Effective: JANUARY 24, 2008
CATANIA CHB INC. dba CCB INTERNATIONAL
50 IVYWOOD DRIVE
CLARKS SUMMIT. PA 18411
Ph (516) 383-4052
Fx (516) 706-1083
CCB INTERNATIONAL UTILIZES NEGOTIATED RATE AGREEMENTS (NRA'S) EXCLUSIVELY AS STIPULATED IN 46 CFR 532 AND PURSUANT TO AND IN COMPLIANCE WITH FMC 76 FR 11351 AND Correction 76 FR 19706.
Naming Rules, Regulations and Commodity Rates Applicable on Transportation Between United States Ports and Points And Ports and Points in Countries (As Named in Rule 1)
CATANIA CHB INC. dba CCB INTERNATIONAL is a Non-Vessel Operating Common Carrier (NVOCC) registered with the U.S. Federal Maritime Commission under Organization No. 021002
Rules, Regulations and Rates Published herein apply Between United States and US Inland Points and Ports and Inland Points in the Dominican Republic as specified below:
A. US PORTS Ports as serviced as listed below and by the carrier through schedules or similar means and as filed in specific TLI's.
B. INLAND POINTS IN THE USA. All interior points within the Continental United States offered by the carrier and as filed in specific TLI's.
C. PORTS WORLDWIDE Ports as serviced as listed below and by the carrier through schedules or similar means and as filed in specific TLI's.
Application of Rates & Charges
a.) Rates published in this tariff are stated in terms of US Currency and apply per 1 METER (M) or 100O KILOS (W), whichever basis yields the greater revenue, unless a container rate is mentioned and the particular cargo fills a container in which case the container rate applies. All freight rates and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package.
b.) Unless otherwise provided the rates and tariffs include customs clearance of cargo, forwarding commissions, custom brokers fees or storage charges at destination.
c.) Description of Commodities shall be uniform in all copies of the bills of lading and must be in conformity with the United States Import Export Declaration of the shipment. Changes of commodity description must be in agreement with customs laws and fines if any are for the account of cargo.
d.)The rates in this Tariff except when lower values are transported or cargo is carried in ad valorem terms is subject to the Bill of Lading limit of value. If shipper/ consignee requires a liability above the bill of lading limit of value a written declaration to this extend with the value must be given to carrier prior to booking the cargo.
e) Unless a commodity is specifically provided for the Cargo N.O.S. rate will apply. When a commodity is clearly influenced by its end use, the freight shall be assessed based on the rate of the end use commodity. When one rate is more specific than other, the more specific rate is to apply.
f.)All charges imposed by a governmental authority on cargo will be for account of cargo. If the Government(s) require inspections such inspections will be for account of cargo.
g.) Packages containing articles of more than one description shall be rated on the basis of the rate provided for the highest rated articles contained therein.
h.) The tariff rates, rules and charges applicable to a given shipment must be those published and in effect when the cargo is received by the ocean carrier in its entirety (all the quantity of the container).
U.S. INLAND PORTION
Carrier does not offer inland transport in the United States as a inland transport operator. It only offers the coordination of inland transport as an agent for either shipper or consignee.
Carrier at shipper's/consignee's request will, as agent only for shipper/consignee, arrange for the pre or on carriage of the cargo to or from the port of loading or discharge. The carrier will apply the inland rates of inland transport operator, and the inland charges set forth in this tariff and the Inland charges may be set forth on the bill of lading or separately billed to the shipper/consignee. Responsibility for the payment of such charges shall be of the shipper and consignee jointly and severally. The carrier, at the shipper's / consignee's request can advance the pre or the on carriage charges for the account of the shipper or consignee. By arranging for the pre or on carriage of the cargo, carrier does not assume responsibility for the cargo during pre or on carriage and shall not be construed to be offering a through intermodal service, unless so stated in the bill of lading.
