Rule 1
Tariff Scope
effective
date = 01Apr2011
ALL TARIFF MATTER TRANSFERRED
FROM NVO TARIFF SERVICES ON
31MAR2011, FROM TARIFF 004896-001.
============================================================
1. This tariff contains rules,
regulations, for local and
intermodal transportation of
commodities between Ports and
Points in the United States and
World Ports and Points via
rail, motor, water carrier or
combination thereof over the
US Pacific, Atlantic and Gulf
Coast Interchange Ports in
direct service.
2. Except as otherwise provided, rates are based on
all-water service and apply from
Ships tackle at the port
loading to Ships tackle at the
port of discharge as named in
the Bill of Lading.
Freight rates include the on-shore hooking of slings or
loads to the loading gear. All
charges and expenses beyond
the Ships side are for the
account of the Cargo, including
origin receiving charges and
destination delivery charges,
handling charges, tolls,
wharfage, and any other expenses.
All water services applies
between the following U.S. and
world ports:
A. U.S. PACIFIC COAST PORTS
Long Beach, CA
Los Angeles, CA
Oakland, CA
Portland, OR
San Diego, CA
San Francisco, CA
San Pedro, CA
Seattle, WA
Tacoma, WA
B. U.S. ATLANTIC COAST PORTS
Baltimore, MD
Boston, MA
Charleston, SC
Elizabeth, NJ
Jacksonville, FL
Miami, FL
New York, NY
Newark, NJ
Newport News, VA
Norfolk, VA
Philadelphia, PA
Portsmouth, VA
Savannah, GA
Wilmington, DE
Wilmington, NC
C. U.S. GULF COAST PORTS
Galveston, TX
Houston, TX
Jacksonville, FL
Mobile, AL
New Orleans, LA
Tampa, FL
D. FAR EAST RANGE
Brunei
China
Hong Kong
Indonesia
Japan
Korea Republic Of
Macau
Malaysia
Philippines
Singapore
Taiwan
Thailand
Vietnam
E. UNITED KINGDOM, EUROPE,
SCANDINAVIAN-BALTIC RANGE,
AND THE MEDITERRANEAN RANGE
Belgium
Bulgaria
Denmark
Finland
France
Germany
Greece
Ireland
Italy
Netherlands
Norway
Poland
Portugal
Romania
Russia
Spain
Sweden
United Kingdom
Yugoslavia
F. SOUTH PACIFIC RANGE
Australia
Fiji
French Polynesia
New Caledonia
New Zealand
Papua New Guinea
Solomon Islands
Tonga
Vanuatu
G. AFRICA RANGE
Algeria
Angola
Benin
Cameroon
Comoros
Congo
Djibouti
Ethiopia
Gabon
Gambia The
Ghana
Guinea Bissau
Guinea
Ivory Coast
Kenya
Liberia
Madagascar
Mauritania
Morocco
Mozambique
Namibia
Nigeria
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
Tanzania United Republic Of
Togo
Tunisia
Zaire
H. MIDDLE EAST RANGE
Bahrain
Bangladesh
Burma
India
Israel
Jordan
Kuwait
Lebanon
Oman
Pakistan
Qatar
Saudi Arabia
Sri Lanka
Turkey
United Arab Emirates
Yemen
Saudi Arabia
Sri Lanka
I. CENTRAL AND SOUTH AMERICA
RANGE
Argentina
Belize
Brazil
Chile
Colombia
Costa Rica
Ecuador
El Salvador
French Guiana
Guatemala
Guyana
Honduras
Nicaragua
Panama
Paraguay
Peru
Puerto Rico
Suriname
Uruguay
Venezuela
3. US INTERIOR POINTS (IPI)
A. Unless otherwise provided,
intermodal rates apply to
cargo received at specifically
named U.S. origin points and
ship in ocean, rail, motor, or
barge Carriers equipment on
a through Bill of Lading.
IPI rates apply to or from all
U.S. interior points in
the 48 Contiguous States and the
District of Columbia
via the interchange ports named
in Rule 1 and under
specific TLIs only.
B. Unless otherwise specified,
intermodal rates apply
from the Carriers terminal
facility only and do not
include receiving, transloading
or drayage charges
prior to receipt by Carrier.
C. In the event that there is no
container on flat
car [COFC] or trailer on flat car
[TOFC] rail
terminal at the U.S.
origin/destination city, then a
motor carrier service may be used
to receive/deliver
the cargo at origin/destination
instead of at
Carriers terminal in order to
dray the cargo to/from
the COFC/TOFC rail terminal for
subsequent movement
to the interchange port.
D. Motor through rates apply to
cargo received by
the Carrier for shipment to/from
U.S. points instead
of Carriers terminal.
E. Rail rates are through
intermodal rail-water
rates and apply to/from industry
or team tracks
instead of a Carriers terminal at
U.S. origin points
for movement to destinations as
described under the
destination port group.
F. Unless otherwise provided for,
rates include all
inland transportation charges
pursuant to and part
of the through movement of cargo
from receipt by
the Carrier at origin to delivery
at destination.
Unless otherwise specified,
demurrage and detention
and destination delivery, and
demurrage charges
will apply.
G. Through rates for shipments in
transit from U.S.
points are provided by the
Carrier or their authorized
agents at the interchange port[s]
of discharge.
H. States where IPI Service
Applies
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Dist. Of Colombia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Minnesota
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
4. FOREIGN POINTS AND INTERCHANGE
PORTS
Rates apply to or from all Points
in all countries named
herein via rail, motor, water
carrier or combination thereof
over the Destination Interchange
Ports in the following
Groups:
A. FAR EAST RANGE
COUNTRY INTERCHANGE PORT
Brunei ............. Muara
China .............. Dalian
.............. Guangzhou
(Canton)
.............. Hong Kong
.............. Huangpu
(Whampoa)
.............. Qingdao
(Tsingtao)
.............. Shanghai
.............. Tianjin
Indonesia .......... Jakarta
.......... Surabaya
.......... Belawan
.......... Semarang
Japan .............. Kobe
.............. Nagoya
.............. Osaka
.............. Tokyo
.............. Yokohama
Korea, Rebublic of . Busan
Macau .............. Macau
Malaysia ........... Kota
Kinabalu
........... Kutching
........... Kelang
........... Penang
Philippines ........ Manila
Singapore .......... Singapore
Taiwan ............. Chilung
(Keelung)
............. Kaohsiung
............. Taichung
Thailand ........... Bangkok
Vietnam ............ Ho Chi Minh
City
Hai Phong
B. UNITED KINGDOM, EUROPE,
SCANDINAVIA-BALTIC RANGE, AND
MEDITERRANEAN RANGE
COUNTRY INTERCHANGE PORT
Belgium ............ Antwerpen
Bulgaria ........... Varna
Denmark ............ Aarhus
............ Copenhagen
Finland ............ Helsinki
............ Kotka
............ Turku
France ............. Le Havre
............. Marseilles
Germany ............ Bremen
............ Bremerhaven
............ Hamburg
Greece ............. Piraievs
............. Thessaloniki
Ireland ............ Cork
............ Dublin
............ Dundalk
............ Galway
............ Waterford
Italy .............. Genova
.............. Livorno
.............. Milano
.............. Napoli
.............. Venezia
Netherlands ........ Amsterdam
........ Rotterdam
Norway ............. Bergen
............. Oslo
............. Stavanger
Poland ............. Gdansk
............. Gdynia
Portugal ........... Leixoes
........... Lisboa
........... Oporto
Romania ............ Constanta
Spain .............. Barcelona
.............. Bilbao
.............. Cadiz
.............. Valencia
Sweden ............. Goteborg
............. Malmo
............. Stockholm
United Kingdom ..... Belfast
..... Felixstowe
..... Glasgow
..... Grangemouth
..... Liverpool
..... London
..... Southampton
Yugoslavia ......... Koper
......... Split
C. SOUTH PACIFIC RANGE
COUNTRY INTERCHANGE PORT
Australia .......... Adelaide
.......... Brisbane
.......... Fremantle
.......... Melbourne
.......... Sydney
.......... Perth
Fiji ............... Suva
French Polynesia ... Papeete
New Caledonia ...... Noumea
New Zealand ........ Auckland
........ Christchurch
........ Lyttelton
........ Wellington
Papua New Guinea ... Lae
... Port Moresby
Solomon Islands .... Honiara
Tonga .............. Nukualofa
Vanuatu ............ Port Vila
D. AFRICA RANGE
COUNTRY INTERCHANGE PORT
Angola ............. Lobito
............. Luanda
Benin .............. Cotonou
Cameroon ........... Douala
Comoros ............ Moroni
Congo .............. Pointe Noire
Djibouti ........... Djibouti
Egypt .............. Bur Sa Id
Ethiopia ........... Mitsiwa
Gabon .............. Libreville
.............. Port Gentil
Gambia The ......... Banjul
Ghana .............. Accra
.............. Sekondi
.............. Takoradi
.............. Tema
Guinea ............. Conakry
Guinea Bissau ...... Bissau
Ivory Coast ........ Abidjan
Kenya .............. Mombasa
Liberia ............ Monrovia
Madagascar ......... Toamasina
......... Toliara
Mauritania ......... Nouakchott
Morocco ............ Agadir
............ Casablanca
............ Tanger
Mozambique ......... Beira
......... Maputo
......... Nacala
Namibia ............ Walvis Bay
Nigeria ............ Lagos
............ Port
Harcourt
Senegal ............ Dakar
Seychelles ......... Mahe
Sierra Leone ....... Freetown
Somalia ............ Berbera
............ Muqdisho
South Africa ....... Cape Town
....... Durban
....... East London
....... Port
Elizabeth
Sudan .............. Bur Sudan
Tanzania, United ... Dar Es Salaam
Republic Of ... Tanga
Togo ............... Lome
Tunisia ............ Sfax
............ Tunis
Zaire .............. Matadi
E. MIDDLE EAST RANGE
COUNTRY INTERCHANGE PORT
Bahrain ............ Bahrain
Bangladesh ......... Chittagong
Burma .............. Rangoon
India .............. Madras
..............
