FMC RULES TARIFF
Rules and regulations published herein apply between United States Atlantic, Gulf, Pacific and Great Lakes Ports, U.S. Territories and Possessions, U.S. Inland Points and Worldwide Ports and Points as specified in Rule 1.A of this tariff:
U.S. ATLANTIC BASE PORTS (ACBP)
New York, NY
U.S. GULF COAST BASE PORTS: (GCBP)
New Orleans, LA
U.S. PACIFIC COAST BASE PORTS: (PCBP)
Port Hueneme, CA
Los Angeles, CA
Long Beach, CA
San Francisco, CA
GREAT LAKES BASE PORTS
Includes Chicago, IL
SUBSTITUTED SERVICE AND INTERMODAL SERVICE
A. SUBSTITUTED SERVICE
This provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the port originally intended.
B. INTERMODAL SERVICE
Carrier will provide through intermodal service via all combinations of air, barge, motor and rail service.
Intermodal Rates will be shown as single-factor through rates as specified in individual NRAs. Carrier’s liability will be determined in accordance with the provisions indicated in their Bill of Lading (Rule 8 herein). Intermodal rates will apply via US Atlantic, Gulf or Pacific Coast Base Ports as specified in the individual NRA of this tariff. Intermodal rates will apply from locations specified in rule 1-B.
Except as otherwise provided this tariff provides rules and regulations between USA Ports and Points, and Worldwide Ports and Points
|AMERICAN SAMOA||ETHIOPIA||LIBERIA||SIERRA LEONE|
|ANGOLA||FALKLAND ISLANDS (ISLAS MALVIN||LIECHTENSTEIN||SOLOMON ISLANDS|
|ANTARCTICA||FEDERATED STATES OF MICRONESIA||MACAU||SOUTH AFRICA|
|ANTIGUA AND BARBUDA||FIJI||MADAGASCAR||SOUTH GEORGIA AND THE SOUTH SA|
|ASHMORE AND CARTIER ISLANDS||FRENCH GUIANA||MALDIVES||SRI LANKA|
|AUSTRALIA||FRENCH POLYNESIA||MALI||ST HELENA|
|AUSTRIA||FRENCH SOUTHERN AND ANTARCTIC||MALTA||ST KITTS AND NEVIS|
|BAHAMAS THE||GABON||MAN ISLE OF||ST LUCIA|
|BAHRAIN||GAMBIA THE||MARSHALL ISLANDS||ST PIERRE AND MIQUELON|
|BAKER ISLAND||GAZA STRIP||MARTINIQUE||ST VINCENT AND THE GRENADINES|
|BASSAS DA INDIA||GIBRALTAR||MAYOTTE||SVALBARD|
|BOLIVIA||GUAM||MOROCCO||TANZANIA UNITED REPUBLIC OF|
|BRITISH VIRGIN ISLANDS||GUINEA BISSAU||NAVASSA ISLAND||TONGA|
|BRUNEI||GUYANA||NEPAL||TRINIDAD AND TOBAGO|
|BURKINA||HEARD ISLAND AND MCDONALD ISLA||NETHERLANDS ANTILLES||TRUST TERRITORY OF THE PACIFIC|
|BURUNDI||HONG KONG||NEW ZEALAND||TURKEY|
|CAMBODIA||HOWLAND ISLAND||NICARAGUA||TURKS AND CAICOS ISLANDS|
|CAPE VERDE||INDIA||NIUE||UNION OF SOVIET SOCIALIST REPU|
|CAYMAN ISLANDS||INDONESIA||NORFOLK ISLAND||UNITED ARAB EMIRATES|
|CENTRAL AFRICAN REPUBLIC||IRAN||NORTHERN MARIANA ISLANDS||UNITED KINGDOM|
|CHILE||IRAQ SAUDI ARABIA NEUTRAL ZONE||OMAN||USA|
|CHRISTMAS ISLAND||ISRAEL||PALMYRA ATOLL||VATICAN CITY|
|COCOS (KEELING) ISLANDS||IVORY COAST||PAPUA NEW GUINEA||VIETNAM|
|COLOMBIA||JAMAICA||PARACEL ISLANDS||VIRGIN ISLANDS|
|COMOROS||JAN MAYEN||PARAGUAY||WAKE ISLAND|
|CONGO||JAPAN||PERU||WALLIS AND FUTUNA|
|COOK ISLANDS||JARVIS ISLAND||PHILIPPINES||WEST BANK|
|CORAL SEA ISLANDS||JERSEY||PITCAIRN ISLANDS||WESTERN SAHARA|
|COSTA RICA||JOHNSTON ATOLL||POLAND||WESTERN SAMOA|
|CYPRUS||JUAN DE NOVA ISLAND||PUERTO RICO||YUGOSLAVIA|
|DOMINICA||KOREA DEMOCRATIC PEOPLES REP||RWANDA|
|DOMINICAN REPUBLIC||KOREA REPUBLIC OF||SAN MARINO|
|ECUADOR||KUWAIT||SAO TOME AND PRINCIPE|
Intermodal through rates applies between points in the U.S. and worldwide destinations.
- Carrier has opted to be exempt from tariff publication requirements pursuant to 46 C.F.R. §520 and 532. In that respect Carrier has opted for exclusive use of Negotiated Rate Arrangements (“NRAs”).
- NVOCC NRA means the written and binding arrangement between an NRA shipper or consignee and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).
- Carrier’s Rules are provided free of charge to Shipper and Consignee at www.pantos.com containing the terms and conditions governing the charges, classifications, rules, regulations and practices of Carrier.
- Carrier may issue written quotations, booking confirmations, e-mail communications and other writings with applicable rates and charges for the shipments subject of the NRA, and shipper’s or consignee’s must respond in writing by e-mail or other writing (collectively “the writings”) which will constitute an offer by Carrier and acceptance by Shipper or Consignee for transportation services pursuant to 46 C.F.R. §520.13 and §532. The terms contained in the writings shall be a valid offer for 30 days (or a date agreed to by the parties) from the booking date, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo. Carrier’s or Carrier’s agent’s receipt of cargo for this shipment constitutes final acceptance by Shipper or Consignee of this offer, and the terms of the NRA shall bind the parties. If the writing provided by shipper or consignee to accept the offer does not contain the legal name and address of the shipper or consignee and its affiliates agreeing to the NRA, the shipper or consignee must provide these by separate writing which shall be considered part of the NRA.
- Rates may not be modified in an NRA after the time the shipment is received by the Carrier or its agent (including originating carriers in the case of through transportation.)
- All applicable origin and destination local terminal and/or port charges shall be for the account of the cargo.
- NRAs are stated in terms of U.S. Currency and or local currencies, as applicable, 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.
NRAs and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided and agreed.
NRAs indicated by W/M or WM are optional weight or measurement rates and the rate yielding the greater revenue will be charged.
- Except as otherwise provided, all “Port” (i.e., Port-to-Port) rules 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 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.
NRAs are applicable from Inland Points which lie beyond port terminal areas. Such NRAs will be shown as single-factor through NRAs.
Unless otherwise agreed to, such NRAs shall be inclusive of all charges pertinent to the transportation of cargo and not including Customs clearance assessments or Forwarding Charges, except as provided.
Alternatively, at shipper’s or consignee’s request, carrier will arrange for inland transportation as shipper’s or consignee’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. (See item 16, re: Advanced Charges.)
Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.
- Packages containing articles of more than one description shall be rated on the basis of the NRA provided for the highest rated articles contained therein.
- NRAs do not include Marine Insurance or Consular fees.
- Description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with the validated United States Export Declaration covering the shipment. Carrier must verify the Bill of Lading description with the validated United States 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.
- Unless otherwise specified, when the NRAs 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.
- The NRA shown except where predicated on specifically lower values or on an ad valorem basis, are subject to Bill of Lading limit of value.
- Except as otherwise provided, NRAs apply only to the specific commodity named and cannot be applied to analogous articles.
- 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, natural disasters, embargoes, blockades, port congestion, strikes or labor disturbances, regulations of any governmental 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.”
- 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.
- 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.
- SERVICE OPTIONS:
- The following service types are available in this tariff.
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.
Door Service pertains to the carrier providing inland transportation from/to the shipper’s/consignee’s designated facilities. Door Service is applicable only where specifically provided in the individual NRA or where specified in an Inland Rate Table.
Ocean Port (O)
If applicable, Ocean Port rates may apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo at the origin and destination ports. Tolls, Wharfage, Cost of Landing, and all other expenses beyond the port terminal area are for account of the cargo.
- Any combination of the above services may be offered, i.e.: O/O, O/D, D/D, Y/S, Y/Y, etc.
- Carrier may also utilize the following terminology to describe its services:
IPI Service, from Asia to USA
The term IPI service means shipments from Ports and Points in Asia discharged by Carrier at US Pacific Coast Base Ports (PCBP) and moved via rail and/or truck to destination inland CFS, CY or Door points in the USA.
MLB Service (Mini Land Bridge), from Asia to USA
The term MLB service means shipments from Ports and Points in Asia discharged by Carrier at US Pacific Coast Base Ports (PCBP) and moved via rail and/or truck to destination CFS or CY at US Atlantic & Gulf Ports.
