RULE: 7 - PROVISIONS GOVERNING THE PAYMENT OF FREIGHT CHARGES Eff: 20JUL2019
| Effective | 20JUL2019 |
|---|---|
| Filed | 20JUL2019 |
| Filing Codes | C |
Freight charges, assessorial charges, surcharges or other charges named
in this Tariff, or in any NRA or on any Web Rate Page in this Tariff,
including advanced charges, may be prepaid or collect (see NOTE 1) at
origin or destination, SBJ to the provisions named herein. However,
regardless of whether B/L payment status is prepaid or collect, the
Shipper, his duly authorized Freight Forwarder, Broker, the Consignee
and the Beneficial Cargo Owner shall be, and will remain, jointly and
severally liable for all unpaid charges and freight, including but not
limited to, any sums advanced or disbursed by the Carrier for the
account of the cargo. Further any payment of freight or other charges
to a freight forwarder, broker or any other party other than directly
to Carrier shall be not deemed payment to the Carrier, unless and
until such payment has been advanced to Carrier.
NOTE 1: Shipments of the following commodities MUST be
PREPAID in all instances: Household Goods; Personal
Effects
a. All Freight and additional Charges named in this Tariff, or in any
NRA, or on a Web Rate Page in this Tariff, are due and considered
earned upon receipt of the cargo by the originating Carrier, or
his agent, and shall be paid to the carrier without discount or
deduction, whether the Ship and/or Cargo is lost or not lost,
transportation is interrupted or abandoned, whether the Cargo is
damaged or ruined, or whether packages or containers are delivered
empty or partly empty at destination.
b. Rates and Charges named in this Tariff, or in any NRA, or on any Web
Rate Page in this Tariff are quoted in U.S. Currency, unless
otherwise noted, and have been determined with due consideration to
the relationship of U.S. Currency to any other currencies involved.
In the event of any material deterioration in the exchange value of
U.S. Currency, the Carrier reserves the right, upon publication in
this Tariff, to adjust the charges named in this Tariff, in an NRA
or on a Web Rate Page in this Tariff, to change the rates named
therein to remove any adverse effect in conformity with the U.S.
Shipping Act of 1984, as amended, and SBJ to the regulations of the
Federal Maritime Commission issued pursuant thereto. Rates named in
NRAs SBJ hereto may will be SBJ to this Rule only in compliance with
FMC regulations governing NRAs.
c. When Freight and other Charges named in this Tariff, or in an NRA, or
on a Web Rate Page in this Tariff, are paid in foreign countries,
Carrier will accept payment in a foreign currency provided it is
freely convertible. When payment is effected in other than U.S.
Currency, currency conversion shall be calculated on the basis of
the highest official bank selling rate of exchange as quoted on the
official exchange for the currency involved on the day shipment is
tendered to the originating Carrier.
d. The payment status of a B/L may NOT be changed once
transportation service of cargo has commenced (i.e.
"prepaid" shipments cannot be changed to "collect"
shipments and likewise "collect" shipments cannot be
changed to "prepaid" shipments) without the express
approval of the Carrier.
e. Carrier or its duly authorized agent, will, upon request
of the Shipper, Freight Forwarder, Consignee or
Beneficial Cargo Owner, extend credit to the party
listed in the B/L as responsible for the payment of
freight and charges, in amounts not to exceed freight,
assessorial, terminal and/or advanced charges. The
credit period shall be 30 (thirty) days from the date
of delivery of cargo in the case of collect shipments or
from the date of originating Carrier's cargo receipt in
the case of prepaid shipments.
If freight or other charges are NOT paid within the
credit period specified above, the Carrier will cancel
the delinquent party's credit privileges after which
time ALL freight and assessorial charges applying on
shipments moving for the account of such party MUST be
paid in cash, cashier's check or money order at the
time, or prior to the time, cargo is tendered to
originating Carrier for transportation.
If any party responsible for the payment of charges
fails or refuses to pay lawful freight and/or other
charges due as specified above, Carrier shall be
entitled to recover all collection costs incurred,
including but not limited to, reasonable collection
agency fees, attorney's fees and court costs.
