RULE: 7 - PROVISIONS GOVERNING THE PAYMENT OF FREIGHT CHARGES Eff: 29JUL2016
| Effective | 29JUL2016 |
|---|---|
| Filed | 29JUL2016 |
| Filing Codes | IC |
Freight charges, assessorial charges, surcharges or other charges named
in this Tariff, in NRAs governed by this Tariff, or in Rates named in
Tariffs governed by this Tariff, including advanced charges, may be
prepaid or collect (SBJ to paragraphs b., c. & d. ) at origin or
destination, SBJ to the provisions named in this Rule. However,
regardless of whether B/L payment status is prepaid or collect, the
Shipper, his duly authorized Freight Forwarder or Agent, 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.
a. All Freight and additional Charges named in this Tariff, or in NRAs
or Rates named in Tariffs governed by 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. Except as otherwise provided in this rule, Freight and additional
charges shall be prepaid not later than the time of release of any
original B/L by the Carrier to the Shipper or his duly authorized
licensed freight forwarder or agent acting in his behalf.
c. When Freight and other charges are prepaid, Carrier must receive
payment of Freight in U.S. Dollars or other freely convertible
currency (SBJ to paragraph f.) on:
1. Intermodal Cargo: The day before receipt of full B/L quantity of
Cargo at Carrier's designated place of Origin as indicated as
"received" on B/Ls, without "on board" date notation, are first
issued.
2. All Water Cargo: The day before vessel's arrival when "Shipped on
Board" B/Ls are issued.
d. Cargo on which no release of original B/L has been made by the
Carrier to the Shipper or his agent prior to the Cargo's arrival at
the B/L destination will be held by the Carrier at the B/L
destination until all Freight and charges are paid or the original
B/L has been released to the Shipper with a credit approval from
the Carrier.
e. Rates and Charges named in this Tariff, or in NRAs or Rates named in
Tariffs governed by 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, Carrier reserves the right, upon
publication in this Tariff, to adjust the rates and charges named in
this Tariff, or in the Tariff governed by this Tariff 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.
f. Payment for Freight and/or other charges must be payable in legal
tender, or at Carrier's option, by check or bank draft. When Freight
and other Charges named in this Tariff, or in NRAs or Rates named in
Tariffs governed by this Tariff, are paid in foreign countries,
Carrier, at its options, may 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 (numerical) Telegraphic Transfer
Selling rate of exchange (TTS) of U.S. Dollars as quoted by the
official exchange for the currency involved on the day before
receipt of such payment.
g. The payment status of a B/L may NOT be changed or altered once
transportation service of Cargo has commenced (e.g. "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.
h. Extension of Credit:
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,
Assessorials, Terminal and/or Advanced Charges. The credit period
shall be 15 (fifteen) calendar days, inclusive of Saturdays,
Sundays and legal holidays, after the date of receipt of cargo at the
place of receipt by the Carrier. Carrier will extend credit to
Parties having six months satisfactory payment experience with the
Carrier and can furnish three satisfactory references. At the time
of release of the bill of lading, the Carrier must have given prior
approval of credit privileges for the party which has not been
suspended. Carrier does not require that a credit agreement be
signed by the Shipper, Consignee or other party.
1. A party's credit approval shall remain in effect from the date of
written notice by the Carrier unless terminated by written notice
from Carrier to other parties or by suspension for failure to
comply with the terms of this Rule, or Carrier's Bill of Lading.
2. When Carrier releases prepaid bills of lading under the terms of
the Shipper's credit approval to a shipper or his authorized
representative, he may require the Shipper or his authorized
representative to acknowledge the receipt of the B/L in writing.
In all cases the Shipper shall be responsible for payment when a
B/L is released to the Shipper's Freight Forwarder or Agent
acting in his behalf.
3. It is the responsibility of the Carrier to take prompt measures
to collect freight and charges unpaid after the fifteen (15) days
credit period specified in this Rule. Carrier will notify the
Shipper, Consignee, Forwarder or other Party who fails to pay
freight and/or other charges within the fifteen (15) day period
provided herein, that no further credit shall be extended by the
Carrier to that party concerned and the privilege of credit shall
not be restored until all freight monies and charges due and owing
to the Carrier by that party for a period longer than the fifteen
(15) day period hereinabove provided, have been paid in full.
4. During the period when credit privileges are suspended Carrier may
require that all freight and charges applying on Shipments moving
for the account of such party 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.
5. If any party responsible for the payment of charges fails or refuses
to pay lawful Freight and/or other Charges due as specified above,
the Carrier shall be entitled to recover all collection costs
incurred, including but not limited to, reasonable collection agency
fees, attorneys' fees and court costs.