RIPI Service, from Asia to USA
The term RIPI service means shipments from Ports and Points in Asia discharged by Carrier at US Atlantic Coast Base Ports (ACBP) and moved via rail and/or truck to destination inland CFS, CY or Door points in the USA.
- The following service types are available in this tariff.
- ADVANCED CHARGES
Advanced charges on bills of lading for collection from shipper/consignee will be accepted provided such charges do not exceed the amount of freight on the bill of lading, and provided they do not relate in any part to cargo cost and/or ocean freight thereon, but cover only carrying and other legitimate expenses from/to carrier’s terminal at bill of lading origin/destination. Such charges accepted without carrier’s responsibility and full risk is for the party requesting such advance.
- Except as otherwise provided herein, articles tendered for transportation will be refused for shipment unless it is packed in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the Carrier to accept an article so offered for transportation when enclosure in a container is reasonable necessary for protection and safe transportation.
- Packages must be marked durably and legibly and must show the port of destination. All packages must be numbered, which number together with marks and destination must appear on the shipping receipts and Bill of Lading.
- Gross weight in pounds, and/or Kos, and initials of port must be clearly and legibly shown on packages, and on original and copies of dock receipts tendered at time of delivery.
- Each package, bundle or piece of freight must be plainly marked with the full or initials of consignee, and the destination must be shown in full to insure proper delivery. If necessary, corrections must be made by the shipper or his representative.
When the Ocean Carrier discharges cargo at a terminal port other than the port named in the ocean bill of lading, the ocean carrier may arrange, at its option, for movement via rail, truck or water, of the shipment from the port of actual discharge only as indicated hereunder:
- To ocean carrier’s terminal (motor, rail or water), at port of destination declared on the bill of lading at the expense of the ocean carrier. Carrier may, at their convenience, deliver cargo to ports in route between Carrier discharging terminal and carrier’s delivery terminal provided the NRAs are already provided for such destinations in individual commodity items.
- The ocean carrier may forward cargo direct to a point designated by the consignee, provided the consignee pays the cost which he would normally have incurred either by rail, truck or water, to such point if the cargo has been discharged at the terminal port named in the ocean bill of lading within any commercial zone, such payment by the consignee shall be the cost he would normally have incurred to such point of delivery.
NOTE: In the event of cargo being discharged at carrier’s convenience at a port other than the port of destination named in the bill of lading, the NRA applicable to the port of destination named in the bill of lading shall be assessed. In no event shall any such transfer or arrangements under which it is performed by such as to result directly or indirectly in any lessening or would have borne had the shipment cleared through the port originally intended.
When mixed shipments contain commodities subject to different rates named in an NRA governed by this Tariff, the separate rate applicable for each commodity will be assessed, subject to the highest minimum quantity provided for any commodity in the shipment.
Where rules or NRAs make reference to capacity of containers, the standard capacity for purpose of freight rating shall be as indicated in each individual NRA.
NOTE 1: The combined weight of shipper-loaded cargo and containers with chassis and tractor shall not exceed the over-the-road weight limitation in various States of the U.S.A.
In lieu of the carrier furnished containers, shippers may offer cargo for ocean transportation in shipper furnished containers subject to the following provisions:
- The container must be of body and frame construction acceptable to the carrier and must be manufactured and equipped in accordance with all applicable United States, other local National and International Laws, Regulations and Safety requirements.
- Shipper furnished containers will be subject to inspection, approval and acceptance for carriage on the carrier’s vessel prior to loading by the carrier’s authorized personnel. Any containers found to be unsuitable will not be accepted for carriage.
- Each such container and its cargo will be subject to all rates, rules and regulations of this tariff.
- Shipper will be required by the carrier to submit documentary evidence of ownership or lease holder of the container offered for shipment.
Tariff reference to “W” and “M” signify 1,000 kilos and 1 cubic meter respectively. Whenever freight charges are assessed on a W/M “weight or measurement” basis or where rates are provided on both a “W” and “M” basis, the freight charges will be computed on the gross weight or the overall measurement of the pieces or packages, whichever computation produces the greater revenue to the Carrier.
- All packages will be measured in CENTIMETRES and weight in KILOGRAMMES.
- Rounding off- Dimensions
Where parts of centimeter occur in dimensions, such parts below 0.5 cm. are to be ignored, and those of 0.5 cm. And over are to be rounded off to the centimeter above.
- Calculating Cubic Measurements
The three dimensions in centimeters (rounded off in accordance with (2)) are to be multiplied together to produce the cube of one package or piece in cubic meters to six decimals.
In case of a single package the decimals are to be rounded off at the second decimal, i.e., if the third decimal is below 5 the second decimal remains unaltered; if the third decimal is 5 or higher the second decimal is to be adjusted upwards.
In the case of multiple packages of like dimensions, the cube on one package to six decimals is to be multiplied by the number of packages and the total cube is then to be rounded off to two decimals under the foregoing procedure.
- OFFICIAL MEASURERS AND WEIGHERS
The straight loaded shipments of consolidator Cargo, stuffed at Carrier’s nominated off dock CY locations, does not require measuring/weighing for purposes of confirming volume/weight of cargo. For such shipments, however, there must be a certificate from an officially appointed Sworn Measurer to confirm the exact location at which the shipment was stuffed into the container.
- MISDESCRIPTION, UNDERWEIGHTS AND UNDERMEASUREMENT
- The carrier at loading port will assess freight on the shipments on the basis of the gross weights and/or measurements declared or deemed to have been declared by Shippers. Such assessment is subject to the terms and conditions of the carrier’s Bill of Lading. Notwithstanding the foregoing Carrier may arrange at the port/point of destination for the verification of the description, measurement or weights of all such shipments as they, at their sole discretion, may decide and in all such cases the description, measurements or weights so obtained shall be used for determining the correct amount of freight which has to be paid and expense incurred should be for account of cargo.
- If the gross weights and/or measurements declared by the Shippers are less than those ascertained and if the Shippers, by notification to the Carrier, within seven (7) days of the vessels sailing from port of loading or the consignees, by notification to the Carrier prior to the shipment leaving the custody of the Carrier, maintain that the gross weights and/or measurements stated by them are correct, freight shall be assessed provisionally on the controllers’ figures and subsequently adjusted, if necessary, after an outturn reweighing and/or re-measuring. If such outturn re-weighting, re-measuring and/or resurveying shows that the gross weights, measurements and/or description were understated and/or misdeclared by the Shippers, re-measuring and/or resurveying shall be for the account of the cargo.
Shipper/Consignee for CY origin shipments shall be jointly severally and absolutely liable for any fine, penalty or other sanction imposed upon carrier, its agent motor/rail carrier by authority for exceeding lawful over-the-weight limitations in connection with any transportation services provided under this tariff and occasioned by any act of commission or omission of the shipper/consignee, its agent or contractors, and without regard to intent, negligence or any other factor. When carrier pays any such fine or penalty and assumes any other cost or burden, arising from such an event, it shall be on behalf of and for benefit of the cargo interest and carrier shall be entitled to full reimbursement therefore upon presentation of an appropriate invoice. Nothing in this rule shall require carrier, its agents or motor/rail carrier to resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction and carrier shall not have any liability to the cargo interest should it not do so. Any charges incurred in re-handling cargo to comply with maximum weight restrictions will be for the account of the cargo.
The party responsible (i.e., merchant, the shipper or the consignee) for the shipment exceeding any lawful weight limitation shall indemnify and hold the ocean carrier transporting the shipment, its agents and the motor/rail carrier(s), harmless from any and all damages or liability from claims by whomever brought arising in whole or in part from the shipment exceeding any lawful weight limitation. Such indemnification shall include attorneys’ fees and all costs incurred in the defense of such claim(s).
When containers are loaded and sealed by shipper, carrier or its authorized agent will accept same as “Shipper’s load and count” and the Bill of Lading shall be so noted, and:
No container will be accepted for shipment if the weight of the contents thereof exceeds the weight carrying capacity of the container.
Carrier will not be directly or indirectly responsible for:
1) Damage resulting from improper loading or mixing of articles in containers, or shipper’s use of unsuitable or inadequate protective and securing materials when loading to open-side flat-rack type containers.
2) Any discrepancy in count or concealed damage to articles.
Except as otherwise noted, shipments destined to more than one port of discharge may not be loaded by the shipper into the same container.
Except as otherwise provided, materials, including special fittings, and labor required for securing and properly stowing cargo in containers moving in CY service, including but not limited to lashing, bulkheads, cross members, platforms, dunnage and the like must be supplied by shippers at their expense and the carrier shall not be responsible for such materials nor their return after use. The carrier shall not be liable in any event for any claim for loss or damage to the cargo arising out of improper or inadequate mixing, stuffing, tallying or bracing of cargo within the container.
A request for diversion of a shipment will be considered as an amendment to the contract of carriage and will be subject to the following definitions, conditions and charges:
A. Definition of Diversion:
Any change in the original billed destination (which may also include a change in Consignee, order party, or both).
A change in Consignee, order party or both will not be considered as diversion of cargo.