The inland rates apply from the shipper's door. Inland carrier spots empty containers at the shippers facilities, at carrier's expense, for loading by and at the expense of the shipper. Shipper is allowed the normal waiting time for loading assessed by the inland carrier and any additional charges assessed by the inland carrier for the driver standing by are strictly for the account of the cargo and will be invoiced accordingly. Dropping of the container for stuffing at the shipper's premises must be consulted with carrier who will assess the extra charges levied by the inland carrier. Shipper must prepare all inland shipping documents in accordance with the ocean carriers instructions.
a.) If other services requested to the ones mentioned above carrier will charge the shipper for services rendered in accordance with inland carrier's applicable tariff. b.) When shipments pursuant to this tariff move from inland carrier's terminal the tariffs, conditions and rates of inland carrier apply (free time/demurrage/ storage) c.) If shipper requests cargo to be retained at port of loading carrier will invoice the added charges that might occur to shipper. d.) Service will not be provided were unsafe, impractical operation of vehicles, Inadequate loading facilities or impossible due to riots, strikes, act of good, public enemy, terrorism, violence or disturbances creating a danger that is unreasonable.
If permits, escorts, bonds or other services required for inland transport according to authorities, arrangements thereof must be made and paid by shipper.
DISPOSITION OF FRACTIONS
Fractional dimensions shall be disposed of in freighting cargo as follows:
All fractions under one-half inch shall be dropped.
All fractions over one-half shall be taken to the next full inch.
Where a fraction of exactly one-half inch occurs in one dimensions, it shall be taken to the next full inch.
Where fractions of exactly one-half occur in two dimensions, the small dimension shall be taken to the next full inch and the other dropped. However, if both dimensions are equal, increase one fraction to the next full inch and drop the other.
Where fractions of exactly one-half inch occur in three dimensions, the largest and smallest dimensions shall each be taken to the next full inch, and the other dropped. However, if all three dimensions are equal, increase two of the fractions to the next full inch and drop the other.
FRACTIONAL CUBIC FEET
Each item of the Bill of Lading shall be considered separately.
On a single package of less than one cubic foot, it shall be freighted at one-half cubic foot. If the fraction exceeds one-half cubic foot, it shall be freighted at one cubic foot.
On a single package in excess of one cubic foot, if the fraction is less than one-half cubic foot, it shall be dropped. If the fraction is one-half cubic foot or over, it shall be taken to the next cubic foot.
On each item on a Bill of Lading consisting of two or more packages, actual fractions shall be used to determine the total measurement of all the packages.
Where the total results in a fraction, such fractions shall be dropped if less than one-half cubic foot. If the fraction is one-half cubic foot or over, it shall be taken to the next full cubic foot.
BILL OF LADING FEE
Unless otherwise provided for B/L FEE will be assessed at the levels indicated below:
US DLRS $75.00 per Bill of Lading.
The tariff rates, rules and charges applicable to a given shipment must be those published and in effect when the cargo is received by the ocean carrier or its agent (including originating carriers in the case of rates for through transportation). A shipment shall not be considered as "received" until the full bill of lading quantity has been received.
PAYMENT OF FREIGHT CHARGES
A. For the purpose of this rule, the term freight when used in this rule shall refer to commodity freight rates and all other charges and accessorials set forth in the commodity items of this tariff.
B. Except as otherwise provided in this rule, freight and charges shall be prepaid not later than the time of release of any Original Bill of Lading by the carrier to the shipper or his duly authorized licensed freight forwarder or agent acting in his behalf.
C. When freight and charges are prepaid, carrier must receive payment of freight in U.S. Dollars or other convertible currency based on the highest (numerical) telegraphic transfer selling rate of exchange (TTS) for
U.S. Dollars as quoted by the official foreign exchange bank on:
(1) Intermodal Cargo: The day before receipt of full bill of lading quantity of cargo at carrier's designated terminal when "received" bills of lading, without "on board" date notation, are first issued.
(2) All Water Cargo: The day before vessel's arrival when "Shipped on Board" bills of lading are issued.
D. Cargo on which no release of Original Bill of Lading has been made by the carrier to the shipper or his agent prior to the cargo's arrival at the bill of lading destination will be held by the carrier at the bill of lading destination until all freight and charges are paid or the original bill of lading has been released to a shipper with a credit approval froom the carrier.
E. Extension of Credit: Carrier may extend credit to a shipper designated on the bill of lading for freight and/or charges to be paid at origin for a period not to exceed seven (7) calendar days inclusive of Saturdays, Sundays, and legal holidays, after the date of receipt of cargo at the respective place of receipt by the carrier. Carrier may extend credit to shippers having six months satisfactory payment experience with the carrier and can furnish three satisfactory credit references. At the time of release of the bill of laindg, the carrier must have given prior approval of credit privileges for the shipper which has not been suspended.
