RULE: 7 - PROVISIONS GOVERNING THE PAYMENT OF FREIGHT CHARGES Eff: 31JAN2022
| Effective | 31JAN2022 |
|---|---|
| Filed | 31JAN2022 |
| Filing Codes | IC |
Freight charges, assessorial charges, surcharges or other charges named
in this Tariff, or in any NRA or on any Web Rate Page in a Tariff
governed by 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 and Personal Effects.
a. All Freight and additional Charges named in this Tariff, or in any
NRA, or on a Web Rate Page in a Rate Tariff 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. Rates and Charges named in this Tariff, or in any NRA, or on any Web
Rate Page in a Rate Tariff governed by this Tariff 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 or any governed Rate Tariff, to
adjust the charges named in this Tariff, in an NRA or on a Web Rate
Page in a Tariff governed by 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 a Rate Tariff governed by 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 any 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.
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,
Assessorials, 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 Cargo is tendered to
originating Carrier in the case of prepaid shipments.
If Freight or other Charges are NOT paid within the credit period
specified herein, 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,
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.