- Requests must be received in writing by the carrier prior to the arrival of the vessel at Discharge Port. Carrier will make diligent effort to execute the request but will not be responsible if such service is operationally impractical or cannot be provided.
- Cargo moving under a non-negotiable Bill of Lading may be diverted at the request of shipper or consignee. Cargo moving under a negotiable Bill of Lading may be diverted by any party surrendering the properly endorsed original Bill of Lading. Cargo moving under a negotiable Bill of Lading may also be diverted by the shipper or consignee at the carrier’s sole discretion without receipt by the carrier of the original negotiable Bill of Lading so long as a new negotiable Bill of Lading is not requested or issued by the carrier. If a new negotiable Bill of Lading is requested by the shipper or consignee, the original negotiable Bill of Lading must be surrendered to the carrier prior to issuance of the new negotiable Bill of Lading.
- This rule will apply to full Bill of Lading quantities or full container loads only.
- A shipment may only be diverted once. Shipper may request cancellation of the original diversion request, resulting in delivery of the cargo to the original billed destination, provided that such request is received prior to arrival of vessel at Discharge Port, and provided that all diversion charges as set out in C. below, applicable to the original diversion request, are paid in full prior to the cancellation request being accepted by the carrier. In no instance will any refund of the diversion charges be made in the event of a cancellation. Any additional expenses incurred by the carrier will be for the account of the cargo.
- Cargo, which, upon request of Merchant (stowage permitting), is diverted to a Port of Discharge within the Scope of this Tariff other than that shown in the Bill of Lading, shall be assessed the actual amount of expense incurred by Carrier, or as per carrier tariff at time of shipment, whichever is higher, plus, at the sole discretion of the Carrier, depending on the relevant administrative burdens resulting from the diversion, an administrative fee of up to $50/BL for cargo received and diversion requested prior to vessel departure, or up to $300/BL for cargo received and diversion requested post vessel departure, from origin port.
- Diversion charges or administrative charge are payable by the party requesting the diversion.
Security Fees may be applicable on shipments and identified in each individual NRA.
Except as otherwise provided, the following articles will not be accepted for transportation:
- Cargo, loose on platforms or pallets, except when prior arrangements have been concluded with Carrier.
- Cargo which because of its inherent vice is likely to impregnate or otherwise damage Carrier’s containers or cargo.
- Bank bills, coin or currency; deeds, drafts, notes or valuable paper of any kind; jewelry including costume novelty jewelry, except where otherwise specifically provided, postage stamps or letters and packets of letters with or without postage stamps affixed; precious metals or articles manufactured therefrom; precious stones; revenue stamps; works of art; antiques or other related or unrelated old, rare or precious articles of extraordinary value except when prior arrangements have been concluded with carrier.
- Corpses or cremated remains.
- Animals, birds, fish, livestock.
- Eggs, viz: Hatching.
- Poultry or pigeons live (including birds, chickens, ducks, pheasants, turkeys, and any other fowl).
- Silver articles or ware, sterling.
- Except as otherwise provided herein or in tariffs making reference hereto, articles tendered for transportation will be refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the carrier to accept an article so offered for transportation when enclosure in a container is reasonably necessary for protection and safe transportation.
- Carrier, except as provided in tariffs making reference hereto, will not accept for transportation articles which, because of their length, weight or bulk cannot in carrier’s judgment be safely stowed wholly within the trailer or containers dimensions.
- Except as provided in tariffs making reference hereto, shipments requiring temperature control.
- Shipments containing cargo likely to contaminate or injure other cargo, including green salted hides.
Unless otherwise provided herein, any item described as “Freight All Kinds” shall consist of a minimum of two different commodity items. Further restrictions to the item shall be contained in the NRA.
Different levels of Service may be offered by the Carrier. Unless otherwise specified in the individual NRA, NRAs are applicable for Regular Service.
Carrier requires complete and accurate Automated Export System / Shippers Letter of Instructions no later than 48 hours prior to port cut-off date. U.S. Customs and Border Protection (CBP) may impose penalties for failure to comply with the U.S. Bureau of Census, Mandatory Automated Commercial Environment (ACE) regulations. Description of commodities shall be uniform on all copies of the B/L and MUST be in conformity with a validated U.S. Export Declaration, EEI (Electronic Export Information) filings to the U.S. Customs via ACE, and/or Consular Documents covering the shipment. The Carrier may verify the B/L description with any of the above shipping documents or information to insure accuracy. Amendments or corrections in the commodity description will be accepted ONLY if validated by U.S. Customs and in conformity with all other shipping documents. If shipments are NOT covered by a Shipper’s Export Declaration, as permitted by Export Control Regulations, Shippers MUST insert the applicable commodity Schedule B number in the Line Copy of the B/L.
Document fees are considered origin and destination local charges and shall be for the account of the cargo.
If applicable, all AMS filing fees for shipments will be provided in individual Negotiated Rate Arrangements NRA’s.
Except as otherwise specifically provided in individual NRAs, all Shipments are subject to the U.S. Manifest processing Fee specified below in addition to all other applicable charges named herein:
$ 40.00 per B/L
If a correction and/or amendment is made to data that has already been filed with the U.S. Customs thru the AMS system, an applicable correction/amendment charge (in addition to all other applicable charges) will be assessed by the vessel carrier and the NVOCC carrier named in this Rules tariff.
- SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME.
Pursuant to Customs regulations effective December 2, 2002, Carrier is required to submit certain cargo declaration data for all cargo on board a vessel that will call in the United States (i.e., U.S. import cargo and foreign destination cargo remaining on board the vessel) to the U.S. Customs Service not later than 24 hours prior to the time the cargo is loaded on Carrier’s vessel at each non-U.S. port of loading. In order to enable Carrier to comply with this requirement, except as provided in paragraph B of this rule, any person tendering cargo to Carrier that is to be transported to the United States or that will be on a vessel when that vessel calls in the United States must provide the following information regarding such cargo to Carrier in writing (including by electronic transmission) in sufficient time for Carrier to transmit the data to the Customs Service at least 24 hours prior to the loading of the cargo on Carrier’s vessel. Failure to comply with these requirements will result in cargo not being loaded.
- A precise description of the cargo (or the 6-digit HTS number under which cargo is classified) and weight of the cargo or, for a sealed container, the shipper’s declared description and weight of the cargo. The quantity of cargo shall be expressed in the lowest external packaging unit (e.g., a container containing 10 pallets with 200 cases shall be described as 200 cases). Generic descriptions, including, but not limited to, ‘FAK,’ ‘General Cargo,’ ‘Chemicals,’ ‘Foodstuffs,’ and terms such as ‘Said to Contain’ are NOT acceptable descriptions.
- Shipper’s complete name and address, or the identification number issued to the shipper by the U.S. Customs Service upon implementation of the Automated Commercial Environment (‘ACE’).
- Complete name and address of the consignee, owner or owner’s representative, or its ACE identification number.
- Internationally recognized hazardous material code when such materials are being shipped.
- Seal numbers for all seals affixed to the container.
- TIME FOR SUBMISSION OF DATA BY SHIPPERS TO CARRIER.
Except as otherwise provided below, the time for shipper to submit data to Carrier shall be as follows:
- Shippers who submit their shipping instructions in paper format will be required to submit their shipping instructions to Carrier no later than seventy-two (72) hours prior to vessel arrival at the foreign port of load. This applies to all U.S. destined cargo as well as cargo intended to be transshipped at a U.S. port and cargo that will remain on the vessel for carriage to a non-U.S. port.
- CERTAIN NON-VESSEL OPERATING COMMON CARRIERS.
Non-vessel operating common carriers (‘NVOCCs’) that are licensed by or registered with the FMC and that have obtained Customs bonds may submit the required inbound cargo declaration data directly to the U.S. Customs Service in accordance with Customs Service regulations and guidelines. For purposes of this provision, an NVOCC is registered with the FMC if it has been issued an Organization Number by the FMC, has published a valid and effective rules tariff, and has posted the required financial security with the FMC.
- Certification. Any NVOCC that submits cargo declaration information directly to the Customs Service shall, unless notified by the Carrier pursuant to subparagraph C(1) above that it is not required to do so, in lieu of the information required to be submitted pursuant to paragraph A of this rule, provide the Carrier, not later than the deadline for shipper submission of cargo information under paragraph B of this rule, with a written certification stating that the required inbound cargo declaration data for its cargo has been transmitted to the U.S. Customs Service in a timely and accurate manner. Such certification shall describe the cargo tendered with sufficient specificity (including container number) that Carrier may readily identify such cargo.
- NVOCC Co-Loading. For purposes of this paragraph, the term ‘Master NVOCC’ shall mean the NVOCC that is the customer of the Carrier and tenders co-loaded cargo to the Carrier in its name. In the event the Master NVOCC submits cargo declaration data for co-loaded cargo directly to the Customs Service, it shall do so for all NVOCCs with which it co-loads. In the event the Master NVOCC does not submit cargo declaration data for co-loaded cargo directly to the Customs Service but NVOCCs with which it co-loads transmit cargo declaration data for their cargoes directly to the Customs Service, it shall be the obligation of the Master NVOCC to provide Carrier with the certification described in subparagraph C (1) with respect to all co-loaded cargo tendered to Carrier by the Master NVOCC.