1. The shipper's credit approval shall remain in effect from the date of written notice by the carrier unless terminated by written notice from carrier to other parties or by suspension for failure to comply with the terms of this Rule, or Carrier's Bill of Lading.
2. When carrier releases prepaid bills of lading under the terms of the shipper's credit approval to a shipper or his authorized representative, he may require the shipper or his authorized representative to acknowledge the receipt of the bill of lading in writing. In all cases the shipper shall be responsible for payment when a bill of lading is released to the shipper's freight forwarder or agent acting in his behalf.
3. It is the responsiblity of the carrier to take prompt measures to collect freight and charges unpaid after the seven (7) days credit period specified in this rule. Carrier will notify the shipper and/or the forwarder who fails to pay freight and charges within the seven (7) day period provided herein, that no further credit shall be extended by the carrier to the shipper concerned and the privilege of credit shall not be restored until all freight monies and charges, due and owing the carrier by the shipper for a period longer than the seven (7) day period hereinabove provided, shall have been paid.
F. When Freight and Charges are "Collect:" Prior to release of cargo at destination, carrier must receive payment of freight in U.S. Dollars or other convertible currency based on the highest (numerical) Telegraphic Transfer Selling rate of exchange (TTS) for U.S. Dollars as quoted by the official foreign exchange bank on the day before receipt of such payment.
G. Methods of Payment: Payment for freight and/or other charges due the carrier must be payable in legal tender or, at carrier's option, by check or bank draft.
Liability, ad valorem rates and bill of lading
a.) Liability of the carrier is to be determined by the clauses of the carrier's bill of lading and booking note/ warehouse receipts. The clauses can be requested from the carrier and will be provided at any time.
b.) If the shipper or consignee desire to be covered for a valuation in excess of that allowed by the bill of lading of the carrier the shipper must so stipulate before the booking and the value of the cargo must be placed on the bill of lading by the shipper. Such additional liability only will be assumed by the carrier at the written request of the shipper or consignee and upon payment of an additional charge based on the total declared valuation of the cargo.
c.) An ad valorem surcharge will be levied to cover the added valuation. This AD VALOREM SURCHARGE will be of 5% of the value declared in excess of the bill of lading limit of value and is added to the base rate.
Claims for wrongful application of charges/rate
a.) All claims for adjustment of freight charges to be presented within three years of the time of shipment.
b.) Claims must be presented with the following original or equivalent documents:
2. Packing List
3. Commercial Invoice
4. Quotation if any by carrier.
5. Export Declaration.
The Merchant (consignee and shipper) warrant that it agrees to the terms and conditions of the tariff and the carriers bill of lading, warehouse receipt/ booking note. The shipper and consignee acknowledge that the Carrier is a non-vessel operating common carrier (NVOCC) and that it neither owns nor charters vessels. As a result of this the Carrier or any sub-carrier (which may be an NVOCC) will be required to contract with an actual ocean carrier to accomplish the Carriage contemplated by the carrier's bill of lading and does so as the agent of the shipper & consignee
CHARGES AND SURCHARGES
See Following Sub-Rules
Dangerous cargo or unsuitable cargo.
a.) Explosive, flammable, dangerous or objectionable goods will be accepted for transportation only after prior booking arrangements have been made with and accepted by the ocean going carrier and the carrier. The carrier reserves the right to refuse to accept or transport any cargo which in its judgment is objectionable or likely to injure the container, the vessel, docks or other cargo or for which in the individual carrier's opinion it has no safe and suitable stowage. Documentation and correct identification of dangerous cargo is the exclusive liability of the shipper of the cargo.
b.) Cargo which has an inherent vice which is likely to impregnate or otherwise damage the carrier, carrier's warehouse or other cargo should not be delivered to carrier and will be rejected if vice is apparent unless arrangements to the contrary have been concluded with the carrier in writing.
c.) Carrier reserves the right to reject pieces or packages that because of their height, weight, length, width or weight exceed the capabilities of carriers equipment.
d.) Carrier reserves the right to reject refrigerated cargo or cargo requiring special temperature control.
Time/ Volume Rates.
The carrier can have Time/ Volume rates, which will be published and will be conditional upon the receipt of a specified aggregate volume of cargo or freight revenue over a period of time.
Any shipper or consignee shall be eligible as long as the shipper / consignee provides written notice to carrier of the intent to ship under said Time Volume rate.