Vishakhapatnam
.............. Bombay
.............. Calcutta
.............. Cochin
Israel ............. Hefa
............. Ashdod
Jordan ............. Al Aqabah
Kuwait ............. Kuwait
Oman ............... Masqat
Pakistan ........... Gwadar
Qatar .............. Ad Dawhah
Saudi Arabia ....... Jeddah
....... Yanbu Al
Bahr
....... Al Jubayl
....... Damman
Sri Lanka .......... Colombo
Turkey ............. Mersin
............. Izmir
............. Istanbul
United Arab ........ Jabal Ali
Emirates ........ Khawr Fakkan
........ Abu Zaby
........ Ash Shariqah
........ Dubayy
Yemen .............. Hodeidah
F. CENTRAL AND SOUTH AMERICA
RANGE
COUNTRY INTERCHANGE PORT
Argentina .......... Buenos Aires
.......... La Plata
Belize ............. Belize City
Brazil ............. Fortaleza
............. Rio De
Janeiro
............. Santos
............. Sao Paulo
Chile .............. Antofagasta
.............. Arica
.............. Coquimbo
.............. Iquique
.............. Punta Arenas
.............. San Antonio
.............. Talcahuano
.............. Tocopilla
.............. Valparaiso
Colombia ........... Barranquilla
........... Buenaventura
........... Cartagena
........... Santa Marta
Costa Rica ......... Caldera
Ecuador ............ Guayaquil
El Salvador ........ Acajutla
French Guiana ...... Cayenne
Guatemala .......... San Jose
Guyana ............. Georgetown
Honduras ........... Amapala
........... Puerto
Cortes
Nicaragua .......... Corinto
.......... Managua
Panama ............. Balboa
............. Colon
Paraguay ........... Asuncion
Peru ............... Callao
Suriname ........... Paramaribo
Uruguay ............ Montevideo
Venezuela .......... La Guaira
.......... Puerto
Cabello
5. MINI-LAND BRIDGE SERVICE
A. Mini Land Bridge (MLB) rates
are through water-rail,
water-motor, and water-rail-motor
service. Rates include all
charges for switching, drayage or
other transfer services,
including handling and wharfage,
at the intermediate
interchange points on shipments
handled through and not
stopped for special services at
such intermediate
interchange ports and, at
Carriers option, for re-handling
at ocean Carriers facilities at
intermediate interchange
ports. MLB rates in this tariff
include the loading and/or
unloading of containers from rail
cars and placement of
containers on chassis at the
ports named in rule 1.
B. Tariff rates apply from all
ports by MLB service when
specifically named in the
individual TLI.
In the event the Carrier is
unable to transport the
container(s) through to the
origin CY or CFS due to labor
conditions beyond the control of
the Carrier, the Carrier
may, at its option:
i. Route the cargo via rail,
motor, or rail-motor to an
origin terminal of the Carriers
choice.
ii. Receive the container(s) from
the Shipper at any origin
terminal of the Carriers choice
not so affected.
iii. Additional drayage charges
representing the difference
between those actually paid by
the Shipper and those which
would have accrued had the delivery been accomplished at
the named Bill of Lading origin
terminal will be borne by
the Carrier.
iv. Invoices for additional
drayage charges must be
supported by a paid copy of the
inland drayage invoice.
6. PORT LOCATION GROUPS
DEFINITIONS
Port Group Name Location
ABP.........................
Australia Base Ports
ACG......................... U.S.
Atlantic Coast Group
ACGN........................ U.S.
Atlantic Coast Group,
North
ACGS........................ U.S.
Atlantic Coast Group,
South
AFRICA......................
African Continent
AGG......................... U.S.
Atlantic-Gulf Group
ANZBP.......................
Australia-New Zealand Base
Ports
AUSTRALIA...................
Australia
CAG.........................
California Group
CHINA.......................
China
DENMARK.....................
Denmark
EUROMED.....................
Europe, United Kingdom,
Scan-Baltic Range, and
Mediterranean Range
FEG......................... Far
East Group
FINLAND.....................
Finland
FRANCE......................
France
GCG......................... U.S.
Gulf Coast
GERMANY.....................
Germany
GREECE......................
Greece
HOLLAND.....................
Holland ( Netherlands )
IRELAND.....................
Ireland
ITALY.......................
Italy
JBP.........................
Japan Base Ports
MED.........................
Mediterranean Range
MID EAST....................
Middle East Range
NCG.........................
Northern California Group
NEW ZEALAND................. New
Zealand
NOEUROPE....................
North Europe
NYNJ........................ New York & New Jersey
PANANA......................
Panama
PNWG........................ U.S.
Pacific North West Group
POLAND......................
Poland
PORTUGAL....................
Portugal
SCAN-BALTIC.................
Scandinavian-Baltic Range
SCG.........................
Southern California Group
SO AMERICA..................
South America
SO PACIFIC.................. South
Pacific Islands
SPAIN.......................
Spain
SWEDEN......................
Sweden
TAIWAN......................
Taiwan
UK..........................
United Kingdom
USAG........................
U.S.A. Group
WCG......................... U.S.
West Coast Group
WEST AUSTRALIA..............
Western Australia
WWG.........................
World-Wide Group (all non-USA
ports named herein)
Rule 2
Application of Rates and Charges
effective
date = 01Apr2011
1. GENERAL
Except as otherwise provided,
rates apply per ton of 1,000
kilograms (W), or per cubic meter
(M), whichever provides
the greater revenue for the
carrier, (W/M).
2. CURRENCY STATEMENT
All rates and charges in this
tariff are expressed in U.S.
dollars ($) and will be computed
in U.S. dollars unless
otherwise specified.
3. PARTS AND COMPONENTS
Parts and/or components of any
commodity when shipped with
that commodity, on the same bill
of lading, may take the
same rate as the commodity.
4. PACKAGES CONTAINING MORE THAN
ONE COMMODITY
Packages containing more than one
commodity shall be
assessed the rate of the highest
rated commodity contained
therein.
5. ANALOGOUS COMMODITIES
Rates in this tariff are specific
and will not apply on
analogous commodities.
6. COMMODITY RATES NOT
SPECIFICALLY PROVIDE FOR
Articles not specifically provided for in this tariff
will be freighted at ratings in
the TLI section under
CARGO, NOS (Not Otherwise
Specified).
7. MARINE INSURANCE
Rates named herein do not include
marine insurance.
8. PALLETIZED CARGO
Cargo that is received by the
carrier at the Carriers
terminal that is secured to a
pallet or skid shall be
freighted on the entire package
including the pallet or
skid. Cargo received by the carrier at the carriers
terminal which is not secured to
its pallet or skid
shall not have the weight or
measurement of the pallet
or skid included in the
computation of the freight and
charges.
9. MARKING OF PIECES AND PACKAGES
Each package, piece or bundle of
cargo must be plainly
marked with the full name or
initials of the
consignee, and the destination must be shown in full
to ensure proper delivery. All marks must coincide
with those on shipping documents,
and, if necessary,
corrections must be made by the
Shipper or his
authorized representative.
10. METHOD OF COMPUTING FREIGHT
AND CHARGES
1) Freight and charges assessed
on a weight basis (W), means
the gross weight of each
individual piece or package.
2) Unless otherwise provided for,
cargo freighted on
the basis of its measurement
means the overall measurement
of each individual piece or
package when delivered to the
carrier, subject to the following
rules regarding fraction
of centimeters:
a) All fractions under one-half
(1/2) centimeter are to be
dropped.
b) All fractions over one-half
(1/2) centimeter are to be
extended to the next full
centimeter.
c) Where fractions of exactly
one-half (1/2) centimeter
occurs on on dimension, it shall
be extended to the next
full centimeter.
d) Where there are fractions of
exactly one-half (1/2)
centimeters in two (2)
dimensions, the one on the smaller
dimension is extended to the next
full centimeter and the
other dropped.
3) In determining the cubical
content of any irregular
shaped pieces or packages, the
three (3) greatest dimensions
shall be measured.
4) In determining the cubical
content of barrels, casks,
kegs, and drums, the measurements
are to be taken on the
square of the largest diameter,
including locking device(s).
5) In computing measurements to
determine the rate to be
applied where the rate is
predicated on measurement per ton,
the actual fractions shall be
used.
6) When extending freight charges
on bills of lading,
the total measurement at each
rate shall be rounded off to
the nearest one/one-thousandth (1/1000) cubic meter.