- All NVOCCs shall be subject to Paragraphs D and E of this rule.
- FAILURE TO PROVIDE INFORMATION; DENIAL OF PERMISSION TO LOAD CARGO.
- . In the event Carrier fails to provide the required inbound cargo declaration data to the U.S. Customs Service for all cargo to be loaded on its vessel within the time period required by Customs Service regulations it may, among other things, be assessed a civil penalty, denied permission to unload the cargo for which information was not timely provided, and/or denied permission to unload any cargo from the vessel on which the cargo is moving. Accordingly, Carrier may refuse to load any cargo tendered to it for which it has not received either (i) the data required by paragraph A of this rule by the deadline specified pursuant to paragraph B; or (ii) the certification required by paragraph C of this rule by the deadline specified therein.
- Any and all costs incurred by Carrier with respect to cargo in its possession which is not loaded due to the non-provision of information or certification, or which is not loaded pursuant to the instructions of the U.S. Customs Service (regardless of whether or not the required data or certification has been provided for such cargo), including but not limited to inspection, storage and/or re-delivery costs, shall be for the account of the cargo. Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due hereunder, Carrier shall be entitled to recover all costs (including reasonable attorneys’ fees and expenses) incurred in connection with such legal action.
- INDEMNIFICATION OF CARRIER.
If Carrier is assessed a civil penalty or fine or is denied permission to unload cargo, because of the failure of any and all shippers, consignees, cargo owners, NVOCCs, shippers’ associations and their agent(s) to provide the information required by this rule and/or by the regulations or guidelines of the U.S. Customs Service in a complete and accurate manner, then such shippers, consignees, cargo owners, NVOCCs, shippers’ associations and their agent(s)shall be jointly and severally liable to indemnify and reimburse Carrier for any such penalty or fine and any and all costs, damages or liability, direct, indirect, special or consequential, incurred by the Carrier as a result of the denial of permission to unload cargo or any delays related thereto. Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due hereunder, Carrier shall be entitled to recover all costs (including attorneys’ fees) incurred in connection with such legal action.
- CONFIDENTIALITY. Carrier acknowledges that the information required by the Customs Service may constitute confidential information that is not generally available to the public. Carrier, in accordance with the requirements of Section 10(b)(13) of the Shipping Act of 1984, as amended, will keep confidential, to the extent permitted by law, all Shipper bill of lading information, including information related to underlying shippers and commodities in respect of containers of less than container load cargo containing shipments by more than one Shipper.
- DOCUMENTATION CHARGES. See Rule Nos. 2-150 for charges to apply.
Shippers must comply with all customs and consular regulations. Any fine or penalty imposed by government authorities for failure to comply with customs or consular regulations shall be at the expense of shipment, or merchant. Goods which are not cleared through customs for any reason may be cleared by Carrier at the expense of the shipment or merchant and may be warehoused at the risk and expense of the shipment or merchant or may be turned over to the Customs authorities without any further responsibility on the part of the Carrier.
NRAs are not inclusive of U.S. Customs related charges, such as, but not limited to, Customs clearance assessments, USDA/FDA/US customs examination, X-ray, insurance, storage, forwarding charges, drayage, demurrage, bonded warehousing, formal customs entry, if required, or tax and duties. Any such accrued U.S. Customs related charges shall be at the expense of the shipment, cargo or merchant.
The Carrier shall have a general lien on any and all property (and documents relating thereto) of the Merchant (shipper, consignee, consignee, exporter, importer, the holder of the Bill of Lading and/or the receiver or the owner of the Goods, any person entitled to possession of the Goods, any Person having a present or future interest in the Goods or any Person acting on behalf of any of the above-mentioned Persons, including a Factor or Lender) in its possession, custody or control or in route, for all claims for charges, expenses or advances incurred by the Carrier in connection with any shipments of the Merchant and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Carrier may sell at public auction or private sale, upon ten (10) days written notice (counting from sending of the notice) by registered mail to the Merchant, the Goods, wares and/or merchandise or so much necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due the Carrier. Any surplus from such sale shall be transmitted to the Merchant, and the Merchant shall be liable for any deficiency in the sales.
Carrier will require complete and accurate shipping instructions by the “Document Due by Date” mentioned on the NRA, Booking Confirmation / Rate Confirmation document. If not received by the “Document Due by Date”, cargo will be rolled/postponed to the next available vessel and all costs associated with the postponement (handling, storage, demurrage, etc.) will be billed to the Shippers/Owners Account.
The term “Demurrage” indicates a daily charge assessed to the shipper/consignee for the use of space, the occupation of land at marine terminals and/or services provided at the carrier’s load/discharge port, rail ramp or inland container yard (CY) facility when the cargo remains in or on carrier’s containers, tanks or trailers and/or such facilities beyond the permitted free-time as stipulated per tariff or contract of the vessel operator or the marine terminal after the expiration of free time. The term “Detention” (includes Tank Demurrage) indicates a charge for the use of equipment. The term “Free time” indicates the grace period for which neither of these charges will be incurred. Any charges for storage, detention or demurrage of freight or containers, as a result of being in excess of the free time prescribed or agreements, assessed by vessel operators on whose vessel cargo is/was transported or terminal operator at origin point or port or destination point or port due to some default or oversight of shipper or consignee or holder of bill of lading is for the account of such shipper, consignee or holder of a relevant bill of lading (“holder”). The “Merchant” as defined by the carrier’s bill of lading and shipper, consignee, holder hereof, and owner of the goods shall be jointly and severally liable to Carrier for the payment of all detention, demurrage or storage charges before, during and after the carriage of the cargo.
The rules and charges applicable to a given shipment must be those in an NRA and in effect when the cargo is received by the ocean carrier or its agent (including originating carriers in the case of NRAs for through transportation). A shipment shall not be considered as “received” until the full bill of lading quantity has been received.
All applicable chargers for heavy and empty lift shipments will be provided in individual Negotiated Rate Arrangements (NRAs) and shall be for the account of the cargo.
Any applicable bill of lading charge shall be for the account of the cargo and may be included in the individual NRA, if any.
Rules and charges are quoted in U.S. Currency and have been determined with due consideration to the relationship of U.S. currency to other currencies involved. In the event of any material change in this relationship, carrier reserves the right, upon publications in conformity with the provisions of the U.S. Shipping Act of 1984, as amended, to adjust the NRAs and charges as required.
- PAYMENT IN U.S. DOLLARS
Except as otherwise provided, freight and charges shall be prepaid in the United States in US currency.
- METHODS OF PAYMENT
Payment for freight or charges due the carrier must be payable in legal tender or, at carrier’s option, by check or bank draft acceptable by carrier’s bank for immediate credit without charges.
- PREPAID FREIGHT
- Unless otherwise agreed in an NRA, when freight monies and charges are prepaid, such payment shall be made not later than the time of release of any original Ocean Bill of Lading by the carrier to the shipper or his duly authorized licensed Freight Forwarder or Agent acting in his behalf.
- When freight and charges are billed prepaid they shall be paid in U.S. dollars.
- FREIGHT COLLECT
All freight and charges which are billed on a freight collect basis must be paid in full in U.S. Dollars, or in a currency acceptable to the carrier provided such currency shall be unblocked, freely convertible and freely remittable free of tax into U.S. Dollars, for the complete originally issued Bill of Lading quantity prior to release of cargo or any portion thereof.
- CURRENCY CONVERTABILITY:
- Conversion Provisions:
In addition to the United States Dollars, freight monies and charges may be billed and paid in foreign currencies, provided they are freely convertible and remittable and free of tax.
- Conversion Provisions:
- FREIGHT CHARGES: Freight charges must be paid to the carrier before release of the cargo, unless prior arrangement to the contrary has been made with the carrier. In the event the Merchant, shipper, consignee or his agent refuses to pay freight and other charges, and merchandise remains undeliverable thereby, Merchant, Shipper and Consignee jointly and severally guarantee and remain liable for full payment of freight and other charges, together with any expense incurred while awaiting disposition of the cargo.
A copy of Carrier’s bill of lading Terms and Conditions are provided herein:
Standard conditions(1992) governing the FIATA MULTIMODAL TRANSPORT BILL OF LADING
– “Freight Forwarder” means the Multimodal Transport Operator who issues this FBL and is named on the face of it and assumes liability for the performance of the multimodal transport contract as a carrier.
– “Merchant” means and includes the Shipper, the Consignor, the Consignee, the Holder of this FBL, the Receiver and the Owner of the Goods.
– “Consignor” means the person who concludes the multimodal transport contract with the Freight forwarder.
– “Consignee” means the person entitled to receive the goods from the Freight Forwarder.
– “Taken in charge” means that the goods have been handed over to and accepted for carriage by the Freight Forwarder at the place of receipt evidenced in this FBL.
– “Goods” means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Freight Forwarder, irrespective of whether such property is to be or is carried on or under deck.
- 1. Applicability
- Notwithstanding the heading – FIATA Multimodal Transport Bill of Lading(FBL)- these conditions shall also apply if only one mode of transport is used.
