RULE: 2 - APPLICATION OF RATES AND CHARGES Eff: 03JUN2003
| Effective | 03JUN2003 |
|---|---|
| Filed | 03JUN2003 |
| Filing Codes | I |
1. Rates published in this Tariff are stated in terms of
U.S. Currency and apply per 1 cubic meter (M) or 1,000
Kilos (W), as indicated, whichever basis yields the
greater revenue, except as otherwise specified. Where
the word "Weight" or the letter "W" appears next to an
article or commodity, weight rates are applicable
without regard to measurement. Where the word
"measurement" or the letter "M" appears next to an
article or commodity, measurement rates are applicable
without regard to weight.
All freight rates and other charges shall be based on
the actual gross weight and/or overall measurement
of each piece or package, except as otherwise provided.
Rates indicated by W/M or WM are optional weight or
measurement rates and the rate yielding the greater
revenue will be charged.
Rates published herein apply per 20 Foot, 40 Foot and
40 Foot High-Cube. Carrier reserves the right to verify
the information furnished and make corrections when
errors or discrepancies are found.
2. Except as otherwise provided, all "Port" (i.e.,Port-to-
Port) rates published herein apply from/to places where
the common carrier originates or terminates its actual
ocean carriage of cargo. Tolls, Wharfage, Cost of
Landing, and all other expenses beyond the port terminal
area are for the account of Owner, Shipper or Consignee
of the cargo and all such expenses levied in the first
instance against the Carrier will be billed in an equal
amount to the Owner, Shipper, or Consignee of the cargo.
The "Point" (i.e. Port-to-Point, Point-to-Point,
Point-to-Port) rates named in this Tariff are applicable
From/To Inland Points which lie beyond port terminal
areas. Such rates will be shown as single-factor through
rates or combination through rates constructed by the
addition of applicable inland rate factors. Such rates
shall be inclusive of all charges pertinent to the
transportation of cargo (including intermediate but not
Origin or Destination Terminal Charges) but not including
Customs clearance assessments or Forwarding Charges
except as provided.
Alternatively, at shipper's request, carrier will
arrange for inland transportation as shipper's agent.
All associated costs will be for the account of the
cargo. Overland carriers will be utilized on an
availability of service basis and not restricted to any
preferred Carriers, except as Ocean Carrier deems
necessary to guarantee safe and efficient movement of
said cargo. Carrier shall not be obligated to transport
the goods in any particular type of container or by any
portion of the transportation of the goods shall be
within the sole discretion of the Ocean Carrier.
3. Packages containing articles of more than one
description shall be rated on the basis of the rate
provided for the highest rated articles contained
therein.
4. Rates as published herein do not include Marine
Insurance or Consular Fees.
5. Description of commodities shall be uniform on all
copies of the Bill of Lading and MUST be in conformity
with the validated United States Import/Export
Declaration covering the shipment. Carrier must verify
the Bill of Lading description with the validated
United States Import/Export Declaration. Shipper
amendments in the description of the goods will only
be accepted if validated by United States Customs.
Trade names are not acceptable commodity descriptions
and shippers are required to declare their commodity by
its generally accepted generic or common name.
6. Unless otherwise specified, when the rates in this
Tariff are based on the value of the commodity, such
commodity value will be the F.O.B. or F.A.S. value at
the port of loading as indicated on the Commercial
Invoice, the Custom Entry, the Import/Export Declaration
or the Shipper's Certificate of Origin. The F.O.B. value
and the F.A.S. value include all expenses up to delivery
at the Loading Port.
7. The rates shown in this Tariff except where predicated
on specifically lower values or on an ad valorem basis,
are subject to Bill of Lading limit of value.
8. Except as otherwise provided, rates published in this
Tariff apply only to the specific commodity named and
cannot be appled to analogous articles. Unless a
commodity is specifically provided for, the Cargo,
N.O.S., Dangerous/Hazardous Cargo, N.O.S., Refrigerated
Cargo, N.O.S. rate will apply (for definition of
Dangerous/Hazaedous Cargo, N.O.S., See Rule 16).
9. Wherever rates are provided for articles named herein,
the same rate will also be applicable on parts of such
articles where so described in the ocean bill of
lading, except where specific rates are provided for
such parts.