7) Weight or measurement cargo.
Cargo on which charges are levied
on weight or measurement
basis, shall be assessed
according to paragraphs (A) or (B)
above, whichever produces the
greater revenue for the
Carrier.
Rule 3
Rate Applicability Rule
effective
date = 01Apr2011
The rates, charges, and rules
applicable to any given
shipment shall be those in effect
on the date the cargo is
received by the common carrier or
its agent including
originating carriers in the case
of rates for through
transportation.
Rule 4
Heavy Lift
effective
date = 01Apr2011
There is no general rule
governing the rate or application
of heavy lift charges. Heavy Lift charges, if applicable,
shall be so noted in the
individual Tariff Rate Item (TRI).
Rule 5
Long Length
effective
date = 01Apr2011
There is no general rule
governing the rate or application
of Long Length charges. Long Length charges, if applicable,
shall be so noted in the
individual Tariff Rate Item (TRI).
Rule 6
Minimum Bill of Lading Charges
effective date = 01Apr2011
Unless otherwise provided for
under the individual Tariff
Rate Item (TRI), the Minimum Bill
of Lading Charge shall be
one revenue ton per the
individual TRI. The minimum charge
applies only to the Basic Ocean
Freight and unless otherwise
specified, is subject to all
assessorial charges.
Rule 7
Payment of Freight
effective
date = 01Apr2011
Except as otherwise provided
herein, freight and charges may
be prepaid, collect or prepaid at
destination for all
commodities.
Freight and charges must be paid
prior to the release of
cargo to the Consignee or his
authorized agent or
representative. Both Shipper and Consignee appearing on
the Bill of Lading shall be
liable, jointly and severally,
for all unpaid freight and
charges due on account of a
shipment pursuant to applicable
Tariffs including, but not
limited to, sums advanced or
disbursed by the Carrier on
account of such shipment.
The Carrier may extend Due-Bill
privileges to Shippers.
When such Due-Bill privileges are granted, all freight and
charges must be paid within ten
(10) calendar days from
the date of invoice.
For the purposes of this rule,
the term Freight Charges
used herein shall refer to commodity freight rates and all
rates and charges contained in
this tariff or any other
Tariff governing this
Tariff. However, the term Freight
Charges shall exclude Terminal Receiving
Charges (TRC) for
CFS and CY shipments as set forth
in Rule 23 of this
Tariff, which shall be referred
to as Charges.
Rates and charges contained
within this tariff are
expressed in United States
currency and have been
determined with due consideration
for the relationship to
foreign currencies. In the event to any material change
in this relationship, the Carrier
reserves the right to
adjust its rates in conformity with any National or Local
Law, so as to remove any adverse
effect. The determining
rate of exchange shall be based
on the day of receipt of
cargo by the Carrier, in
accordance with Rule 3.
Rule 8
Bill of Lading Terms and Conditions
effective
date = 01Apr2011
1. DEFINITIONS
A. "Carrier" means
STIEGLER SHIPPING COMPANY, INC. doing
business as TIDE LINE.
B. "Merchant" means the
Shipper, Consignor, the Receiver,
the Consignee, the Owner of the
Goods, and any other Holder
of this Bill of Lading.
C. "Goods" means the cargo
received from the Shipper and
includes any Container(s)
supplied by or on behalf of any
other than the Carrier.
D. "Container" means
any container, flat, pallet, or other
form of cargo carrying unit or
equipment referred to on the
face hereof, or in or on which
any Goods may be unitized or
otherwise packed or stowed when
received by the carrier for
carriage hereunder or subsequent
to such receipt.
E. "The Internal Law of a
State" shall be deemed to exclude
all principles of private
international law applied by such
state.
2. CONTRACTING PARTIES
The contract evidenced by this Bill of Lading is between the
Shipper and the Carrier. The
Shipper warrants to the
Carrier that he is entitled
and/or is duly authorized by
any other person who owns or is
entitled to possession of
the Goods, or this Bill of
Lading, and to deliver the Goods
to the Carrier on the terms
hereof. Without prejudice to
the foregoing, each merchant
agrees to accept this Bill of
Lading from the Carrier and also
to accept endorsement or
delivery hereof from the Shipper,
Consignee or any other
prior endorsee or holder and or
deliveree of the Goods. The
Merchant confirms, ratifies and
agrees to be bound by all
of the stipulations, exceptions
and conditions stated
herein whether written, printed,
stamped or otherwise
incorporated on the front or back
hereof and that the
contract contained or evidenced herein
shall be fully
binding between the Carrier and
such Merchant in all
respects. Each Merchant also
agrees that all agreements
previously made for the carriage
of the Goods are
superseded by the contract
contained or evidenced herein.
3. SUB-CONTRACTING
The Carrier shall be entitled to
sub-contract on any terms,
the whole, or any part of the
carriage, loading, storing,
warehousing, handling and any and
all duties whatsoever
undertaken by the Carrier in
relation to the Goods. The
Merchant undertakes that no
claims or allegation shall be
made against any servant, agent,
or Sub-Contractor,
including without limiting the
generality of the foregoing
terminal and depot operators and
stevedores of the Carrier
which imposes or attempts to
impose upon any of them or any
vessel owned by any of them, any
liability whatsoever in
connection with the Goods, and,
if any such claim or
allegation should nevertheless be
made to indemnify the
Carrier against all consequences
thereof. Without prejudice
to the foregoing every such
servant, agent, and
sub-contractor, including the
generality of the foregoing
terminal and depot operators and
stevedores, shall have the
benefit of all provisions herein
benefitting the Carrier as
if such provisions we expressly
for their benefit, and
entering into this Contract, the
Carrier to the extent of
those provisions, does so not
only on its own behalf, but as
agen and trustee for such
servants, agents, and
Sub-Contractors including
withoutlimiting the generality of
the foregoing terminal and depot
operators and Stevedores.
The expression
"Sub-Contractor" in this clause shall
include direct and indirect
Sub-Contractors and their
respective Servants and Agents.
4. SCOPE
The Goods may, at the Carriers
absolute discretion, be
carried as a single or several
shipments by the Vessel and
or any other means of transport
and through any route
whatsoever whether or not such
route is direct, advertised
or customary route. Any action
taken by the Carrier under
this clause or delay resulting
therefrom shall be deemed to
be included within the
contractual carriage and shall not
be a deviation. Should the
Carrier be held liable in
respect of such action, the Carrier
shall be entitled to
the full benefit of all
privileges, rights and immunities
contained in this Bill of Lading.
5. CARRIERS RESPONSIBILITY
A. CLAUSE PARAMOUNT
a) Subject to clause 15 below,
this Bill of Lading insofar
as it relates to sea carriage by
any vessel whether named
herein or not shall have effect
subject to the Hague Rules
or any legislation making such
Rules or the Hague-Visby
Rules compulsorily applicable
(such as COGSA) to this Bill
of Lading and the provisions of
the Hague Rules or
applicable legislation shall be
deemed incorporated herein.
The Hague Rules (or COGSA) shall
apply to the carriage of
Goods by inland waterways and
reference to carriage by sea
in such Rules or legislation
shall be deemed to include
reference to inland waterways. If
and to the extent that the
provisions of the Harter Act of
the United States of
America 1893 would otherwise be
compulsorily applicable to
regulate the Carriers
responsibility for the Goods during
any period prior to loading on or
after discharge from the
vessel the Carriers
responsibility shall instead be
determined by the provisions of
5(C) below, but if such
provisions are found to be
invalid such responsibility
shall be subject to COGSA.
b) The Carrier shall be entitled
to (and nothing in this
Bill of Lading shall operate to
deprive or limit such
entitlement) the full benefit of,
and rights to, all
limitations and exclusions of liability and all rights
conferred or authorized by any
applicable law, statute or
regulation of any country
(including, but not limited to,
where applicable any provisions
of sections 4281 to 4287
inclusive of the Revised Statutes
of the United States of
America and amendments thereto
and where and without
prejudice to the generality of
the foregoing also any law,
statute or regulation available
to the Owner of the
vessel(s) on which the Goods are
carried.
B. PORT TO PORT SHIPMENT
The responsibility of the Carrier
is limited to that part of
the Carriage from and during
loading onto the vessel up to
and during discharge from the
vessel and the Carrier shall
not be liable for any loss or
damage whatsoever in respect
of the Goods or for any other
matter arising during any
other part of the Carriage even
though Charges for the
whole Carriage have been charged
by the Carrier. The
Merchant constitutes the Carrier
as agent to enter into
contracts on behalf of the
Merchant with others for
transport, storage, handling or
any other services in
respect of the Goods prior to
loading and subsequent to
discharge of the Goods from the
Vessel without
responsibility for any act or
omission whatsoever on the
part of the Carrier or others and
the Carrier may as such
Agent, enter into contracts with
others on any terms
whatsoever including terms less
favorable than the terms in
this Bill of Lading.
C. COMBINED TRANSPORT
Save as is otherwise provided in
this Bill of Lading, the
Carrier shall be liable for loss
of or damage to the Goods
occurring from the time that the
Goods are taken into his
charge until the time of delivery
to the extent set out
below.
a) Where the stage of Carriage
where the loss or damage
occurred cannot be proved:
(i) The Carrier shall be entitled
to rely upon all
exclusions of liability under the
Rules or legislation that
would have applied under5(A)(a)
above had the loss or damage
occurred at sea or, if there was no carriage by sea, under
the Hague Rules (or COGSA).
