RULE: 26 - TIME/VOLUME RATES IN FOREIGN COMMERCE Eff: 12JUL2006
| Effective | 12JUL2006 |
|---|---|
| Filed | 12JUL2006 |
| Filing Codes | C |
The Rates and Charges named in the Commodity Descriptions
and TLIs of this Tariff which are SBJ to this Rule named
below apply when, and ONLY when, the Shipper has guaranteed
in writing to tender for transportation the minimum
quantity of cargo that has been specified in such Commodity
Description and TLI making reference hereto.
Item 221556.0251 - Expires with 12 August 2006
a. NOTIFICATION OF INTENT TO PARTICIPATE
The Shipper MUST notify the Carrier either in writing or
orally (and confirmed in writing) that he intends to
utilize a particular Time-Volume rate published herein
PRIOR to tendering any cargo to the Carrier for
transportation. Such notification should include the
commodities to be tendered, the expected weekly or
monthly volume, and the origin and destination of the
shipments. All notifications, questions or inquiries
should be addressed to the Carrier at the address shown
in Rule 19 of this Tariff.
b. ALTERNATION OF RATES
Except as may be otherwise specifically provided in an
individual TLI SBJ to this Rule, the Time-Volume rates
SBJ hereto do NOT alternate with any other rate(s) named
in this Tariff, or in any other Tariff lawfully filed
with the Federal Maritime Commission, that applies on
the same commodity, from and to the same ports and/or
points, in the same shipping form.
c. APPLICATION OF ADDITIONAL CHARGES
Unless otherwise provided in individual TLIs or any
provision of this Tariff, the Time-Volume rates named
in this Tariff which are SBJ to this Rule are SBJ to all
applicable Rules, Regulations and Assessorial Charges
specified in this Tariff.
d. AMENDMENT OF TIME-VOLUME RATES
Time-Volume rates SBJ to this Rule will NOT be amended,
altered or changed in any way prior to the expiration of
the Time-Volume rates and provisions, EXCEPT in
accordance with specific provisions authorizing
specified changes in the Time-Volume TLI.
e. BILL OF LADING NOTATIONS
B/Ls issued covering shipments moving under the Time-
Volume rates SBJ to this Rule MUST be claused in
substantially the following manner:
" Time-Volume rate per Item ___ (here specify) named
in Central Agency of Florida, Inc.'s Tariff FMC 111
applicable."
If such clause is inadvertently omitted, Shipper may
request that a corrected B/L be issued.
f. MAINTENANCE OF SHIPMENT RECORDS
Copies of each B/L and Booking Notice (including
cancelations) will be maintained by Carrier for not less
than 5 (five) years after the expiration of the
applicable Time-Volume TLI, and may be inspected by the
Shipper upon request.
g. FORCE MAJEURE OR CANCELATION/DISRUPTION IN SERVICE
In the event of Force Majeure or other emergency
conditions which cause a disruption in the Carrier's
service or the Shipper's (or Consignee's) ability to
tender or receive shipments on a regular basis, the time
period for the Shipper to satisfy the minimum volume of
cargo required in the applicable Time-Volume TLI to
which the Shipper is a signatory, will be extended by
the same number of days such Force Majeure or emergency
conditions remain in effect. "Force Majeure" or
"Emergency Conditions" are defined as situations such as
strikes or other work stoppages, sabotage, fires, marine
disasters, Acts of God or the Public Enemy, Rail
derailments, rebellion, hostilities, or any other such
events or causes which are beyond the control of the
Carrier or the Shipper. The party invoking the
provisions of this Item, because the conditions
described above have occurred, shall notify the other
party immediately in writing (or orally and confirmed in
writing), and shall include in such notification the
nature, extent and expected duration of such conditions.
Once normal operations have been resumed, Carrier will
notify Shipper, in writing, of the new date by which the
minimum cargo volume must be satisfied, and the Time-
Volume TLIs SBJ to this Rule will be amended on lawful
notice with the Federal Maritime Commission to reflect
the new expiration date.
h. CARGO SHUT OUT
If for any reason Carrier cannot accept, handle or
transport Shipper's cargo when tendered for
transportation, Carrier will provide Shipper with a
declined booking statement, and all cargo volume that
was shut out or declined by Carrier will be INCLUDED in
the calculation of cargo volume when determining if the
Time-Volume minimum has been met or exceeded.
i. RE-RATING SHIPMENTS FOR NON-FULFILLMENT OF CARGO MINIMUM
If Shipper tenders less than 100% (one-hundred percent)
of the volume of cargo required in the Time-Volume TLI
to which the Shipper is a signatory the following rate
adjustments will be made - all shipments actually
transported will be rerated at the otherwise applicable
Tariff rate in effect on the date each shipment was
received by the Carrier. Such additional freight
charges are due and payable immediately upon the
expiration of the Time-Volume shipping period.
