RULE: 28 - DEFINITIONS Eff: 08OCT2010

Effective 08OCT2010
Filed 08OCT2010
Filing Codes I

The Terms listed below will be defined and used as follows
in this Tariff:
     
  "CARGO, N.O.S." - means articles not otherwise specified
   in individual commodity items of this tariff
    
  "CAUTION" - means articles which may be subject to Rule
   No. 16 of Tariff.
     
  "CHARITABLE AND/OR RELIEF GOODS" - The term Charitable
   and/or Relief Goods as used in this Tariff means cargo
   that is composed of materials, equipment, supplies and
   medicines NOT for resale for use by Charitable
   non-profit or government agencies or organizations
   engaged in welfare, medical, educational or sheltering
   activities and/or engaged in the construction, building
   or renovation of housing, medical or other philanthropic
   related facilities.
    
  "CONSIGNOR, CONSIGNEE or SHIPPER" - The terms Consignor,
   Consignee or Shipper INCLUDES all authorized
   representatives or agents of such Consignor, Consignee
   or Shipper.
     
  "CONTAINER" - The term Container as used in this Tariff
   means, regardless of ownership, any single, rigid,
   non-disposable dry cargo, ventilated, insulated,
   mechanically refrigerated or heated, portable liquid or
   dry tank, flat rack, vehicle rack or open top container
   without wheels or chassis attached, having a closure
   (except racks) or permanently hinged door, that allows
   ready access to interior for loading or unloading of
   cargo. All types of containers will have construction,
   fittings and fastenings able to withstand, without
   permanent distortion, all the stresses that may be
   applied in the normal service use of continuous
   transportation.  The term "Trailer" when used in this
   Tariff shall be synonymous with and interchangeable with
   the term "Container."
     
  "CONTAINER FREIGHT STATION" [See "S" Service Rule 2.1] -
   The term Container Freight Station means a facility or
   terminal at origin where breakbulk or packaged cargo is
   tendered to the Carrier by Shippers for containerization
   and transportation, and/or the facilities or terminal at
   destination where the Carrier unloads and strips
   containers and makes breakbulk of packaged cargo
   available to Consignee for Consignee pickup.
     
  "CONTAINER YARD" [See "Y" Service Rule 2.1] - The term
   Container Yard means the facilities or terminal provided
   or utilized by the Carrier, where empty and loaded
   containers are tendered to, received from and/or
   interchanged with the Carrier, and includes any
   underlying VOCC container yard facilities authorized by
   the Carrier.
     
  "DIPLOMATIC CARGO," "EMBASSY CARGO" or "GOVERNMENTAL
   CARGO" - When the term Diplomatic Cargo, Embassy Cargo or
   Governmental Cargo is used in a Commodity Description,
   rates named under such heading shall apply ONLY 1) for
   the account of a Diplomat or Embassy Official, OR 2) on
   cargo originating at or destined to a named Embassy,
   Diplomatic Office, Military Facility or Governmental
   Ministry Office, OR 3) for the account of a named
   Government or Government Department/Ministry, OR 4) for
   the account of a named United Nations Organization or
   Agency, OR 5) for the account of a Government Sponsored
   Agency.  Such cargo must be certified by Shipper as not
   for re-sale or other commercial uses.
    
  "DELIVERY SERVICE" - The term Delivery Service means the
   service performed or provided by the Carrier in
   transporting and delivering cargo to a platform,
   sidewalk, doorway, or shipping room directly accessible
   to an over-the-road vehicle at Consignee's premises.
   Delivery Service does NOT include the delivery of cargo
   to basements, floors or interior areas not directly
   accessible to over-the-road vehicles, NOR does it
   include unpacking, erecting, inspection of property or
   any other such similar services.
     
  "DIVERSION" - The term Diversion means a change in the
   original B/L instructions, made after cargo has been
   tendered to the Carrier, requiring delivery of cargo to
   a different Consignee, at a different address or to a
   different destination, a change in the required routing
   of a shipment and/or any other change in the shipping
   orders and instructions which requires Carrier to
   perform or provide additional transportation service to
   effect delivery of cargo at ultimate destination.
     
  "DOOR" [See "D" Service Rule 2.1] - The term Door means a
   Shipper's, Consignor's or Consignee's receiving and
   shipping premises (i.e. a platform, doorway or shipping
   dock directly accessible to a highway vehicle and
   Carrier's container).
     
  "DROP AND PULL" - means Carrier's Trucker will deliver
   and leave an empty or loaded container at Shipper's or
   Consignee's premises for loading or unloading and then
   return later to pickup the loaded or empty container to
   return that container to the designated Container Yard
   or Rail Ramp.
    
  "DRY CARGO" - means cargo other than that requiring
   atmospheric and/or temperature control.
    
  "EXPLOSIVE CARGO" - means cargo falling within Class A, B
   and C explosives as defined in Rule 16 of Tariff.
     
  "FULL VISIBLE CAPACITY" - The term Full Visible Capacity,
   when used in connection with container provisions, rules
   or rates, means that no more of the same type of cargo
   can be loaded into or on the transporting container or
   other carrying equipment consistent with safety
   precautions and regulations necessary to prevent damage
   to, or loss of, cargo.
     
  "IN-GUAGE" - The term In-Guage when used to restrict
   Flad-Bed, Flat-Rack, Open Top or Platform
   Container/Trailer Rates means that the cargo loaded on
   such equipment does NOT hang over any portion of the
   sides or ends of the Container/Trailer, and further that
   no part of the cargo is greater than 8 ft. 6 ins. high.
      