(ii) Where under (I) above, the
Carrier is not liable in
respect of some of the factors
causing the loss or damage,
he shall only be liable to the
extent that those factors
for which he is liable have
contributed to the loss or
damage.
(iii) Subject to 5(D)(c) below,
where the Hague Rules (or
any legislation applying such Rules or Hague-Visby Rules
such as COGSA)is not compulsorily
applicable the Carriers
liability shall not exceed US
$2.00 per kilo of the gross
weight of the Goods lost, damaged
or in respect of which
the claim arises or the value of
such Goods, whichever is
the lesser.
iv) The value of the Goods shall
be determined according to
the commodity exchange price at
the place and time of
delivery to the Merchant or at the place and time when they
should have been so delivered,
or, if there is no such
price, according to the current
market price by reference
to the normal value of the Goods
of the same kind and
quality, at such place and time.
b) Where the stage of Carriage
where the loss or damage
occurred can be proved:
(i) The liability of the Carrier
shall be determined by the
provisions contained in any
international convention or
national law of the country which
provisions
(ii) cannot be departed from by
private contract to the
detriment of the Merchant, and
(iii) would have applied if the
Merchant had made a separate
and direct contract with the
Carrier in respect of the
particular stage of Carriage where
the loss or damage
occurred and had received as
evidence thereof any
particular document must be
issued in order to make such
international convention or
national law applicable.
(iv) where neither (I) or (II)
above apply any liability or
the Carrier shall be determined
by 5(C)(a) above.
D. GENERAL PROVISIONS
a) DELAY, CONSEQUENTIAL LOSS
Save as otherwise provided
herein, the Carrier shall in no
circumstances be liable for
direct, indirect or
consequential loss or damage by
delay or any other cause
whatsoever and howsoever caused.
Without prejudice to the
foregoing, if the Carrier is found liable for delay,
liability shall be limited to the
freight applicable to the
relevant stage of the transport.
b) PACKAGE OR SHIPPING UNIT
LIMITATION
Where the Hague Rules or any
legislation making such Rules
compulsorily applicable (such as
COGSA) to this Bill of
Lading apply, the Carrier shall
not, unless a declared value
has been noted in accordance with
(c) below, be or become
liable for any loss or damage to
or in connection with the
Goods in an amount per package or
shippimg unit in excess
of the package or shipping unit
limitationas laid down by
such Rules or legislation. Such limitation amount
according
to COGSA is US$500. If no
limitation amount is applicable
under such Rules or legislation,
the limitation shall be
US$500.
c) AD VALOREM DECLARED VALUE OF PACKAGES OR SHIPPING UNIT
The Carriers liability may be
increased to a higher value by
a declaration in writing of the
value of the Goods by the
shipper upon delivery to the
Carrier of the Goods for
shipment. Such higher value being
inserted on the front of
this Bill of Lading in the space
provided for and, if
required by the Carrier, extra
freight paid in such case.
If the actual value of the Goods
shall exceed such declared
value, the value shall
nevertheless be deemed to be the
declared value and the Carriers
liability if any, shall not
exceed the declared value and any
partial loss or damage
shall be adjusted pro-rata on the
basis of such declared
value.
d) DEFINITION OF PACKAGE OR
SHIPPING UNIT
Where a Container is used to
consolidate Goods and such
Container is stuffed by the
Carrier, the number of packages
or shipping units stated on the
face of this Bill of Lading
in the box provided shall be
deemed the number of packages
or shipping units for the purpose
of any limit of liability
per package or shipping unit
provided in any international
convention or national law
relating to the Carriage of Goods
by sea. Except as aforesaid the
Container shall be
considered the package of shipping unit. The words
"shipping unit" shall
mean each physical unit or piece of
cargo not shipped in a package,
including articles and
things of any description
whatsoever, except Goods shipped
in bulk, and irrespective of the
weight or measurement unit
employed in calculating freight
charges. As to Goods
shipped in bulk the limitation
applicable thereto shall be
the limitation provided in such
convention or law which may
be applicable and in no such
event shall anything herein be
construed to be a waiver
limitation as to Goods shipped in
bulk.
e) RUST, ETC.
It is agreed that superficial
rust, oxidation or any like
condition due to moisture in not
a condition of damage but
is inherent to the nature of the
Goods and acknowledgement
of receipt of the Goods in
apparent good order and
condition is not a re
presentation that such conditions of
rust, oxidation or the like did
not exist on receipt.
f) NOTICE OF LOSS OR DAMAGE
The Carrier shall be deemed prima
facia to have delivered
the Goods as described in this
Bill of Lading unless notice
of loss or damage to the Goods
indicating the general
nature of such loss or damage
shall have been given in
writing to the Carrier or to his
representative at the
place of delivery before or at
the time of removal of the
Goods into the custody of the
person entitled to delivery
thereof under this Bill of Lading
or, if the loss ordamage
is not apparent within three
consecutive days thereafter.
g. TIME-BAR
The Carrier shall be discharged
of all liability unless suit
is brought in the proper forum and written notice thereof
received by the Carrier within
nine months after delivery
of the Goods or the date when the
Goods should have been
delivered. In the event that such
time period shall be
found contrary to any convention
or law compulsorily
applicable, the period prescribed
by such convention or law
shall then apply but in that
circumstance only.
6. DEFENSES AND LIMITS FOR THE
CARRIER
The defenses and limits of
liability provided for in this
Bill of Lading shall apply in any
action against the Carrier
for loss of or damage to the
Goods or whether the action be
founded in the Contract or in
tort.
7. SHIPPER PACKED CONTAINERS
A. The terms of this Bill of
Lading shall govern the
responsibility of the Carrier in
connection with or arising
out of the supplying of a
Container to the Merchant, whether
before, or after the Goods are
received by the Carrier for
transportation or delivered to
the Merchant.
B. If a container has not been
filled, packed, stowed,
stuffed, or loaded by the
Carrier, the Carrier shall not be
liable for loss or damage to the
contents, and the Merchant
shall indemnify the Carrier
against any injury, loss,
damage, liability, or expense
incurred by the Carrier if
such injury, loss, damage
liability, or expense has been
caused by:
a) the manner in which the
Container has been filled,
packed, stowed, stuffed, or loaded, or,
b) the unsuitability of the
contents for carriage in
Containers, or,
c) the unsuitability or defective
condition of the container
which would have been apparent
upon reasonable inspection
by the Merchant, at, or prior to the time the Container
was filled, packed, stowed,
stuffed, or loaded.
C. If a Container which has not
been filled, packed,
stowed, stuffed, or loaded by the
Carrier, is delivered by
the Carrier with its seals
intact, such delivery shall be
deemed as full and complete
performance of the Carriers
obligation hereunder, and the
Carrier shall not be liable
for any loss of, or damage to the
contents of the
Container.
D. The Shipper shall inspect the
Container(s) before
stowing them and the use of the
container(s) shall be prima
facie evidence of their being
sound and suitable for use
for transportation of the Goods.
8. INSPECTION OF GOODS
The Carrier shall be entitled,
but under no obligation, to
open any Package or Container at
any time and to inspect the
contents thereof. If it thereupon
appears that the contents
or any part thereof cannot safely
or properly be carried or
carried further, either at all,
or without incurring any
additional expense or taking any
measures in relation to
such Package or Container, or its
contents, or any part
thereof, the Carrier may abandon
the transportation thereof
and or take any measures and or
incur any reasonable
expense to carry or to continue
the carriage or to store
the same ashore or afloat under
cover or in open, at any
place, which storage shall be
deemed to constitute due
delivery under this Bill of
Lading. The Merchant shall in
demnify the Carrier against any
reasonable additional
expense so incurred.
9. Representations
No representations are made by
the Carrier as to the weight,
contents, measure, quantity,
quality, description,
conditions, marks, numbers, or
value of the Goods and the
Carrier shall be under no
responsibility whatsoever in
respect of such description
particulars.
10. SHIPPERS RESPONSIBILITY
A. The Shipper warrants to the
Carrier that the particulars
relating to the Goods as set out overleaf have been checked
by the Shipper upon receipt of
this Bill of Lading, and
that such particulars furnished
by, or on behalf of the
Shipper are correct.
B. The Shipper shall indemnify the Carrier against all
loss,
damage or expenses arising, or
resulting from inaccuracies
or inadequacy of such
particulars, unsuitability of the
contents for carriage in Containers,
or,
C) the unsuitability or defective
condition of the
container which would have been
apparent upon reasonable
inspection by the Merchant, at,
or prior to the time the
Container was filled, packed,
stowed, stuffed, or loaded.
11. FREIGHT AND CHARGES
A. The Merchants attention is
drawn to the stipulations
concerning curren- cy in which
the freight and charges are
to be paid, rate of exchange,
devaluation, and other
contingencies relative to freight
and charges in the
Carriers applicable Tariff.