- 2. Issuance of this FBL
- 2.1. By issuance of this FBL, the Freight Forwarder
- (a) undertakes to perform and/or in his own name to procure the performance of the entire transport from the place at which the goods are taken in charge(place of receipt evidenced in this FBL) to the place of delivery designated in this FBL;
- (b) assumes liability as set out in this conditions.
- 2.2. Subject to the conditions of this FBL, the Freight Forwarder shall be responsible for the acts and omissions of his servants or agents acting within the scope of their employment, or any other person of whose services he makes use for the performance of the contract evidenced by this FBL, as if such acts and omissions were his own.
- 3. Negotiability and title to the goods
- 3.1. This FBL is issued in a negotiable form unless it is marked “non negotiable”. It shall constitute title to the goods and the holder, by endorsement of this FBL, shall be entitled to receive or to transfer the goods herein mentioned.
- 3.2. The information in this FBL shall be prima facie evidence of the taking in charge by the Freight Forwarder of the goods as described by such information unless a contrary indication, such as “shipper’s weight, load and count”, “shipper-packed container” or similar expressions, has been made in the printed text or superimposed on this FBL. However, proof to the contrary shall not be admissible when the FBL has been transferred to the consignee for valuable consideration who in good faith has relied and acted thereon.
- 4. Dangerous Goods and Indemnity
- 4.1. The Merchant shall comply with rules which are mandatory according to the national law or by reason of International Convention, relating to the carriage of goods of a dangerous nature, and shall in any case inform the Freight Forwarder in writing of the exact nature of the danger, before goods of a dangerous nature are taken in charge by the Freight Forwarder and indicate to him, if need be, the precautions to be taken.
- 4.2. If the Merchants fails to provide such information and the Freight Forwarder is unaware of the dangerous nature of the goods and the necessary precautions to be taken and if, at any time, they are deemed to be hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation. The Merchant shall indemnify the Freight Forwarder against all loss, damage, liability, or expense arising out of their being taken in charge, or their carriage, or of any service incedental thereto. The burden of proving that the Freight Forwarder knew the exact nature of the danger constituted by the carriage of the said goods shall rest on the Merchant.
- 4.3. If any goods shall become a danger to life or property, they may in like manner be unloaded or landed at any place or destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the Freight Forwarder he shall have no liability and the Merchant shall indemnity him against all loss, damage, liability and expense arising therefrom.
- 5. Description of Goods and Merchant’s Packing and Inspection
- 5.1. The Consignor shall be deemed to have guaranteed to the Freight Forwarder the accuracy, at the time the goods were taken in charge by the Freight Forwarder, of all particulars relating to the general nature of the goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the goods, as furnished by him or on his behalf for insertion on the FBL. The Consignor shall indemnify the Freight Forwarder against all loss, damage and expense resulting from any inaccuracy or inadequacy of such particulars. The consignor shall remain liable even if the FBL has been transferred by him. The right of the Freight Forwarder to such an indemnity shall in no way limit his liability under this FBL to any person other than the Consignor.
- 5.2. The Freight Forwarder shall not be liable for any loss, damage or expense caused by defective or insufficient packing of goods or by inadequate loading or packing within containers or other transport units when such loading or packing has been performed by the Merchant or on his behalf by a person other than the Freight Forwarder, or by the defect or unsuitability of the containers or other transport units supplied by the Merchant, or if supplied by the Freight Forwarder if a defect or unsuitability of the container or other transport unit would have been apparent upon reasonable inspection by the Merchant. The Merchant shall indemnify the Freight Forwarder against all loss, liability and expense so caused.
- 6. Freight Forwarder’s Liability
- 6.1. The responsibility of the Freight forwarder for the goods under these conditions covers the period from the time the Freight Forwarder has taken the goods in his charge to the time of their delivery.
- 6.2. The Freight Forwarder shall be liable for loss of or damage to the goods as well as for delay in delivery if the occurrence which cause the loss, damage or delay in delivery took place while the goods were in his charge as defined in Clause2.1.a unless the Freight Forwarder proves that no fault or neglect of his own, his servants or agents or any other person referred to in Clause 2.2 has caused or contributed to such loss, damage or delay. However, the Freight Forwarder shall only be liable for loss following from delay in delivery if the Consignor has made a declaration of interest in timely delivery which has been accepted by the Freight Forwarder and stated in this FBL.
- 6.3. Arrival times are not guaranteed by the Freight Forwarder. However, delay in delivery occurs when the goods have not been delivered within the time expressly agreed upon or, in the absence of such agreement, within the time which would be reasonable to require of a diligent Freight Forwarder, having regard to the circumstances of the case.
- 6.4. If the goods have not been delivered within ninety consecutive days following such date of delivery as determined in Clause 6.3., the claimant may, in the absence of evidence to the contrary, treats the goods as lost.
- 6.5. When the Freight Forwarder establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more causes or events, specified in a-e of the present clause, it shall be presumed that it was so caused, always provided, however, that the claimant shall be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events:
- a) an act or omission of the Merchant, or person other than the Freight Forwarder acting on behalf of the Merchant or from whom the Freight Forwarder took the goods in charge;
- b) insufficiency or defective condition of the packaging or marks and/or numbers;
- c) handling, loading, stowage or unloading of the goods by the Merchant or any person acting on behalf of the Merchant;
- d) inherent vice of the goods;
- e) strike, lockout, stoppage or restraint of labour.
- 6.6 Defense for carriage by sea or inland waterways
Notwithstanding Clauses6.2, 6.3 and 6.4, the Freight Forwarder shall not be liable for loss, damage or delay in delivery with respect to goods earned by sea or inland waterways when such loss, damage or delay during such carriage has been caused by;
- a) act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship,
- b) fire, unless caused by the actual fault or privity of the carrier, however, always provided that whenever loss or damage has resulted form unseaworthiness of the ship, the Freight Forwarder can prove that due diligence has been exercised to make the ship seaworth at the commencement of the voyage.
- 7. Paramount Clauses
- 7.1. These conditions shall only take effect to the extent that they are not contrary to the mandatory provisions of International Conventions or national law applicable to the contract evidenced by this FBL
- 7.2. The Hague Rules contained in the International Convention for the unification of certain rules relating to Bills of Lading, dated Brussels 25th August 1924, or in those countries where there are already in force the Haugue-Visby Rules contained in the Protocol of Brussels, dated 23rd February 1968, as enacted in the Country of Shipment, shall apply to all carriage of goods by sea and also to the carriage of goods by inland waterways, and such provisions shall apply to all goods whether carried on deck or under deck.
- 8. Limitation of Freight forwarder’s Liability
- 8.1. Assessment of compensation for loss of or damage to the goods shall be made by reference to the value of such goods at the place and time they are delivered to the consignee or at the place and time when, in accordance with this FBL, they should have been so delivered.
- 8.2. The value of the goods shall be determined according to the current commodity exchange price or, if there is no such price, according to the current market price or, if there is no such prices, by reference to the normal value of goods of the same name and quality.
- 8.3. Subject to the provisions of subclauses 8.4. to 8.9. inclusive, the Freight Forwarder shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding the equivalent of 666.67 SDR per package or unit or 2 SDR per kilogramme of gross weight of the goods lost or damaged, whichever is higher, unless the nature and value of the goods shall have been declared by the Consignor and accepted by the Freight Forwarder before the goods have been taken in his charge, or the ad valorem freight rate paid, and such value is stated in the FBL by him, then such declared value shall be the limit.
- 8.4. Where a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or other shipping units enumerated in the FBL as packed in such article of transport are deemed packages or shipping units. Except as aforesaid, such article of transport shall be considered the package or unit.
- 8.5. Notwithstanding the above mentioned provisions, if the multimodal transport does not, according to the contract, include carriage of goods by sea or by inland waterways, the liability of the Freight Forwarder shall be limited to an amount not exceeding 8.33 SDR per kilograme of gross weight of the goods lost or damaged.
- a) When the loss of or damage to the goods occurred during one particular stage of the multimodal transport, in respect of which an applicable international convention or mandatory nation law would have provided another limit of liability if a separate contract of carriage had been made for that particular stage of transport, then the limit of the Freight Forwarder’s liability for such loss or damage shall be determined by reference to the provisions of such convention or mandatory national law.
- b) Unless the nature and value of the goods shall have been declared by the Merchant and inserted in this FBL, and the ad valorem freight rate paid, the liability of the Freight Forwarder under COGSA, where applicable, shall not exceed US$500 per package or, in the case of goods not shipped in packages, per customary freight unit.
- 8.7. If the Freight Forwarder is liable in respect of loss following from delay in delivery, or consequential loss or damage other than loss of or damage to the goods, the liability of the Freight Forwarder shall be limited to an amount not exceeding the equivalent of twice the Freight under the multimodal contract for the multimodal transport under this FBL.
- 8.8. The aggregate liability of Freight Forwarder shall not exceed the limits of liability for total loss of the goods.
- 8.9. The Freight Forwarder is not entitled to the benefit of the limitation of liability if it is proved that the loss, damage or delay in delivery resulted from a personal act or omission of the Freight forwarder done with the intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay would probably result.