10. FORCE MAJEURE CLAUSE: "Without prejudice to any rights
or privileges of the Carrier's under covering Bills of
Lading, dock receipts, or booking contracts or under
applicable provisions of law, in the event of war,
hostilities, warlike operations, embargoes, blockades,
port congestion, strikes or labor disturbances,
regulations of any gonvernmental authority pertaining
thereto or any other official interferences with
commercial intercourse arising from the above conditions
and affecting the Carrier's operations, the Carrier
reserves the right to cancel any outstanding booking or
contract in conformity with Federal Maritime Commission
Regulations."
11. When a commodity can properly be carried under more
than one tariff item, but which by its nature is
clearly influenced by its end use, the freight shall
be assessed based on the rate of the end use commodity
eg:
Rubber Gloves, Cotton Gloves, etc. would all be rated
under "Gloves, NOS" rather than Rubber Goods, Textiles,
etc.
The above does not apply in cases where there is a
specific tariff rate for the commodity in question
eg: If the tariff contains a rate for Rubber Gloves,
than this rate will apply - and NOT the Gloves, NOS
rate.
12. When two or more rates may be applicable to a given
shipment and one rate is more specific than the others,
the specific rate shall apply.
One rate is more specific than another when it
describes the commodity being shipped more explicitly,
ie: Canned Pineapple is more specific than Canned
Fruit or Canned Goods, NOS.
A rate to a specific destination is more specific than
a rate to a geographic range or zone, ie: A rate to
New York, NY is more specific than rate to East
Coast Ports.
13. Any Tollage, Wharfage, Handling and/or other charges
assessed against the cargo at Ports of
Loading/Discharge will be for the account of the cargo.
Any Tollage, Wharfage, Handling and/or Charges at Port
of Loading in connection with storage, handling and
receipt of cargo before loading on the vessel shall be
for the account of the cargo.
Any Additional Charges which may be imposed upon the
cargo by Governmental Authorities will be for the
account of the cargo.
14. TYPES OF SERVICE PROVIDED
CY/CY (Y/Y) - The term CY/CY means containers packed
by Shippers off Carrier's premises,
delivered to Carrier's CY, accepted by
Consignee at Carrier's CY and unpacked
off Carrier's premises, all at the risk
and expense of the cargo.
CY/CFS (Y/S) - The term CY/CFS means containers packed
by Shippers off Carrier's premises and
delivered to Carrier's CY and unpacked by
the Carrier at the destination port CFS,
all at the risk and expense of the cargo.
CFS/CFS (S/S)- The term CFS/CFS means cargo delivered to
Carrier's CFS to be packed by Carrier
into containers and to be unpacked by the
Carrier from the containers at Carrier's
destination port CFS, all at the risk and
expense of the cargo.
CFS/CY (S/Y) - The term CFS/CY means cargo delivered to
Carrier's CFS to be packed by Carrier
into containers and accepted by Consignee
at Carrier's CY and unpacked by the
Consignee off Carrier's premises, all at
the risk and expense of the cargo.
Door (D) - Door Service pertains to the carrier
providing inland transportation from/to
the shipper's/consignee's designated
facilities.
CY/CY (Y/Y) - The term CY/CY means containers packed
(Y/R) by Shippers off Carrier's premises,
delivered to Carrier's CY, accepted
by Consignee at Carrier's CY and unpacked
off Carrier's premises, all at the risk
and expense of the cargo. This also
includes shipments To/From in Rail/Ramp
carrier's terminals To/From Ocean
Carrier's Container Yard.
15. SERVICE OPTIONS:
The following service types are available and pertain
to rates contained in this tariff.
Door (D)
Door Service pertains to the carrier providing
inland transportation to the shippers/consignees
designated facilities.
Door Service is applicable only where
specifically provided in the individual TLI's
or where specified in an inland rate table.
Container Yard (Y)
The term container yard refers to the specific
location designated by the carrier where the
carrier assembles, holds or stores containers
and where containers loaded with goods are
received or delivered.
Container Freight Station (S)
The term Container Freight Station means the
location designated by the carrier or his
authorized agent for the receiving of goods to
be stuffed into containers or for the delivery
of goods stripped from the containers by the
carrier or his agent.