B. The freight has been
calculated on the basis of
particulars furnished by, or on
behalf of the Shipper. The
Carrier may at any time open any
Container or other Package
or Unit in order to re-weigh,
re-measure, re-classify, or
re-value the contents, and if the
particulars furnished by
or on behalf of the Shipper are
incorrect, it is agreed that
a sum equal to the difference
between the correct freight
charged shall be payable by the
Merchant to the Carrier.
C. Charges shall be deemed fully
earned on receipt of the
Goods by the Carrier and shall be
paid and non-returnable
in any event.
12. LIEN
A. The Carrier shall have a lien
on the Goods and any
documents relating thereto for
all sums payable to the
Carrier under this Contract and
for general average
contributions to whomsoever due
and for all sums payable to
the Carrier under this Contract and for that purpose shall
have the right to sell the Goods
by Public Auction or
private treaty without notice to
the Merchant. If on sale
of the Goods the proceeds fail to
cover the amount due and
the cost incurred, the Carrier
shall be entitled to recover
the deficit from the Merchant.
B . If the Goods are unclaimed
during a reasonable time, or
whenever in the Carriers opinion,
the Goods will become
deteriorated, decayed, or
worthless, the Carrier may at his
discretion and subject to his
lien and without any
responsibility attaching to him,
sell, abandon, or otherwise
dispose of the Goods at the sole
risk and expense of the
Merchant.
13. MATTERS AFFECTING PERFORMANCE
A. Means of transportation: The
Carrier may, while remaining
fully liable, use, or substitute
any vessel, or other means
of transportation to fulfill its
obligations under this
Bill of Lading without giving
notice to,or without
obtaining the express consent of
the Merchant.
B. Sub-contracting: The Carrier, while remaining fully
liable to fulfill its obligations
under this Bill of Lading,
shall be entitled to sub-contract
on any terms, to any
person or entity it may choose,
for all or any part of said
obligations, with out notice to,
or without the express
consent of the Merchant.
C. If at any time the performance
of the contract evidenced
by this Bill of Lading is likely
to be affected by any
hindrance, risk, delay,
difficulty or disadvantage of
whatsoever kind which cannot be
avoided by the exercise of
reasonable endeavors, the Carrier
(whether or not the
transport has commenced) may
without notice to the Merchant,
treat the performance of this
Contract terminated and place
the Goods or any part of them at
the Merchants disposal at
any port or place whatsoever
which the Carrier may consider
safe and advisable in the
circumstances where upon the
responsibility of the Carrier in
respect of such Goods
shall cease. The Carrier will
nevertheless be entitled to
full freight and charges on Goods received for
transportation, and the Merchant
shall pay any additional
costs of carriage to and delivery
for transportation at
such port or place.
D. The circumstances referred to
in sub-clause C above,
shall include, but not be limited
to, those caused by the
existence of apprehension of war,
declared or undeclared,
hostilities, warlike or
belligerent acts or operations,
riots, civil commotion, political
unrest, or other
disturbances; closure of,
obstacles in or danger to any
canal, blockade of port or place
or interdict or prohibition
of or restriction on commerce or
trading; quarantine,
sanitary or other similar
regulations or restrictions;
strikes, riots, lockouts or other
labour troubles, whether
partial or general and whether or
not involving employees
of the Carrier or his
Sub-Contractors; congestion of port
wharf, sea terminal, or any other
handling of the Goods;
epidemics or diseases; bad
weather, shallow water, ice,
landslide, or other obstacle in
navigation or haulage.
14. DANGEROUS GOODS
A. The Merchant undertakes not to
tender for transportation
any Goods which are dangerous,
inflammable, radio-active,
or of damaging nature, without
previously giving written
notice to the Carrier and marking
the Goods and the
Container or other covering on
the outside as required by
any laws or regulations which may
be applicable during
carriage. The Carrier or the
Master may however, in their
absolute discretion, reject any
such cargo.
B. If the requirements of
sub-clause A are not complied
with, the Goods may, at any time
or place, be unloaded,
destroyed or rendered harmless
without compensation and the
Merchant shall indemnify the
Carrier against all loss,
damage, or expense arising out of
the Goods being tendered
for transportation or handled, or
carried by the Carrier.
Further, the Carrier shall be
under no liability to make any
general average contribution in
respect of such Goods.
C. If the Goods of dangerous,
inflammable, radio-active or
damaging nature which were
tendered in compliance with
sub-clause A, shall become a
danger to the Vessel, cargo,
or any other property or person,
such Goods may in like
manner, be unloaded, destroyed,
or rendered harmless
without compensation and the
Merchant shall indemnify the
Carrier against all loss, damage,
or expense which the
Carrier could not avoid by the
exercise of reasonable
diligence, but incurred as a
result of the Carriage of such
Goods.
15. OPTIONAL STOWAGE, DECK CARGO
AND LIVESTOCK
A. The Goods may be stowed by the
Carrier in Containers or
similar articles of transport
used to consolidate goods.
B. Goods stowed in Containers,
whether by the Carrier or by
the Merchant, may be carried on
deck or under deck without
notice to the Merchant unless on
the face hereof it is
specifically stipulated that the
Containers will be carried
under deck, and if carried on
deck, the Carrier shall not be
required to note, mark or stamp
on the Bill of Lading any
statement of such on deck
carriage. Such Goods (other than
livestock) whether carried on
deck or under deck and
whether or not stated to be
carried on deck shall
participate in general average
and shall be deemed to be
within the definition of Goods
for purpose of the Hague
Rules or similar provisions of
any other Acts which may be
applicable.
16. REGULATIONS RELATING TO GOODS
The Merchant shall comply with
all regulations or
requirements of Customs, port and
other Authorities, and
shall bear and pay all duties,
taxes, fines, imposts,
expenses, or losses incurred or
suffered by reason thereof,
or any illegal, incorrect or
insufficient marking,
numbering, or addressing of the
Goods, and indemnify the
Carrier in respect thereof.
17. GENERAL AVERAGE
General average shall be adjusted
at any port or place at
the option of the Carrier in
accordance with the
York-Antwerp Rules, 1974. If the
Carrier delivers the Goods
without obtaining security for
general average
contributions, the Merchant, by taking delivery of the
Goods, undertakes personal
responsibility to pay such
contributions and to provide a
cash deposit or other
security for the estimated amount
of such contributions as
the Carrier shall reasonably
require.
18. VARIATION OF THE CONTRACT,
ETC.
No servant or agent of the
Carrier shall have the power to
waive or vary any terms of the Bill
of Lading unless such
waiver or variation is in writing
and is specifically
authorized or ratified in writing
by the Carrier in this
connection.
19. NEGOTIABILITY
A. This Bill of Lading shall be non-negotiable unless made
out "to order", in
which event it shall be negotiable and
shall constitute title to the
Goods and the holder shall be
entitled to receive or transfer
the Goods herein described.
B. This Bill of Lading shall be
prima facie evidence of the
taking in charge by the Carrier
of the Goods as herein
described. However, proof to the
contrary shall not be
admissible when this Bill of Lading has been negotiated, or
transferred for valuable
consideration to a third party
acting in good faith.
20. CARRIERS TARIFF
The provisions of the Carriers
applicable Tariff, if any,
are incorporated herein. Copies
of such provisions are
obtainable from the Carrier or
his Agents upon request, or
where applicable, from a
government body with whom the
Tariff has been filed. In the case of inconsistency this
Bill of Lading and the applicable
Tariff, this Bill of
Lading will prevail.
Rule 9
Freight Forwarder Compensation
effective date = 01Apr2011
Not applicable.
Rule 10
Surcharges
effective
date = 01Apr2011
Not applicable.
Rule 11
Mininum Quantity Rates
effective
date = 01Apr2011
When two or more TRIs are stated
for the same commodity over
the same route and under similar
conditions, and the
application is dependent upon the
quantity of the commodity
shipped, the total freight
charges assessed against the
shipment may not exceed the total
charges computed for a
larger quantity, if the TRI
specifying a required minimum
quantity (either weight or
measurement, per container or in
containers) will be applicable to
the contents of the
container(s), and if the minimum
set forth is met or
exceeded. At the shippers option,
a quantity less than the
minimum level may be freighted at
the lower TRI if the
weight or measurement declared
for rating purposes is
increased to the minimum level.
Rule 12
Ad Valorem
effective
date = 01Apr2011
The liability of the Carrier as to the value of the shipment
at the rates herein provided
shall be determined in
accordance with the clauses of
the Carriers regular Bill of
Lading.
If the shipper desires to be
covered for a valuation in
excess of that allowed by the
Carriers regular bill of
lading form, the Shipper must so
stipulate in Carriers Bill
of Lading covering such shipments
and such additional
liability only will be assumed by
the Carrier at the
request of the Shipper upon
payment of an additional charge
based on the total declared
valuation in addition to the
stipulated rates applying on the
commodities shipped as
specified herein.
Where value is declared on any
piece or package in excess
of Bill of Lading limit of value,
the Ad Valorem rate,
unless specifically provided
against the item, shall be
five (5%) percent of the value
declared in excess of the
said Bill of Lading limit of
value and it is in addition to
the base rate.
Rule 13
Reserved
effective
date = 01Apr2011
This rule intentionally left
blank.
