RULE: 7 - PAYMENT OF FREIGHT CHARGES Eff: 01MAY2002
| Effective | 01MAY2002 |
|---|---|
| Filed | 01MAY2002 |
| Filing Codes | I |
Except as otherwise provided, the following rules on the
payment of monies and charges shall apply:
A. For the purpose of this rule, the terms "Freight Monies"
when used in this rule shall refer to commodity freight
rates and all other charges and rates set forth in the
commodity items or rules of this tariff. However, the
term "Freight Monies" shall exclude "Ocean Carrier's CY
Receiving Charges and Ocean Carrier's CFS Receiving
Charges" as set forth in tariff which shall be referred
to as "Charges" or "Freight Charges".
B. The rates provided herein apply in United States Currency
and all charges must be prepaid in United States Currency
or its equivalent in freely convertible currency not
later than the time of release of any original Bill of
Lading by the Carrier to the shipper or his duly author-
ized licensed freight forwarder or agent acting in his
behalf, except those shippers or consignees to whom the
Carrier has extended due bill privileges. When due bill
privileges are granted, all charges must be paid within
seven (7) days from date of billing.
Collect shipments can be accepted only by prior agreement
in which case the rate of exchange ruling the day of
receipt of cargo by the Carrier, in accordance with Rule
3, shall apply.
Due bill privileges are extended after applicants agree
the following conditions:
1) Bill of Lading Receipts:
Receipts for all bills of lading so issued shall be
signed by the applicant, or on behalf of the applicant
by the freight forwarder or other agent receiving
them.
2) Any Forwarder is Shipper's Agent for Payment:
If the applicant engages or utilizes the service of a
freight forwarder in connection with the payment of
freight or charges to the Carrier, the applicant agree
that such forwarder acts as the agent for such purpose
and as the agent of the Carrier.
3) Unconditional Promise to Pay and Guarantee of Freight
Payment: (Control No. 010246)
The applicant will be absolutely and unconditionally
liable to the Carrier for payment of all freight and
charges due and guarantees that the Carrier will be
paid by the applicant irrespective or whether or not
funds for payment of such freight and charges have
been advanced by the applicant to a freight forwarder
or other agent. If the applicant provides funds to a
freight forwarder or other agent to pay the freight or
charges due the Carrier, and such forwarder or agent
converts such funds to its own use or for any other
reason fails to pay them to the Carrier, the applicant
shall remain absolutely and unconditionally liable to
the Carrier upon the applicant's freight forwarder or
other agent for the payment and charges. In no even
shall any demand by the Carrier of such freight and
charges constitute a waiver or an estoppel of the
Carrier's right to enforce these promises and
guarantees against the applicant.
4) Freight Due when specified in Tariff:
All freight and charges shall be due as prescribed in
the applicable tariff within the designated period
after the sailing of the vessel from the respective
port of loading.
5) Suspension of Credit:
Credit privileges hereunder shall be suspended for any
failure to comply with the provisions of the
applicable tariff. The Agreement will be cancelled by
any suspension of credit privileges for a period of
sixty (60) consecutive days.
6) Absolute Obligation to Collect Freight:
We recognize that the Carrier has absolute obligation
under Section 18(b)(3) of the Shipping Act, 1916, as
amended, to collect and receive all freight and
charges due under the pertinent tariff or tariffs.
7) Remedies are Cumulative:
The remedies available to the Carrier under the Agree-
ment are cumulative and are in addition to every other
remedy in law or equity. The exercise of any remedy
shall not be construed to be a waiver of the right to
exercise at the same time or thereafter any other
remedy.
8) Effective Date:
The Agreement shall become effective on the date of
its receipt and execution by the Carrier to its Agent
and shall continue in effect unless terminated sooner
by written notice from either party to the other,
provided however, that termination or expiration shall
not extinguish any existing liabilities hereunder.
C. Full freight and charges to Port of Discharge as defined
in Bill of Lading shall be considered earned and payable
without refund in whole or in part upon receipt of the
goods by the Carrier, vessel and/or cargo lost or not
lost.
D. Except as otherwise provided in this Tariff, all rates
and charges shown herein are to be collected in United
States Currency in the United States not later than the
time of receipt of cargo by Carrier; provided that
Carrier may extend credit for fifteen (15) business days
after the date of receipt of cargo, exclusive of
Saturdays, Sundays and Legal Holidays.
E. Both Shipper and consignee of the goods or articles
shipped, shall be liable, jointly and severally for all
unpaid charges payable on account of a shipment pursuant
to applicable tariffs including, but not confined to,
sums advanced or disbursed by carrier on account of such
shipment.