- 9. Applicability to Actions in Tort
- These conditions apply to all claims against the Freight Forwarder relating to the performance of the contract evidenced by this FBL, whether the claim be founded in contract or in tort.
- 10. Liability of Servants and other Persons
- 10.1. These conditions apply whenever claims relating to the performance of the contract evidenced by this FBL are made against any servants, agent, or other person (including any independent contractor) whose services have been used in order to perform the contract, whether such claims are founded in contract or in tort, and the aggregate liability of the Freight Forwarder and of such servants, agents or other persons shall not exceed the limits in clause 8.
- 10.2. In entering into this contract as evidenced by this FBL, the Freight Forwarder, to the extent of these provisions, does not only act on his own behalf, but also as agent or trustee for such persons, and such persons shall to this extent be or be deemed to be parties to this contract.
- 10.3. However, if it is proved that the loss of or such loss or damage to the goods resulted from a personal act or omission of such a person referred to in Clause 10.1., done with intent to cause damage, or recklessly and with knowledge that damage would probably result, such person shall not be entitled to benefit of limitation of liability provided for in Clause 8.
- 10.4. The aggregate of the amounts recoverable from the Freight Forwarder and the persons referred to in Clause 2.2. and 10.1. shall not exceed the limits provided for in these conditions.
- 11. Method and Route of Transportation
- Without notice to the Merchant, the Freight Forwarder has the liberty to carry the goods on or under deck and to choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the goods.
- 12. Delivery
- 12.1. Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the Consignee or his agent in accordance with this FBL, or when the goods have been handed over to any authority or other party to whom, pursuant to the law or regulation applicable at the place of delivery, the goods must be handed over, or such other place at which the Freight Forwarder is entitled to call upon the Merchant to take delivery.
- 12.2. The Freight Forwarder shall also be entitled to store the goods at the sole risk of the Merchant, and the Freight Forwarder’s liability shall cease, and the cost of such storage ahall be paid, upon demand, by the Merchant to the Freight Forwarder.
- 12.3. If at any time the carriage under this FBL is or is likely to be affected by any hindrance or risk of any kind(including the condition of the goods) not arising from any fault or neglect of the Freight Forwarder or a person referred to in Clause 2.2. and which cannot be avoided by the exercise of reasonable endeavours the Freight Forwarder may;
- abandon the carriage of the goods under this FBL and, where reasonably possible, place the goods of any part of them at the Merchant’s disposal at any place which the Freight Forwarder may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Freight Forwarder in respect of such goods shall cease.
- In any event, the Freight Forwarder shall be entitled to full freight under this FBL and the Merchant shall pay any additional costs resulting from the above mentioned circumstances.
- 13. Fright and Charge
- 13.1. Freight shall be paid in cash, without any deduction or deferment on account of any claim, counter-claim or set-off, whether prepaid or payable at destination.
- Freight shall be considered as earned by the Freight Forwarder at the moment when the goods have been taken in his charge, and not to be returned in any event.
- 13.2. Freight and all other amounts mentioned in this FBL are to be paid the currency named in this FBL or, at the Freight Forwarder’s option, in the currency of the country of dispatch or destination at the highest rate of exchange for banker’s sight bills current for prepaid freight on the day of dispatch and for freight payable at destination on the day when the Merchant is notified on arrival of the goods there or on the date of withdrawal of the delivery order, whichever rate is the higher, or at the option of the Freight Forwarder on the date of this FBL.
- 13.3. All dues, taxes and charges or other expenses in connection with the goods shall be paid by the Merchant.
- Where equipment is supplied by the Freight Forwarder, the Merchant shall pay all demurrage and charges which are not due to a fault or neglect of the Freight Forwarder.
- 13.4. The Merchant shall reimburse the Freight Forwarder in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs whatever nature caused by war, warlike operations, epidemics, strikes, government directions or force majeure.
- 13.5. The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurements or value of the goods but the Freight Forwarder has the liberty to have the contents inspected and the weight, measurements or value verified. If on such inspection it is found that the declaration is not correct it is agreed that a sum equal either to five times the difference between the correct figure and the freight charged, or to double the correct freight less the freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Freight Forwarder for his inspection costs and losses of freight on other goods notwithstanding any other sum having been stated on this FBL as freight payable.
- 13.6. Despite the acceptance by the Freight Forwarder of instructions to collect freight, charges or other expenses from any other person in respect of the transport under this FBL, the Merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason.
- 14. Lien
- The Freight Forwarder shall have a lien on the goods and any documents relating thereto for any amount due at any time to the Freight Forwarder from the Merchant including storage fees and the cost of recovering same, and may enforce such lien in any reasonable manner which he may think fit.
- 15. General Average
- The Merchant shall indemnify the Freight Forwarder in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the Freight Forwarder in this connection.
- 16. Notice
- 16.1. Unless notice of loss of or damage to the goods, specifying the general nature of such loss or damage, is given in written by the consignee to the Freight Forwarder when the goods are delivered to the consignee in accordance with clause 12, such handling over is prima facie evidence of the delivery by the Freight Forwarder of the goods as described in this FBL.
- 16.2. Where the loss or damage is not apparent, the same prima facie effects shall apply if notice in writing is not given within 6 consecutive days after the day when the goods were delivered to the consignee in accordance with clause 12.
- 17. Time bar
- The Freight Forwarder shall, unless otherwise expressly agreed, be discharged of all liability under these conditions unless suit is brought within 9 months after the delivery of the goods, or the date when the goods should have been delivered, or the date when in accordance with clause 6.4. failure to deliver the goods would give the consignee the right to treat the goods as lost.
- 18. Partial invalidity
- If any clause or a part thereof is held to be invalid, the validity of this FBL and the remaining clauses or a part thereof shall not be affected.
- 19. Jurisdiction and applicable law
- Actions against the Freight Forwarder may be instituted only in the place where the Freight Forwarder has his place of business as stated on the reverse of this FBL and shall be decided according to the law of the country in which that place of business is situated.
Carrier may pay compensation as negotiated in the individual NRA on the applicable ocean freight charges to base ports, on cargo loaded, including heavy lift and extra length revenue, but excluding all other charges, except as provided below, subject to the following conditions and exceptions.
- Compensation to be paid only to Freight Forwarders who are licensed or otherwise authorized by the Federal Maritime Commission.
- Compensation shall be paid only if the freight forwarder has performed, in addition to the solicitation and securing of the cargo for the ship or the booking of, or otherwise arranging for space for such cargo, two or more of the following services:
- 1) The coordination of the movement of the cargo to shipside
- 2) The preparation and processing of the ocean Bill of Lading
- 3) The preparation and processing of dock receipts or delivery orders
- 4) The preparation and processing of consular documents or export declarations
- 5) The payment of the ocean freight charges on the cargo
- Compensation shall be paid upon presentation of a duly certified invoice and may not be deducted from ocean freight and other charges due in accordance with rates and conditions in this Tariff.
- Bills for compensation will not be honored unless presented to carrier within sixty days of the date of clearance of vessel.
- Compensation will not be paid on through Bill of Lading cargo originating at port of loading beyond the application of this tariff.
- No compensation shall be paid to anyone at port or ports of destination.
- Freight Forwarders who are also Licensed Custom House Brokers shall be paid compensation as specified below based on the aggregate of all NRAs and charges applicable under this tariff, subject to the above conditions and exceptions.
- Freight Forwarder Compensation shall be as specified in each individual NRA, if any.
All surcharges applicable to shipments are provided in individual Negotiated Rate Arrangements NRA’s.
Carrier may charge minimum quantity rates in each individual NRA.
- The liability of the Carrier as to the value of shipments at the NRAs herein provided shall be determined in accordance with the clauses of the Carrier’s regular Bill of Lading form attached in rule 8.
- If the Shipper desires to be covered for a valuation in excess of that allowed by the Carrier’s regular Bill of Lading form, the Shipper must so stipulate in Carrier’s Bill of Lading covering such shipments and such additional liability only will be assumed by the Carrier at the request of the Shipper and upon payment of an additional charge based on the total declared valuation in addition to the stipulated NRAs applying to the commodities shipped as specified herein.
- Where value is declared on any piece or package in excess of the Bill of Lading limit of value of $500.00 the Ad Valorem rate, 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 is in addition to the base NRA.
Transshipments are allowed pursuant to the Carrier’s bill of lading Terms and Conditions, Clause 4 referenced herein in Rule 8.
Definition: Pursuant to 46 CFR §520.2, “Co-Loading” means the combining of cargo by two or more NVOCCs for tendering to an ocean common carrier under the name of one or more of the NVOCCs.
- (1) The Carrier from time to time may tender cargo for co-loading.
- (2) The Carrier enters into carrier-to-carrier relationships for the co-loading of cargo with the following NVOCCs from time to time:
- (3) If Carrier enters into a co-loading arrangement which results in a shipper-to-carrier relationship as a tendering NVOCC Carrier shall be responsible to pay any charges for the transportation of the cargo.
- (4) A shipper-to-carrier relationship shall be presumed to exist where Carrier issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo unless Carrier and the tendering NVOCC enter a Carrier-to-Carrier Agreement in which case the presumption of a formation of a Carrier to Shipper relationship is rebutted. Carrier’s NRA procedures shall be applicable to all co-loading NVOCCs tendering cargo to Carrier as a shipper.