Rule 14
Co-Loading
effective
date = 01Apr2011
The Carrier, may tender cargo to
other NVOCCs [co-loading]
rather than tender cargo directly
to a vessel operating
common carrier [vocc] for ocean
transportation in order to
obtain the most cost effective
and/or timely routing of its
cargo. When the carrier co-loads its cargo [as defined
under article 580.5(c)(14)(i) of
Title 46 CFR] the tendering
carrier shall state on the face
of its bill of lading the
following notation:
Co-loaded with [insert name of
NVOCC receiving co-loaded
cargo].
The tendering of cargo to another
NVOCC for co-loading
does not increase, reduce, alter
or remove Carriers
liability for the cargo as stated
in the Carriers bill
of lading issued at the time of
shipment [see Rule 8].
The shipment declared on the
carriers bill of lading
shall apply the rates and charges
as named in the rate
section of this tariff. The shipper and/or consignee
shall be liable to the carrier
for the freight and
charges applied for their
shipment. The receiving NVOCC
shall issue its bill of lading
covering the shipment and
will apply the applicable rates
and charges named in its
tariff for the transportation
and/or other services
performed by the receiving
carrier or its authorized
representative[s].
The Carrier shall accept shipments for transportation
from
NVOCCs for co-loading subject to
the following conditions:
a) Tendering NVOCC shall issue
its own Bill of Lading for
each shipment to cover its
relationship with its Shipper.
b) Tendering NVOCC shall furnish
the Carrier with a manifest
which shall include the
descriptions of the individual
commodities with their respective
weights, measurements,
markings, and piece counts.
c) Freight Forwarder Compensation
shall
not be paid for commodities
shipped under this rule.
d) Tendering NVOCC shall furnish
carrier with documented
proof of compliance with Title 46
CFR
Part 83 and as required under
Rule 25 of this Tariff.
Rule 15
Force Majeure
effective
date = 01Apr2011
Without prejudice to any rights or privileges of the Carrier
under covering Bill of Lading,
Dock Receipts, Booking
Contracts or applicable
provisions of law, in the event the
Carrier operations are affected
by any event of a Force
Majeure nature, the Carrier
reserves the right to cancel any
outstanding booking or contract
of carriage, or to route
cargo by any other means of
transportation whether by all-
water, air-water, or land-water
in accordance with rules,
regulations, rates, and charges
established in or governed
by this tariff that would have
applied in the absence of a
majeure condition.
Examples of Force Majeure events include but are not limited
to the following:
War, hostilities, warlike
operations, riots, civil
insurrections, embargoes,
blockades, port congestion,
strikes, imminent strikes,
lockouts or harbor disturbances,
widespread electrical power
failures affecting port
operations,
Acts of God including
earthquakes, extreme weather
conditions, or other natural
catastrophes,
Regulations of any governmental
authority pertaining
thereto, or any other official
interference with commercial
intercourse.
Actual routing of the cargo is
subject to bill of lading
provisions
Rule 16
Hazardous Cargo
effective
date = 01Apr2011
Dangerous articles (as defined
under U.S. Code of Federal
Regulations Title 49 and/or the
Intergovernmental Maritime
Dangerous Goods Code IMDG), may
only be accepted for
carriage when commodities meet
shipping specifications as
set forth under 46 CFR, 49 CFR
and/or IMDG, and where found
to be suitable for transportation
by vessel owners or vessel
operators. Shippers and/or Forwarders offering any
hazardous cargo for shipment must
furnish the Carrier with
complete information regarding
such hazardous materials
before cargo is accepted for
transportation. The Carrier
may, at its option, decline
carriage of any hazardous
material where a conflict in
stowage is present.
Explosives shall not be accepted for transportation by the
Carrier under this Tariff.
Rule 17
Green Salted Hides
effective
date = 01Apr2011
The shipping weight for green salted
hides shall be either a
scale weight or a scale weight
minus a deduction, which
amount and method of computation
are specified in the
commodity description. The
shipper must furnish the Carrier
a weight certificate or dock
receipt from an inland common
carrier for each shipment at or
before the time the
shipment is tendered for ocean
transportation.
Rule 18
Returned Cargo
effective
date = 01Apr2011
Return shipments of refused,
damaged or rejected shipments,
or exhibits at trade fairs, shows
or expositions, to port of
origin at the TRI assessed on the
original movement, and
such TRI is lower than the prevailing TRI:
(1) The return shipment must
occur within one (1) year;
(2) The return movement must be
made over the line of
the same common carrier performing
the original
movement; and
(3) A copy of the original bill
of lading showing
the rate assessed must be
presented to the return
common carrier.
Rule 19
Shipper Requests
effective
date = 01Apr2011
Any Shipper may file a request or
complaint with the Carrier
by submitting a written statement
thereof to the Carrier.
Upon receipt of the statement,
the Carrier will process the
request or complaint for
consideration, reach a decision
and notify the Shipper of its
decision in writing.
Any request for establishment or alteration
of Tariff Rate
Items shall be submitted in
writing to the Carrier at the
Carriers principal office as
listed in the Carrier's Tariff
Record by mail or facsimile.
Rule 20
Overcharge Claims
effective
date = 01Apr2011
Shippers or Consignees may file
claims for the refunds of
freight overcharges resulting
from errors in weight,
measurement, cargo description,
or tariff application.
Claims are to be forwarded to
Carriers principal office as
listed in the Carrier's Tariff
Record.
Claims seeking the refund of
freight overcharges may be
filed in the form of a complaint
with the Federal Maritime
Commission, Washington, D.C.
20573, pursuant to section
11(g) of the Shipping Act, 1984.
Such claims must be filed
within three years of the date
the cause of action accrues.
Claims for the freight rate
adjustments filed in writing
will be acknowledged by the
Carrier within twenty days of
receipt by written notice to the
Claimant of the Tariff
provisions actually applied and
Claimants rights under
shipping act, 1984.
All claims must include, at a
minimum, the following
original or certified documents
in support of the claim:
1. Carrier's Bill of Lading
2. Commercial Invoice
3. Packing List
4. Customs Export and/or Customs
Entry Permit/Import
Declaration, as applicable
Rule 21
Use of Carrier Equipment
effective
date = 01Apr2011
Not applicable.
Rule 22
Automobile Rates in Domestic Offshore Commerce
effective
date = 01Apr2011
This rule intentionally left
blank.
Rule 23
Carrier Terminal Rules and Charges
effective
date = 01Apr2011
Not Applicable.
Rule 24
NVOCC Bonds and Agents
effective
date = 01Apr2011
The Carrier has ensured financial responsibility for payment
of any judgment for damages
arising from its
transportation-related
activities, or order for reparations
issued pursuant to The Shipping
Act of 1984 as amended and
The Ocean Shipping Reform Act of
1998 as amended, with the
following:
Bond Number: 90494
Surety company: Navigators
Insurance Company
One Penn Plaza
New York, NY 10119
Rule 25
Certification of Shipper Status in Foreign Commerce
effective
date = 01Apr2011
This rule intentionally left
blank.
Rule 26
Time/Volume Rates
effective
date = 01Apr2011
Not applicable.
Rule 27
Loyalty Contracts
effective
date = 01Apr2011
Not applicable.
Rule 28
Definitions
effective
date = 01Apr2011
BASE PORT:
Means the destination port to
which tariff rates generally
apply and which is used as the
base point for determining
the application of outport
arbitraries.
BOXCAR:
A railroad boxcar as defined in
the Official Railway
Equipment Register.
CARGO, NOS
Means COMMODITIES NOT OTHERWISE SPECIFIED
in individual
commodity items.
CARRIER:
Means INTERNATIONAL FREIGHT
SERVICES, INC.
CHASSIS:
Means a wheeled assembly, with or
without chassis,
constructed to accept mounting of a demountable trailer
body, container or flexi-van.
COFC:
Means container on flat car rail
service in which container
without chassis, bogies, or
wheels are loaded on rail cars.
COFC RAIL CARRIERS TERMINALS:
Rail Carriers terminal at which
both COFC and TOFC
containers can be handled.
CONSIGNEE:
Means the person, firm or
corporation shown on the Bill of
Lading as the receiver of the
property transported by the
Carrier.
CONSIGNOR:
Means the person, firm or
corporation shown on the Bill of
Lading as the shipper of the
property received by the
carrier for transportation.
CONTAINER DEPOT (CD):
Means a location designated by an
ocean carrier where the
ocean carrier or his authorized
agents makes available empty
containers to shippers or inland
carriers.
CONTAINER OR TRAILER:
Means a single, rigid
non-disposable dry cargo, insulated
temperature or atmosphere
controlled box, flatrack, vehicle
rack, open top with or without
wheels or bogies; a trailer
means a flatbed truck or
trailers. The term trailer may be
used interchangeably with the
term container.
CONTAINER YARD (Y):
A location designated by an ocean
carrier at origin or
destination ports where:
1. the ocean carrier or his
authorized agent assembles,
holds, or stores containers
and chassis,
2. where loaded containers are
received from shippers;
containers are received from
shippers; delivered to
consignees; or interchanged
from rail or motor carriers,
and
3. where empty containers may
be picked up by shippers or
returned by consignees or
interchanged to rail or
motor carriers.
Y AND S CARGO:
1. CY Cargo is that cargo
loaded into or unloaded from
transport equipment by a
shipper or consignee
outside of carriers terminal
facility.