The carrier shall maintain for at least five years records to show compliance of the volumes or freight revenue.
A. Refrigerated cargo is subject to special booking arrangements with the Carrier, subject to Carrier's option of acceptance, at rates provided for herein.
B. Refrigerated cargo is carried in refrigerated trailers only.
C. Bills of Lading covering freeze or chill commodities will be so noted by shipper and shipments are subject to the following provisions:
1. Carrier not responsible for the accuracy or applicability of refrigerating instructions given it by shipper.
2. Carrier not responsible for conditions arising prior to or subsequent to its movement of refrigerated commodities.
3. Carrier will not accept cargo to be carried at freeze temperatures, unless cargo has been pre-frozen prior to loading into Carrier's trailers.
4. Carrier agrees to maintain temperature requested by shipper during transit, with allowance for not more than five degrees (5 deg.) over or under requested temperature.
5. Carrier is not responsible for spoilage other than that caused by breakdown of refrigeration equipment while cargo is in its care.
D. Shipper must guarantee that consignee will take delivery of cargo immediately upon their availability at destination. Carrier is not responsible for condition of cargo on outturn if consignee fails to do so. Carrier is not responsible for maintaining temperatures after trailer is opened.
USE OF CARRIER EQUIPMENT
Carrier provides no equipment of its own. Should Shipper or Consignee request the use of underlying Carrier's equipment for loading or unloading, all charges assessed against the equipment by the underlying Vessel-Operating Common Carrier shall be for the account of the cargo.
Receipt of cargo.
In the case of CFS/CFS or CFS/CY cargo, unless otherwise provided the carrier will take receipt of the cargo at the warehouse determined by the carrier. Carrier can change the warehouse of receipt of the cargo at carrier's sole discretion and without pre-advise. Carrier will issue to the shipper or shipper's agent/ trucker a warehouse receipt/ booking note as evidence of receipt of cargo. Receipt of cargo at carriers warehouse willbe done in normal business hours as defined in this tariff.
Unless a commodity specifically provide for Dangerous or Hazardous cargo then the rates are not applicable and the CARGO NOS rate will apply.
OPEN MARINE INSURANCE/CONSULAR FEES
Rates as published herein do not include Marine insurance or Consular fees. Carrier is insured for the liabilities that might arise in the carriage of goods according to the bills of lading and additional carriers trading conditions which will be provided to shippers and consignees upon request. Carriers liability to be limited according to the terms of the bill of lading.
A. All cargo is subject to prior booking; cargo tendered without prior booking may be rejected or, at option of carrier, held for shipment on first available sailing subject to storage and all other charges which may be incurred.
B. No cargo will be received, except in accordance with arrangements that must be made between the shipper and the carrier previous to the tendering of the cargo.
CO-LOADING IN FOREIGN COMMERCE
DEFINITION: Co-loading shall mean the combining of cargo, in the import and export foreign commerce of the U.S., by two or more NVOCC's for tendering to an ocean carrier under the name of one or more of the NVOCC's.
EXTENT OF ACTIVITY: Carrier participates in co-loading agreements on a Carrier-to-Carrier relationship. Carrier tendering cargo for co-loading shall notify shipper of such action by annotating each applicable Bill of Lading with the identity of any other NVOCC with which its cargo has been co-loaded. AND/OR Carrier participates in co-loading on a Shipper/Carrier relationship, meaning the receiving NVOCC issues a Bill of Lading to the tendering NVOCC for carriage of the co-load cargo. Carrier shall coload cargo at its discretion and shall notify shipper of such action by annotating each applicable Bill of Lading with the identity of any other NVOCC with which its shipment has been co-loaded.
LIABILITY: Carrier's liability to the shipper shall be as specified on the shipper's Bill of Lading regardless of whether or not the cargo has been coloaded.
PAYMENT OF FREIGHT CHARGES: Where carrier engages in co-loading, carrier will be responsible to pay any other common carrier's rate and charges in order to transport the shipper's cargo to its destination and there will be no additional charge assessed to the shipper.
Where carrier is the tendering NVOCC, carrier shall be responsible to the receiving NVOCC for payment of any charges for the transportation of the cargo.
Claims based on incorrect freight charges which results in an overcharge to the shipper may be filed up to three years from the date of sailing. There will be no fee or charge in the event that no error on behalf of the carrier has been found.