- (5) In case of co-loading, under either a carrier-to-carrier or shipper-to-carrier relationship, Carrier shall notify shipper of such co-loading action and shall annotate each Bill of Lading with the identity of any other NVOCC with which its shipment has been co-loaded. Such annotation shall be shown on the face of the applicable Bill of Lading issued by Carrier.
- (6) If cargo is accepted by Carrier from another NVOCC which tenders that cargo in the capacity of a shipper, NRA procedures shall apply.
Except as otherwise provided in paragraph below, hazardous, explosive, flammable or dangerous cargo, as defined in the publications named below, will be accepted by the Carrier for transportation under the rules, charges and rates named in NRAs governed by this Tariff:
- ONLY after prior booking and arrangements have been made with and accepted by the Ocean Carrier;
- ONLY when local regulations, ordinances and lawful authorities at origin, destination or transshipment ports/points permit the handling of such cargo at Carrier’s or port terminals and facilities;
- ONLY when U.S. Coast Guard and/or local authority permits have been obtained and complied with by Shipper and/or Consignee.
- Carrier reserves the right to refuse to accept or transport cargo which, in the judgment of the Carrier, is opprobrious or likely to injure vessel, docks, terminals, rail cars, trucks or other cargo, or for which the Carrier CANNOT provide or obtain safe and suitable terminal space or stowage. Further Carrier will refuse any shipment of hazardous, explosive, flammable, dangerous or objectionable cargo when shipping containers, marking, labels, certifications, packing or packaging of such cargo is NOT in accordance, and strict compliance, with the rules, regulations and provisions in the publications named below.
- All commodities required to be carried on-deck of transporting vessel, either in the open or under cover, or which if stowed below deck must be stowed in a “magazine”, or which cannot be loaded or unloaded without a permit from the U.S. Coast Guard, shall be considered, for Tariff purposes, hazardous or dangerous cargo, and will be rated accordingly.
- The hazardous cargo named below will NOT be accepted for transportation by the Carrier or its connecting Carriers for transportation under the rules, regulations governed by this Tariff:
Classes A and B Explosives
Radioactive Substances (IMCO Class No. 7)
- All hazardous, explosive, flammable or dangerous cargo, when accepted by the Carrier for transportation MUST be packed, labeled, placarded, marked, stowed and secured (when in containers) and delivered in strict accordance with:
- U.S. Coast Guard Regulations (46 CFR §§146-179);
- U.S. Department of Transportation Regulations (49 CFR §§170-179);
- the International Maritime Dangerous Goods Code (IMCO – published by the Inter-Governmental Maritime Consultative Organization);
- All rules and regulations promulgated by applicable local, municipal, state or foreign governments or authorities;
- MUST have all Certifications, as required by law, annotated on the B/L, Shipping Order and Cargo Receipt;
- MUST have Shipper’s attestation, when required, on the B/L and Shipping Orders that the shipment contains no mix of non-compatible hazardous materials and no hazardous waste as defined in the regulations named above.
- When booking hazardous cargo, Shipper and/or his agent MUST inform Carrier accurately and completely of the true character of the cargo together with the information noted below in writing, or it MUST be confirmed in writing when arrangements and booking has been made verbally:
- The proper shipping name, including trade or popular name, of the commodity followed by the technical name of the materials;
- The hazardous class, IMCO Code Number and UN Number (if any);
- The flash point or flash point range (when applicable);
- The applicable label(s) or placard(s) that must be placed on each package or container, including labels communicating secondary and tertiary hazards (when required);
- Identification of the type of packaging (e.g. drums, cylinders, barrels, etc.);
- The number of pieces of each type of package;
- The gross weight of each type of package or the individual gross weight of each package;
- The Harmonized Code, SITC or BTN number of the commodity;
- The types of certifications and Emergency Response Data required by the regulations named in the publications listed above.
- At the time hazardous cargo is tendered for transportation, all documentation, certifications, transfer shipping papers (as required by 49 CFR §§100-199 when applicable), and the Bill of Lading annotations required under the regulations and provisions noted in the publications listed above, MUST be furnished to originating carrier, unless such documents have already been provided prior to tendering of cargo. Carrier will compare declarations on all documentation provided at the time of shipment for possible errors; however, it is, and shall remain, the sole responsibility of the Shipper to ensure that all such documentation is correct and complete. Further, it is the Shipper’s responsibility to ensure that all pieces, packages and units in the shipment are clearly and properly marked with the required labels and placards.
- When a shipment has been accepted by the Carrier for transportation and subsequently an error is found in the required certifications, packaging, labeling, placarding or other required notice or marking requirement(s) and regulation(s), all damages, fines or penalties, actual or consequential, shall be for the account of the party required to provide such certifications, packaging, labels, placards, etc.
- When required by law, governmental regulations, the regulations specified in the publications listed above or by underlying VOCC utilized, it is necessary to forward hazardous cargo separately from non-hazardous cargo, the hazardous cargo will be considered and handled as a separate shipment and rated accordingly. Additionally, when a shipment contains 2 (two) or more hazardous articles which, under the provisions of the regulations specified in the publications listed above, are prohibited from being loaded or stored together, each article or group of incompatible articles in the shipment will be considered and handled as a separate shipment and rated accordingly.
- All shipments of Hazardous cargo as defined in this Rule, when accepted and transported by Carrier will be subject to the Hazardous Cargo Surcharge named in the NRA governed by this Tariff (if any), which charge shall be in addition to all other applicable charges.
Any charges for storage, detention or demurrage of freight or containers, as a result of being in excess of the free time prescribed in ocean carrier’s tariffs or agreements, assessed by vessel operators on whose vessel cargo is/was transported or terminal operator at origin point or port or destination point or port due to some default or oversight of shipper or consignee or holder of bill of lading will be for the account of the cargo without in any way affecting the liability of the carrier for the condition of cargo.
Merchant shall be liable for return freight and charges on the goods if they are refused export or import by any government or for any other reason whatsoever.
Shipper or Consignee requests or complaints (including request for adjustment in NRAs, tariff interpretation), must be made in writing and addressed to the carrier as shown on the Title Page and/or Tariff Record.
- Bill of Lading Commodity Description Description of commodities on all Bills of Lading (which shall be verified by a comparison with the description of the corresponding customs declaration) shall determine the NRA to be applied. The Bill of Lading description shall be subject to correction in the event of misdeclaration of commodity.
For purpose of uniformity in handling claims for excess measurements, refunds will only be made as follows:
- Where an error has been made by the dock in calculation of measurements.
- Against re-measurement at port of loading prior to vessel’s departure.
- Against re-measurement by vessel’s agent at destination.
- By joint re-measurement of vessel’s agent and consignee.
- By re-measurement of a marine surveyor when requested by vessel’s agent.
- Re-measurement fees and cable expenses in all cases to be paid by party at fault.
In cases of claims by shipper or consignee of overcharge in weight certified invoice or weight certificate to be considered evidence of proper weight. Written claims for adjustment will be acknowledged by the carrier within twenty (20) days of receipt by written notice to the claimant of the tariff provisions actually applied and the claimant’s rights under the Shipping Act of 1984. 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, within three years of the date of cause of action occurs.
Carrier does not own or lease equipment. When equipment is provided to shippers and/or consignees by Vessel Operating Common Carriers (VOCCs) the VOCC, either directly or via the carrier, provisions and charges will be for the account of the cargo.
Carrier does not operate terminals at origin or destination. Except as otherwise provided in the individual NRA all shipments that are subject to origin, destination, terminal, local or foreign charges shall be for the account of the cargo.
In destination countries where DTHC are required to be prepaid, Carrier shall require the same prior to shipment.
- Bonding of NVOCC
- Carrier has furnished the Federal Maritime Commission a bond in the amount required by 46 CFR §§ 515, 521 to ensure the financial responsibility of Carrier for the payment of any judgment for damages or settlement arising from its transportation related activities or order for reparations issued pursuant to Section 11 of the Shipping Act, 1984 or penalty assessed pursuant to Section 13 of the Act.
- Bond No. 2017020120
- Issued by: Southwest Marine and General Insurance Company
Agent for Service of Process
- Carrier’s legal agent for the service of judicial and administrative process, including subpoenas is not applicable; Carrier is domiciled in the U.S. (See Title Page and/or Tariff Record).
- In any instance in which the Carrier cannot be served because of death, disability or unavailability, the Secretary of the Federal Maritime Commission will be deemed to be the Carrier’s legal agent for service of process.
- Service of administrative process, other hand subpoenas, may be effected upon the Carrier by mailing a copy of the documents to be served by certified or registered mail, return receipt requested.
If the shipper or a member of a shipper’s association tendering cargo to the Carrier is identified as an NVOCC, the carrier shall obtain documentation that the NVOCC has a tariff and a bond on file with the US Federal Maritime Commission as required by Sections 8 and 19 of the Shipping Acts of 1984 and 1998 before the Carrier accepts or transports cargo for the account of the NVOCC.
A copy of the tariff rule published by the NVOCC and in effect under 46 CFR §§ 520 and 532 will be accepted by the Carrier as documenting the NVOCC’s compliance with the FMC tariff and bonding requirements of the Acts.