2. CFS Cargo is that cargo
tendered to or received from a
carrier at his terminal and loaded into or unloaded
from transport equipment by
the Carrier.
DAY:
Means a twenty-four (24) hour
period beginning at 12:01 A.M.
and ending at 12:00 P.M.
DELIVERY ORDER:
Means a document issued by the
Carrier or its agent
authorizing the terminal operator
to release all or
apportion of a shipment to a
Consignee or his authorized
agent. More than one Delivery
Order may be issued on a
single shipment and/or Bill of
Lading.
DIVERSION:
Means a change in Consignee,
destination or route.
DRY CARGO:
Means Cargo other than that
requiring temperature control,
atmosphere control or bulk cargo.
HOLIDAYS:
Means New Years Day, Washingtons
Birthday, Independence Day,
Memorial Day, Labor Day, Veterans Day, Thanksgiving Day,
and Christmas Day - all U.S.
holidays.
KILO TON:
Means 1,000 kilograms.
LABEL CARGO:
Label cargo shall be understood
to include all commodities
requiring a Hazardous Goods label
in accordance to the
provisions of the International
Maritime Dangerous Goods
Code as issued by the
International Maritime Organization
(IMO).
LOADING PORT:
Means an origin port regularly
served by the Carrier from
which tariff rates generally
apply and which is used as the
basing point for application of
non loading charges.
MIXED SHIPMENT:
Means a shipment consisting of
articles described in and
rated under two or more rate
items of this Tariff.
MOTOR CARRIER:
Means participating motor carrier
or motor carriers.
MOTOR SERVICE:
The movement of cargo via a motor
carrier to an interchange
port with an ocean carrier. Motor service within a
Commercial Zone (CZ) to or from a
rail ramp or to a pier is
not motor service within the
meaning of this definition.
MOTOR-RAIL SERVICE:
Means the movement of cargo by
motor service to a rail
terminal and then rail service to
the interchange port.
NON-LOADING PORT:
Means an origin port not
normally, or only irregularly
served by the Carrier.
Non-Vessel-Operating Common
Carrier (NVOCC) means a common
carrier that does not operate the
vessels by which the ocean
transportation is provided, and
is a shipper in its
relationship with an ocean common
carrier.
OCEAN PORT TO OCEAN PORT
SHIPMENT:
The term Ocean Port to Ocean Port
as used in the Tariff
means the transporting of cargo
in containers loaded by the
Shipper and unloaded by the
Consignee, and the container is
received by the Carrier at Carriers Container Yard (CY) at
the port of loading and will be
made available by the
Carrier to the Consignee or his
authorized representative to
receive at Carriers container
yard (Y) at the port of
destination.
ONE COMMODITY:
Means any or all of the articles
described in any one rate
item.
ORDINARY CARGO:
Cargo not requiring hazardous
label (See Rule 16), the use
of a tank container or deep
tanks, or atmosphere or
temperature control, and which is
suitable for carrier in a
dry freight container.
ORIGIN MOTOR TERMINAL (OMT):
A location designated by a motor
carrier at origin points
where:
1. the Motor Carrier or his
authorized agent assembles,
holds, or stores ocean Carriers
containers and chassis;
2. where loaded containers are
received from Shippers or
their agents, and
3. where empty containers are
delivered to Shippers or
their agents.
ORIGIN RAIL TERMINAL (ORT):
A location designated by rail
carrier at origin points
where:
1. the rail carrier or their
authorized agent assembles,
holds, or stores ocean carriers containers and chassis;
2. where loaded containers are
received from shippers or
their agents, or where loaded
containers are interchanged
from motor carriers, and
3. where empty containers are
delivered to shippers or
their agents or where empty
containers are interchanged
to motor carriers.
OUTPORT:
Means a destination port, other
than a Base Port, to which
rates apply but which may be
subject to Outport Arbitraries.
PREPARED:
As referred to in connection to
foods, means further
processed other than cut-up or
frozen. Such further
processing includes but is not
limited to breaded, cooked,
marinated, salted, smoked, dried,
pickled etc.
RAIL CARRIER:
Means participating rail carrier
or rail carriers.
RAIL CARRIERS TERMINAL:
Means the place where loaded or
empty Containers are
received by Rail Carrier or
delivered by Rail Carrier.
RAIL SERVICE:
The movement of cargo via a rail
carrier from a point of
origin to an interchange port
with an ocean carrier.
RAILCAR:
Means rail boxcar, flatcar,
gondola car, hopper car or
refrigerated boxcar as defined in
The Official Railway
Equipment Register.
RATE:
Means the tariff rate including
terms and conditions as may
be published elsewhere in this
tariff or in individual rate
items.
RATE BASIS:
Means the method used for
publishing a tariff rate. A rate
may be expressed as, but not
limited to:
1. Weight (W)
2. Measure (M)
3. Weight or Measure (W/M)
4. Per 20' (PC20)
5. Per 40' (PC40)
6. Per 45' (PC45)
7. Per container (PC)
8. Cartons, lugs, or any other
unit of count or measure
used for determining the
quantity of freight tendered and
may include a minimum weight
or quantity requirement.
SHIPPER:
1. a cargo owner;
2. the person for whose account
the ocean transportation is
provided;
3. the person to whom delivery is
to be made;
4. a shippers association; or
5. an NVOCC that accepts
responsibility for payment of all
charges applicable under the
Tariff or Service Contract.
SHIPMENT:
Means all of the cargo carried
under the terms of a single
bill of lading.
STORE DOOR PICK-UP:
Means the ocean carrier will
provide transportation of cargo
from a shippers place of business
at carriers expense,
under an interchange with a rail
or motor carrier to an
interchange port. The ocean carrier has the right to
exercise complete control over
the selection of inland
carrier(s).
STUFFING, UNSTUFFING:
Means the physical placing of
Cargo into or the physical
removal of cargo from Carriers
Containers.
TOFC:
Means trailer on flat car rail
service in which container on
chassis, bogies, or wheels, are
loaded to rail cars.
TOFC RAIL TERMINAL (T):
Means origin rail carriers
terminals at which only TOFC
containers can be handled.
TARIFF RATE ITEM "TRI":
Means a single freight rate, in
effect on and after a
specific date or for a specific
time period, for the
transportation of a stated cargo
quantity, which may move
from origin to destination under
a single specified set of
transportation conditions, such
as container size or
temperature.
TRI NUMBER:
Means a number that consists of
the numeric commodity code
and a unique numeric suffix used
to differentiate TRIs
within the same commodity
description.
WORKING DAY:
Means that period of each
Calendar day excepting Saturdays,
Sundays and Holidays from 8:00
A.M. to 5:00 P.M.