  "LABEL CARGO" - means cargo requiring White, Yellow, Red,
   Red Gas, Green Gas, Poison Gas and Tear Gas labels as
   required by governmental regulation.  See Rule No. 16 of
   Tariff.
    
  "MIXED SHIPMENT" - means a shipment consisting of two or
   more distinct commoditiies and/or articles described in
   and rated under two or more rate items of this Tariff.
     
  "NON-HAZARDOUS" - means non-label cargo which is
   permitted stowage between decks or under deck (other
   than Magazine) under C.F.R. Title 46 - Shipping, as
   amended, and such cargo that is so classified under
   the provisions of Tariff Rule 16 or this Tariff.
    
  "ONE COMMODITY" - The term One Commodity indicates any
   and all of the articles described in a single rate Item
   of this Tariff.
     
  "OUT-OF-GUAGE" - The term Out-of-Guage when used to
   restrict Flad-Bed, Flat-Rack, Open Top or Platform
   Container/Trailer Rates means that in some manner the
   cargo loaded on such equipment either hangs over a
   portion of the sides or ends of the Container/Trailer,
   or that a part of the cargo is greater than 8ft. 6ins.
   high. (Such shipment may be SBJ to applicable Extra
   Length, Height or Width Charges.)
    
  "PICKUP SERVICE" - The term Pickup Service means the
   service performed or provided by the Carrier in calling
   for cargo at a platform, sidewalk, doorway, or shipping
   room directly accessible to an over-the-road vehicle at
   Shipper's premises.  Pickup Service does NOT include the
   removal of cargo from basements, floors or interior
   areas not directly accessible to over-the-road vehicles,
   NOR does it include packing, dismantling, inspection of
   property or any other such similar services.
     
  "PROJECT CARGO" - The term Project Cargo means cargo that
   includes materials, equipment and supplies employed in
   the construction, developement or supply of a named
   facility used for a major governmental, charitable,
   manufacturing, resource exploration/exploitation, public
   utility or public service purpose, including disaster
   relief projects.  No materials, equipment or supplies
   covered under a Project Cargo Rate named in this Tariff
   shall be transported for the purpose of resale or other
   commercial distribution.
     
   A clause reading substantially as follows shall appear
   on all B/Ls pertaining to project rates:
       " All materials included in this B/L are of a wholly
         proprietary nature and shall not be resold or
         otherwise commercially distributed at
         destination."
     
  "PROPORTIONAL" - The term Proportional, when used in
   connection with a Rate, Rule, Charge, Provision or
   Accessorial Charge, means a provision whose application
   is restricted to shipments of cargo having an immediate
   prior or immediate subsequent movement, via any
   transportation mode, from or to a named port, point or
   location group.  The term immediate as used herein means
   either: that no other thru or line haul transportation
   service, other than the transportation service from the
   specified origin, occurs prior to Carrier's receipt of
   cargo at origin; or that no other thru or line haul
   transportation service, other than the transportation
   service to the specified destination, occurs subsequent
   to Carrier's tendering cargo to on-carrier at
   destination.
   
  "RAIL RAMP" [See "R" Service Rule 2.1] - The term Rail
   Ramp means the Trailer-On-Flat-Car (TOFC) or
   Container-On-Flat-Car (COFC) facility or terminal of a
   rail carrier where loaded or empty containers are
   tendered to, received from or interchanged with rail
   carriers.
     
  "RECONSIGNMENT" - The term Reconsignment means any change
   in the original B/L instructions, made after cargo has
   been tendered to the Carrier, requiring delivery of
   cargo to a different Consignee, at a different address
   or to a different destination, which requires Carrier to
   perform or provide additional transportation service to
   effect delivery of cargo at ultimate destination, or
   that requires an amendment to, or the reissue of, the
   B/L or other shipping documents prior to delivery at
   ultimate destination.
     
  "REVENUE TON" - means 1,000 kilos or 1 cubic metre as
   freight charges are assessed.
     
  "SHIPMENT" - Except as otherwise specifically provided in
   this Tariff, a shipment means a quantity of freight
   tendered to the Carrier by 1 (one) Shipper, at 1 (one)
   port or point of origin, at 1 (one) time, transported on
   1 (one) B/L, for delivery to 1 (one) Consignee, at 1
   (one) destination port or point.
     
  "SPECIAL RATE" - A special rate is a rate established to
   meet special or particular traffic, market or other
   conditions and will be published as a rate subject to a
   "Thru Date" expiration notice in the individual TLIs of
   this Tariff.  A Special Rate removes the application of
   the TLI rate on the same quantity, of the same
   commodity, in the same packing or shipping form, from
   and to the same ports and/or points, for the period
   during which the Special Rate is in effect.
    
  "STUFFING, UNSTUFFING" - means the physical placing of
   cargo into or the physical removal of cargo from
   containers.
    
  "VOID," "VOID SPACE," or "CONTAINER VOID" - when used
   in a TLI named in this Tariff, shall be defined as a
   vessel's on-board container space that is required to
   remain empty next to or above a flatrack, platform or
   opentop container laden with out-of-gauge cargo that
   could otherwise be utilized to transport a container.
    
  "WORKING DAY" - means each calendar day, excepting
   Saturday, Sundays and Holidays, between 8:00 A.M.
   and 5:00 P.M.

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