are, and will remain, subject to all applicable Rules, Regulations,
Rates, Charges and Surcharges named in this Tariff. Nothing in
this Rule exempts any shipment from any otherwise applicable
non-insurance provisions or charges.
d. AMENDMENT OF TIME-VOLUME INSURANCE PROVISIONS AND RATES: Any TVIA
named in this Rule will NOT be amended, altered or changed in any
way prior to the expiration of the Time-Volume Insurance Agreement,
EXCEPT in accordance with specific provisions authorizing specified
changes in the regulations governing any Time-Volume provisions,
rates and charges.
e. BILL OF LADING NOTATIONS: B/Ls issued covering shipments moving
subject to any Time-Volume Insurance Agreement named in this Rule
MUST be claused in substantially the following manner:
"Time-Volume Insurance Charge per TVIA No. _____ named in Rule
2.6TV of Deluxe Freight, LLC's Tariff No. 001 applicable."
If such clause is inadvertently omitted, Shipper may request that
a correction to the B/L be issued.
f. MAINTENANCE OF SHIPMENT RECORDS: Copies of each B/L and Booking
Notice (including cancelations) will be maintained by the Carrier
for not less than 5 (five) years after the expiration of the
applicable Time-Volume Insurance Agreement named herein, and may be
inspected by the Shipper or his agent 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 then 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 Insurance Agreement named in this Rule will be amended
on lawful notice 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 OF INSURANCE CHARGES ON SHIPMENTS WHEN CARGO MINIMUM IS
NOT MET: If Shipper tenders less than 100% (one-hundred percent) of
the volume of cargo required in the Time-Volume Insurance Agreement
to which the Shipper is a signatory, the following adjustments will
be made - all shipments actually transported will be re-rated at
the otherwise applicable Insurance charge named in Rule 2.6 of this
Tariff that was in effect on the date each shipment was received by
the Carrier. All additional insurance charges are due and payable
immediately upon the expiration of the TVIA shipping period.
2. PROVISIONS OF CARRIER'S TVIA MARINE CARGO INSURANCE: Unless Shipper,
Consignee or their authorized Agent specifically indicates in writing
that cargo insurance on a particular shipment has been waived, the
cargo insurance terms, conditions and charges shown under this
section and in paragraph 3. will be applied and assessed on all cargo
tendered for transportation service by or for any Shipper or
Consignee who is a signatory to a Time-Volume Insurance Agreement,
which charge shall be in addition to all other charges.
a. SBJ to the provisions of paragraph 3., Cargo Insurance, including
"All Risk Insurance" or "F.P.A." (Free from Particular Average)
insurance, and/or war risk insurance will be automatically provided
by Carrier on all cargo tendered for transportation service under
a TVIA named herein and will be SBJ to the applicable Insurance
Charge named below, which charge shall be in addition to all other
applicable charges. Shipper, Consignee or their authorized Agent
may request a copy of the actual terms and conditions of Carrier's
cargo insurance policies in effect on the date of shipment, from
the Carrier at the address provided in Rule 19 of this Tariff.
b. Any Shipper or Consignee (or their authorized Agent) may decline
and waive insurance coverage in writing on any individual shipment
tendered for transportation for the account of the TVIA signatory
Shipper or Consignee, provided such notice is received prior to the
commencement of transportation service by Carrier; in such cases
the Insurance Charge named below will be waived and not assessed.
All cargo volume tendered to Carrier on which insurance coverage
has been waived will still be INCLUDED when calculating whether or
not the TVIA signatory has fulfilled the minimum TVIA quantity
specified in paragraph 3.
c. Shipper, Consignee or their authorized Agent are requested to
complete Carrier's "Instruction on Shipper Insurance" form and
forward such form with the TVIA Letter of Intent. Once signed and
forwarded to the Carrier, Carrier will keep the TVIA Signatory's
"Instruction on Shipper Insurance" form on file with all
documentation maintained to support the fulfillment of the TVIA,
along with all exception requests not to insure. When Shipper,
Consignee or their authorized Agent instructs that a particular
shipment is to be exempted from the general TVIA cargo insurance
instructions, Shipper, Consignee or their authorized Agent must
notify Carrier of such exception in writing (including by email)
prior to the commencement of transportation service.
3. TIME-VOLUME INSURANCE AGREEMENTS:
a. TIME-VOLUME INSURANCE AGREEMENT No. CARPHA021716
i. Minimum Cargo Quantity that must be tendered by Expiration Date
of TVIA: 1010 CFT
ii. Expiration Date of TVIA (Date by which Minimum Quantity must be
tendered to the Carrier): 17 February 2017
iii. INSURANCE CHARGES: Insurance Charge Carrier will assess on all
shipments moving on TVIA No. CARPHA021716 for providing Marine
Cargo Insurance under Carrier's policies:
TYPE OF INSURANCE MIN. CHARGE
PORTS & INSURANCE CHARGE # PER SHIPMENT
POINTS IN: PROVIDED
--------------------------------------------------------------------
FROM/THRU:
Palm Beach, FL ALL TYPES 1.00% ---
TO: Ports in
Grand Cayman, Cayman Islands
--------------------------------------------------------------------
# Insurance Charge applies as a percentage of the declared value
of the goods.
{IR}
b. TIME-VOLUME INSURANCE AGREEMENT No. CARPHA020317
i. Minimum Cargo Quantity that must be tendered by Expiration Date
of TVIA: 2010 CFT
ii. Expiration Date of TVIA (Date by which Minimum Quantity must be
tendered to the Carrier): 3 February 2018
iii. INSURANCE CHARGES: Insurance Charge Carrier will assess on all
shipments moving on TVIA No. CARPHA020317 for providing Marine
Cargo Insurance under Carrier's policies:
TYPE OF INSURANCE MIN. CHARGE
PORTS & INSURANCE CHARGE # PER SHIPMENT
POINTS IN: PROVIDED
--------------------------------------------------------------------
FROM/THRU:
Palm Beach, FL ALL TYPES 1.00% ---
TO: Ports in
Grand Cayman, Cayman Islands
--------------------------------------------------------------------
# Insurance Charge applies as a percentage of the declared value
of the goods.
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