Rule 29
Symbols and Abbreviations
effective
date = 01Apr2011
Container Size Codes
N/A ..... Not Applicable
LTL ..... Less Than Load
20S...... 20 Ft, 80"
20 ...... 20 Ft, 86"
20A ..... 20 Ft, 90" High
Cube
20B ..... 20 FT, 96" High Cube
20X ..... 20 Ft, Any Height
40S...... 40 Ft, 80"
40 ...... 40 Ft, 86"
40A ..... 40 Ft, 90" High
Cube
40B ..... 40 FT, 96" High
Cube
40X ..... 40 Ft, Any Height
45 ...... 45 Ft, 86"
45A ..... 45 Ft, 90" High
Cube
45B ..... 45 Ft, 96" High
Cube
45S ..... 45 Ft, 80"
45X ..... 45 Ft, Any Height
Container Type Codes
AC ...... Atmosphere Control
AC ...... Collapsible Flatrack
DF ...... Drop Frame
FB ...... Flatbed
FR ...... Flatrack
GC ...... Garment Container
HH ...... Half-Height
HT ...... Hardtop
IN ...... Insulated
N/A ..... Non-Containerized/Not
Applicable
OT ...... Open Top
PC ...... Dry
PL ...... Platform
RE ...... Reefer
TC ...... Tank
TL ...... Top Loader
TR ...... Trailer
VR ...... Vehicle Racks
TEMPERATURE CODES
N/A ..... Not Applicable/Not
Operating
AC ...... Artificial Atmosphere
Control
CLD ..... Chilled
FRZ ..... Frozen
HTD ..... Heated
RE ...... Refrigerated
VEN ..... Ventilated
Measurement Symbols
KM ...... Kilometer
MI ...... Miles
CFT ..... Cubic Feet
CM ...... Centimeters
FT ...... Feet
CBM ..... Cubic Meter
IN ...... Inches
M ....... Meters
KGS ..... Kilograms
KT ...... 1000 KGS (Metric Ton)
LBS ..... Pounds
ST ...... Short Ton (2000 LBS)
LT ...... Long Tons (2240 LBS)
RATE BASIS CODES
W ....... Weight
M ....... Measure
WM ...... Weight/Measure
LS ...... Lump Sum
PC ...... Per Container
AV ...... Ad Valorem
EA ...... Each (Unit As Defined)
MBF ..... 1000 Board Feet
FREIGHT FORWARDER/BROKER TYPE
CODES
N/A ..... Not Applicable
FF ...... FREIGHT FORWARDER
CB ...... Customs House Broker
OTH ..... Other
OTI ..... Ocean Transportation
Intermediary
HAZARD CODES
N/A ..... Not Applicable
A ...... IMD Stow Category A
B ...... IMD Stow Category B
C ...... IMD Stow Category C
D ...... IMD Stow Category D
E ...... IMD Stow Category E
HAZ .... Hazardous
NHZ .... Non-Hazardous
Shipment Service Codes
B ....... Barge
D ....... Door
H ....... House
M ....... Motor
O ....... Ocean Port
P ....... Pier
R ....... Rail Yard
S ....... Container Station
T ....... Terminal
U ....... Rail Siding
X ....... Team Tracks
Y ....... Container Yard
SHIPMENT STOWAGE LOCATION CODES
N/A ..... Not Applicable
OD ...... On Deck
BS ...... Bottom Stowage
STUFFING/STRIPPING MODES
N/A ..... Not Applicable
MECH .... Mechanical
HAND .... Hand
Shipment packaging Codes
N/A ..... Not Applicable
BAG ..... Bag
BAL ..... Bale
BAR ..... Bar
BBL ..... Barrel
BDL ..... Bundle
BEM ..... Beam
BIC ..... Bind Chest
BIN ..... Bin
BLK ..... Bulk
BOB ..... Bobbin
BOX ..... Box
BRG ..... Barge
BSK ..... Basket/Hamper
BUS ..... Bushel
BXI ..... Box, with Inner
Container
BXT ..... Bucket
CAB ..... Cabinet
CAG ..... Cage
CAN ..... Can
CAR ..... Carrier
CAS ..... Case
CBC ..... Containers of Bulk
Cargo
CBY ..... Carboy
CCS ..... Can Case
CHE ..... Cheeses
COR ..... Core
CRD ..... Cradle
CRT ..... Crate
CSK ..... Cask
CTN ..... Carton
CYL ..... Cylinder
DBK ..... Dry Bulk
DRK ..... Double-Length Rack
DRM ..... Drum
DSK ..... Double-Length Skid
DTK ..... Double-Length Tote Bin
FIR ..... Firkin
FLO ..... Flo-Bin
FRM ..... Frame
FSK ..... Flask
FWR ..... Forward Reel
GOH ..... Garment on Hanger
HED ..... Heads of Beef
HGH ..... Hogshead
HPC ..... Hopper Car
HPT ..... Hopper Truck
HRB ..... On Hanger/Rack in Boxes
HRK ..... Half-Standard Rack
HTB ..... Half Standard Tote Bin
JAR ..... Jar
KEG ..... Keg
KIT ..... Kit
KRK ..... Knockdown Rack
KWC ..... Knockdown Wood Crates
KTB ..... Knockdown Tote Bin
LBK ..... Liquid Bulk
LIF ..... Lifts
LOG ..... Log
LSE ..... Loose
LUG ..... Lug
LVN ..... Lift Van
MRP ..... Multi-Roll Pak
NOL ..... Noil
NST ..... Nested
PAL ..... Pail
PCK ..... Packed - NOS
PCS ..... Pieces
PIR ..... Pirns
PKG ..... Package
PLF ..... Platform
PLN ..... Pipe Line
PLT ..... Pallet
POV ..... Private Vehicle
PRK ..... Pipe Rack
QTR ..... Quarters of Beef
RAL ..... Rail (semiconductor)
RCK ..... Rack
REL ..... Reel
ROL ..... Roll
RVR ..... Reverse Reel
SAK ..... Sack
SHK ..... Shook
SID ..... Sides of Beef
SKD ..... Skid
SKE ..... Skid, Elevator, Lift
Truck
SLV ..... Sleeve
SPI ..... Spin Cylinders
SPL ..... Spool
TBE ..... Tube
TBN ..... Tote Bin
TKR ..... Tank Car Rail
TKT ..... Tank Truck
TLD ..... Intermodal
Trailer/Container Load
TNK ..... Tank
TRC ..... Tierce
TRK ..... Trunk and Chest
TRY ..... Tray
TSS ..... Trunk, Salesmen Sample
TUB ..... Tub
UNP ..... Unpacked
UNT ..... Unit
VEH ..... Vehicles
VPK ..... Van Pack
WHE ..... On Own Wheels
WLC ..... Wheeled Carrier
WC ...... Wood Crates
WRP ..... Wrapped
TARIFF TYPE CODES
BL ...... Bill of Lading Tariff
EI ...... Equipment Interchange
Agreement Tariff
ET ...... Essential Terms Tariff
FC ...... Foreign Commodity
Tariff
FR ...... Foreign Rules Tariff
TM ...... Terminal Tariff
SC ...... Service Contracts
Filing/Amendment Type Codes
A....... Increase.
C....... Change resulting in
neither increase nor decrease
in rates or charges.
E....... Expiration (also use A
if the deletion results in
the application of a higher CARGO
NOS or similar rate).
I....... New or Initial matter.
K....... Rate or change filed by
a controlled common carrier
member of a conference under
independent action.
M....... Transportation of U.S.
Department of Defense cargo
by American-flag common carriers.
P....... Addition of a Port or
Point.
R....... Reduction.
S ..... Special Case matter filed
pursuant to Special
Permission, Special Docket or other
Commission direction,
including filing of tariff data
after suspension, such as
for controlled carriers. Requires
"Special Case
Number".
T ..... Terminal Rates, charges
or provisions or canal tolls
over which the Carrier has no
control.
W ..... Withdrawal of an
erroneous filing on the same filing
date.
X ..... Exemption for controlled
carriers data in trades
served exclusively by controlled
carriers or by controlled
carriers states receiving
most-favored-nation treatment.
Abbreviations Used In Tariff
Ad Val .. Ad Valorem - According
to Value (Refer to Rule 12)
AG ...... Atlantic and Gulf Coast
All-Water Service
BL ...... Bill of Lading
BM ...... Board Measure
BDL ..... Bundle
CAF ..... Currency Adjustment
Factor
CBM ..... Cubic Meter
CD ...... Container Depot
CFS ..... Container Freight
Station
COFC .... Container on Flat Car
CTN ..... Carton
CFT ..... Cubic Foot (Feet)
CWT ..... Per Hundred Weight
CY ...... Container Yard
EA ...... Each
F ....... Fahrenheit
FAF ..... Fuel Adjustment Factor
FCL ..... Full Container Load
FEU ..... Forty-foot Equivalency
Unit
FI ...... Free In to Vessel
FIO ..... Free In and Out to
Vessel
FIO ST .. Free in and Out, Stowed
and Trimmed
FO ...... Free Out to Vessel
FR20 .... Per 20 foot Flatrack
Container
FR40 .... Per 40 foot Flatrack
Container
ID ...... Inside Diameter
IPI ..... Interior Point
Intermodal (Inland Points)
JHFMS ... Japan Harbor Fund
Management Surcharge
KD ...... Knocked Down
KDF ..... Knocked Down Flat
Kg(s) ... Kilograms
Kilo(s).. Kilograms
KT ...... 1000 Kilos (Kilo Ton)
LBS ..... Pounds (Avoirdupois)
LCL ..... Less Than Container
Load
LTL ..... Less Than (Container) Load
M or M3 . Measurement Ton of One
Cubic Meter
MBM ..... Thousand Feet Board
Measure
MBS ..... Thousand Feet Brereton
Scale
MIN: .... Subject to the
following minimum:
MLB ..... Mini-Landbridge service
over West Coasts Ports
MLB(AG) . Mini-Landbridge service
over Atlantic or Gulf
Coast Ports
NOS ..... Not Otherwise Specified
NVOCC ... Non-Vessel-Operating
Common Carrier
OD ...... Outside Diameter
OT20 .... Per 20-ft Open Top
Container
OT40 .... Per 40-ft Open Top
Container
PC ...... Per Dry Container
PC20X ... Per 20 foot Container,
of any height
PC40X ... Per 40 foot Container,
of any height
PC45X ... Per 45 foot Container,
of any height
PCS ..... Pieces
PKG(s) .. Package(s)
PL20 .... Per 20' Platform
PL40 .... Per 40' Platform
RF20 .... Per 20' Refrigerated
Container, of any height
RF40X ... Per 40' Refrigerated
Container, of any height
R/T ..... Revenue Ton
SU ...... Set Up
TEU ..... Twenty-foot Equivalency
Unit
TK20 .... Per 20' Tank Container
TOFC .... Trailer on Flat Car
TRC ..... Terminal Receiving
Charge
US ...... United States of
America
USA ..... United States of
America
US$ ..... United States Dollar
VAT ..... Value Added Tax
VIZ. .... Namely
VOCC .... Vessel Operating Common
Carrier
W or WT . Weight Ton of 1000
kilograms
W/M ..... Weight or Measure
WC ...... US West Coast All-Water Service
Rule 30
Access to Tariff Information
effective
date = 01Apr2011
This rule intentionally left
blank.
Rule 31
Seasonal Discontinuance
effective
date = 01Apr2011
Not applicable.
Rule 32
Reserved
effective
date = 01Apr2011
This rule intentionally left
blank.
Rule 33
Project Rates
effective
date = 01Apr2011
Not Applicable.
Rule 34
Terminal Tariff
effective
date = 01Apr2011
Not applicable.
ERROR: Exit
normally: (0)