RULE: 28 - DEFINITIONS Eff: 08OCT2010
Effective | 08OCT2010 |
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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.