RULE: 28 - DEFINITION OF TERMS USED IN THIS TARIFF Eff: 01JAN2019
| Effective | 01JAN2019 |
|---|---|
| Filed | 01JAN2019 |
| Filing Codes | IC |
The Terms listed below will be defined and used as follows
in this Tariff and governed NSAs:
"CARGO, N.O.S." - means articles not otherwise specified
in individual commodity rates of govened NSAs
"CAUTION" - means articles which may be subject to Rule
No. 16
"CHARITABLE AND/OR RELIEF GOODS" - The term Charitable
and/or Relief Goods as used in this Tariff and governed NSAs
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.
"CO-LOADING" - means the combining of cargo, in the
import or export foreign commerce of the U.S. by two or
more NVOCC's for tendering to an ocean carrier under the
name of one or more of the NVOCC's.
"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 and
in governed NSAs 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 or any governed NSA 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.
"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.
"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.
"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 OFF" or "DROP AND PULL" or "DROP & PICK" - means
Carrier's desingated 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
temperature control.
"EXPLOSIVE CARGO" - means cargo falling within Class A, B
and C explosives as defined in Rule 16.
"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
shown. See Rule No. 16
"MIXED SHIPMENT" - means a shipment consisting of articles
described in and rated under two or more rate items
of any governed NSA.
"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 from time to time, and such cargo will be
rated in accordance with the rates applicable therefor
as provided in the applicable governed NSA.
"NSA" - means a NVOCC Service Arrangement as defined in
46 CFR 531.3(p)
"ONE COMMODITY" - means any or all the articles described
in any one rate item of a governed NSA.
"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 any governed
NSA 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 any 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, or in any governed NSA, 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 governed
NSAs. A Special Rate removes the application of the
governed NSA 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 any governed NSA, 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.