- Upon tender of cargo to Carrier Shipper shall provide to Carrier a Shipper Actual Gross Mass Weight Verification (“VGM”) which meets the requirements of the International Maritime Organization (IMO) per its Guidelines relating to the Safety of Life at Sea Convention (SOLAS) for the export of containerized cargo.
- If a Shipper does not provide a satisfactory VGM to Carrier prior to tendering the cargo to Carrier, Carrier has the right to refuse to accept such cargo until one is provided to Carrier or if Carrier does accept container(s) from Shipper it may lawfully opt to not deliver the container(s) to the ocean terminals for loading on a vessel until it does receive a satisfactory VGM.
- At Carrier’s sole option, Carrier can arrange to obtain a VGM on Shipper’s behalf provided that Carrier agrees to do so in writing and by Shipper providing an executed written authorization for Carrier to do so in a format acceptable to Carrier whereby Carrier agrees to act as an agent on Shipper’s behalf solely for that purpose. Accepting that function shall not otherwise alter Carrier’s relationship as an independent contractor as Carrier. In the event that Carrier agrees to provide this service Carrier shall charge Shipper a VGM fee as stated in each individual NRA.
- VGM’s provided by the Shipper to Carrier shall have been obtained from either Method 1 as described by SOLAS, which requires that the full container load was weighed after it was packed, and/or Method 2 which requires weighing all the cargo and contents of the container and adding the tare weight of the container as indicated on the door of the container.
- Whether Method 1 or Method 2 is utilized by the Shipper, for the shipper’s weight verification to be compliant with the SOLAS requirement, it must be “signed”, meaning a specific person representing the shipper is named and identified as having verified the accuracy of the weight calculation on behalf of the shipper. Identification of the person signing requires that their full name, address, and phone number/e-mail address be provided.
- Method 2 shall not be allowed by Carrier for scrap metal, un-bagged grain and other cargo in bulk “that “do not easily lend themselves to individual weighing of the items to be packed in the container”
- Carrier will not accept estimates of weight, and the weighing equipment used must meet national certification and calibration requirements. Further, the party packing the container cannot use the weight somebody else has provided, except that individual, original sealed packages that have the accurate mass of the packages and cargo items (including any other material such as packing material and refrigerants inside the packages) are clearly and permanently marked on their surfaces.
- If containers are delivered to the piers/terminals by the Carrier without a satisfactory VGM and the load port has appropriate weighing facilities, all charges, fees, and or penalties with respect to weighing subject container shall be for the account of the Shipper.
- Carrier shall not be responsible for charges, fees, penalties or other claims for containers for which a verified weight was provided prior to loading in a preceding load port and which may be loaded in transshipment ports which may require another VGM whether or not the SOLAS Guidelines do not require such re-weighing.
- Shippers who tender less-than-container load (“LCL”), whether beneficiary cargo owners, or non-vessel operating common carriers shall similarly provide VGMs for cargo tendered to Carrier loading facilities, and are subject to all weight regulations herein.
- Shipper shall be responsible for all charges and fees from ocean carriers and/or terminals resulting from any VGMs provided by Shipper and/or third parties, or for any other reason whatsoever, including demurrage, detention, per diem, related to ocean carriers’ and terminals’ implementation of SOLAS.
- CARRIER – means publishing carrier and/or inland U.S. Carriers.
- CONSIGNOR, CONSIGNEE OR SHIPPER – include the authorized representatives or agents of such “consignor,” “consignee,” or “shipper.”
- CONTAINER FREIGHT STATION (CFS) – (Service Code S) –
- a) At Origin – The location designated by the carrier where the carrier will receive cargo to be packed into containers by the carrier, or his agent.
- b) At Destination – The location designated by the carrier for the delivery of containerized cargo to be unpacked from said containers.
- CONTAINER LOAD – (CL) – Means all cargo tendered to carrier in shipper-loaded containers.
- CONTAINER YARD – The term “Container Yard” (CY) (Service Code Y), means the location where carrier receives or delivers cargo in containers.
- CONTROLLED TEMPERATURE – means the maintenance of a specific temperature or range of temperatures in carrier’s trailers.
- DRY CARGO – means cargo other than that requiring temperature control.
- IN PACKAGES – shall include any shipping form other than “in bulk,” “loose,” “in glass or earthenware, not further packed in other containers” or “skids”
- KNOCKED DOWN (KD) – means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 33 1/3 percent from its normal shipping cubage when set up or assembled.
- KNOCKED DOWN FLAT (KDF) – means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 66 2/3 percent from its normal shipping cubage when set up or assembled.
- LESS THAN CONTAINER LOAD (LTL) – means all cargo tendered to carrier not in shipper-loaded/stuffed containers
- LOADING OR UNLOADING – means the physical placing of cargo into or the physical removal of, cargo from containers.
- MERCHANT– means any Person who at any time, in relation to the Goods, has been or becomes the shipper, consignor, consignee, exporter, importer, the holder of the Bill of Lading and/or the receiver or the owner of the Goods, any person entitled to possession of the Goods, any Person having a present or future interest in the Goods or any Person acting on behalf of any of the above-mentioned Persons, including a Factor or Lender.
- MIXED SHIPMENT – means a shipment consisting of articles described in and rated under two or more NRAs.
- MOTOR CARRIER – means U.S. Motor Carrier or Motor Carriers.
- NVOCC SERVICE ARRANGEMENT (NSA) means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of nonperformance on the part of any party.
- NSA SHIPPER – means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers’ association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U.S.C. 40102(16)), that accepts responsibility for payment of all applicable charges under the NSA.
- NEGOTIATED RATE ARRANGEMENT (NRA) – means the written and binding arrangement between an NRA shipper and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).
- NESTED – means that three or more different sizes of the article or commodity must be enclosed each smaller piece within the next larger piece or three or more of the articles must be placed one within the other so that each upper article will not project above the lower article more than one third of its height.
- NESTED SOLID – means that three or more of the articles must be placed one within or upon the other so that the outer side surfaces of the one above will be in contact with the inner side surfaces of the one below and each upper article will not project above the next lower article more than one-half inch.
- ONE COMMODITY – means any or all of the articles described in any one-NRA.
- PACKING – covers the actual placing of cargo into the container as well as the proper stowage and securing thereof within the container.
- PUBLISHING CARRIER – means PANTOS USA, INC., a Non-Vessel Operating Common Carrier (NVOCC) licensed by the U.S. Federal Maritime Commission under FMC License No. 000000.
- RAIL CARRIER – means U.S. rail carrier or rail carriers.
- SHIPMENT – means a quantity of goods, tendered by one consignor on one bill of lading at one origin at one time in one or more containers for one consignee at one destination.
- STUFFING – UNSTUFFING – means the physical placing of cargo into or the physical removal of cargo from carrier’s containers.
- UNPACKING – covers the removal of the cargo from the container as well as the removal of all securing material not constituting a part of the container.
EXPLANATION OF ABBREVIATIONS
- Ad Val
- Ad Valorem
- All Inclusive
- Board Foot or Board Feet
- Bill of Lading
- Bunker Adjustment Factor
- Board Measurement
- Change in tariff Item
- Currency Adjustment Factor
- CBM, CM or M3
- Cubic Meter
- Cubic Centimeter
- Container Freight Station
- Cubic Foot or Cubic Feet
- Cubic Weight
- Container Yard
- Destination Delivery Charge
- Essential Terms
- Et Cetera
- Freight All Kinds
- Free Alongside Ship
- Flat Bed
- Full Container Load
- Forty Foot Equivalent Unit
- Free In
- Free In and Out
- Free In, Out and Stowed
- Free Out
- Free On Board
- Federal Maritime Commission
- Flat Rack
- Feet or Foot
- Garment on Hanger
- New or Initial Tariff Matter
- Knocked Down
- Knocked Down Flat
- Kilo Ton
- LTL Less than Container Load
- Long Ton (2240 Lbs)
- MBM 1,000 Feet Board Measure
- Minimum Quantity Commitment
- Not Applicable
- Negotiated Rate Arrangements
- NVOCC Service Arrangements
- Not otherwise specified
- Open Top
- Package or Packages
- People’s Republic of China
- Puerto Rico and U.S. Virgin Islands
- Reefer / Refrigerated
- Revenue Ton
- Rail Yard
- Shipper’s Load and Count
- Sq. Ft
- Square Foot or Square Feet
- Short Ton (2000 lbs.)
- SU or S/U
- Set `Up
- Twenty Foot Equivalent Unit
- Terminal Handling Charge
- Terminal Receiving Charge
- United States of America
- United States Dollars
This tariff is published on the Internet web-site of PANTOS USA, INC. at: http://www.pantos.com. Interested parties should contact: Mr. Samuel Ra by email at firstname.lastname@example.org concerning access to Carrier’s tariff. Please refer to the tariff profile or title page for additional contact information
Rules 31-200 reserved for future use.
Pursuant to 46 CFR § 531.9 (a), Carrier hereby give public notice in tariff format the following essential terms of each NSA it has entered into with shippers as on file at the Federal Maritime Commission:
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