CERTIFICATION OF SHIPPER STATUS IN FOREIGN COMMERCE
If the shipper or a member of a shipper's association tendering the cargo is identified as an NVOCC, the carrier shall obtain documentation that the NVOCC has a tariff and a bond as required by the Ocean Shipping Reform Act of 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 will be accepted by the Carrier as documenting the NVOCC's compliance with the tariff and bonding requirements of the Act.
Minimum Bill of Lading Charges
Unless otherwise specifically provided herein, the Minimum Charge for a single shipment from one shipper to one consignees shall be $150.00
(P/P) -The term P/P means containers packed by Shippers off Carrier's premises, delivered to Carrier's P, accepted by Consignee at Carrier's P and unpacked off Carrier's premises, all at the risk and expense of the cargo.
(P/S) -The term P/S means containers packed by Shippers off Carrier's premises and delivered to Carrier's P and unpacked by the Carrier at the destination port S, all at the risk and expense of the cargo.
(S/S) -The term S/S means cargo delivered to Carrier's station to be packed by Carrier into containers and to be unpacked by the Carrier from the containers at Carrier's destination port station, all at the risk and expense of the cargo.
(S/P) -The term S/P means cargo delivered to Carrier's S to be packed by Carrier into containers and accepted by Consignee at Carrier's P 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.
ALL INCLUSIVE - means the freight rate shown with the applicable TLI including ocean freight and all other surcharges and accessorial charges, except those charges effected by the choice or action of the shipper.
BILL(S) OF LADING - means contract of affreightment shipment covering one shipment from one consignor to one consignee with one set of marks.
CARGO, N.O.S. - means commdities not otherwise specified in individual commodity items in this tariff.
CARRIER - means CATANIA CHB INC. dba CCB INTERNATIONAL. and/or participating inland carriers.
CHASSIS - means a wheeled assembly, withor without container, constructed to accept mounting of demountable trailer body, container or flexivan.
CONSIGNEE - means the person, firm or corporation shown on the Bill of Lading as the shipper of the property received by the carrier for transportation.
CARRIER CONSIGNOR, CONSIGNEE OR SHIPPER - includes the authorized representatives or agents of such "Carrier", "Consignor" or "Consignee".
CONTAINER - means a single rigid, non-disposable dry cargo, ventilated, insulated, reefer, flat rack, vehicle rack or open top container with/without wheels or bogies attached not less than 20 feet or 6.06 meters nor more than 40 feet or 12.19 meters in length, having a closure of permanently hinged door, that allows ready access to the cargo. All types of containers will have construction, fittings, and fastenings able to withstand, without permanent distortion, all the stress that may be applied in normal service use of continuous transportation. Except as otherwise provided, the term "Container" is interchangeable with trailer and has common meaning.
CONTROLLED TEMPERATURE -means the maintenance of a specified temperature or range of temperatures in carrier's trailers.
DAY -means a twenty-four (24) hour period beginning at 12:01 A.M.
DRY CARGO -means cargo other than that requiring temperature control, atmosphere control or bulk cargo.
HOLIDAY -As used in this tariff shall consist of the following days:
New Years Day
Washington's Birthday (Third Monday in Feb.)
Memorial Day (Last Monday in May)
Fourth of July
When any of the holidays stipulated above falls on Sunday, the following Monday shall be deemed as that holiday.
IN PACKAGES -Shall include any shipping form other than "in bulk", "loose" "in glass or earthenware, not further packed in our container" or "skids".
KILO TON -means 1,000 kilos.
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.
MIXED SHIPMENT -means a shipment consisting of articles described in and rated under two or more rate items of this tariff.
MOTOR CARRIER -means participating motor carrier(s) as named in this tariff.
NESTED -means that three or more different sizes of the article or commodity must be enclosed, each small piece within the next larger piece or three or more of the article must be placed on within the order 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 half inch.
NON-HAZARDOUS -means non-label cargo which is permitted stowage between or under decks (other than Magazine) and such will be rated in accordance with the rates applied therefor, as provided in the tariff item and if no specific rate is published, then the Cargo,
N.O.S. rate will apply.
ONE COMMODITY -means any or all of the article described in any one rate item in this tariff.
PACKING OR STUFFING -Covers the actual placing of cargo into the container as well as the proper stowage and securing thereof within the container.
POINT -means a particular city, town, village, community, or other area which is treated as a unit for the application of rates.
PLACE -means a particular street address or other designation or a factory, store, warehouse, place of business, private residence, construction camp or the like, at a "Point".
SITE -means a particular platform or specific location for loading at a "Place".
STUFFING/ UNSTUFFING -means the physical placing of cargo into or the physical removal of cargo from carrier's containers.
TRAILER OR CONTAINER -Used interchangeably, with Container, see definition for "Container".
TRAILERLOAD -means an article has been accorded a rate(s) governed by a trailerload minimum weight or measurement per shipment.
TRUCK -means any vehicle propelled or drawn by a single mechanical power unit and used on the highways in the transportation of property.
UNITIZED LOAD -means a consolidation of shipping packages secured to pallets when the individual component shipping packages are bonded or otherwise securely held together to form a single shipping unit that has been prepared by the shipper in order to facilitate mechanical handling.
UNPACKING, UNSTUFFING OR STRIPPING -means the removal of the cargo from the containers as well as the removal of all securing material not constituting a part of the container.
VEHICLE -means a container or trailer as more fully defined under container or trailer herein.
WATER CARRIER'S TERMINAL -means the place where loaded or empty containers are received by water carrier or delivered by water carrier. The place where water carrier assembles, holds or stores its containers.
ANY QUANTITY (A.Q.)
The term "Any Quantity" or "A.Q." indicates the application of a rate, or other provisions, with no specified quantity for shipment.
The term "Barrels" shall also include hogsheads, puncheons, tierces, casks, drum or kegs.
The term "Business Hours" means the hours from 9:00 a.m. to 5:00 p.m. Mondays through Fridays, excluding Holidays. Each of such days constitutes a "Business Day."
The term "Carloading" means moving cargo from place of rest on dock or in warehouse and loading onto or into railroad cars placed on the same dock or at/in the same warehouse; also loading cargo in continuous movement from ship across dock to car.
The term "Car Unloading" means unloading cargo from railroad car onto dock or pier or into same warehouse on which or at which car is placed; also unloading cargo in continuous movement from car across dock to ship.
The term "Carrier" means CATANIA CHB INC. dba CCB INTERNATIONAL and their authorized representative or Agents or participating Rail Carriers or Motor Carriers.
CONSIGNOR, CONSIGNEE, SHIPPER
The term "Consignor", "Shipper" or "Consignee" include the authorized representatives or Agents of such "Consignor", "Shipper" or "Consignee". The "merchant" includes consignee, shipper, or consignor,or their representative or agents.
As used herein, the word "Container" will be interpreted to also mean "Trailer".
A.I - All Inclusive
A.V. or AD. VAL - Ad Valorem (According to Value)
B/L - Bill of Lading
B/M. - Board Measurement
Bbl - Barrel
BWI - British West Indies
CBM - Cubic Meter
Cntr(s) - Container(s)
Cu.Ft. or CFT - Cubic Foot (Feet)
Cwt - 100 Pounds
EAN. - Except as Noted
FCL/FTL - Full Containerload/Trailerload
F.O.B. - Free On Board
Ft - Foot (Feet)
HC - High Cube Container
I.D. - Inside Diameter
I&S - Iron and Steel
In - Inch (es)
K.D - Knocked Down
K.D.F. - Knocked Down Flat
Kgs or Kilo(s) - Kilogram(s)
Lb(s) - Pounds
L.S - Lumpsum
L.T - Log Ton (2240 Pounds)
LCL/LTL - Less than Containerload/Trailerload
M - Measurement Ton (one Cubic meter)
Max - Maximum
MBF or MBMOne - Thousand Board Feet
Min - Minimum
No - Number
NOS - Not Otherwise Specified in this Tariff
O.D - Outside Diameter
PC - Per Trailer or Container
PC 20 - Per 20 Ft. Trailer or Container
PC 40 - Per 40 Ft. Trailer or Container
STD - Standard Container
S.U - Set Up
T.E.U. or TEU - 20 Ft. Equivalent Unit
Ton - 1 cbm or 1000 kils, as Freighted
U.S. or U.S.A. - United States of America
Viz - Namely
W/M - Weight/Ton(1000 kgs) or Measurement Ton (1 CBM), Whichever Produces the Greater Revenue
W or Wt - Weight (1000 Kgs.)
W/T. - Weight Ton (1000 Kgs.)
(C) Change in wording which results in neither increase or reduction (Clerical
(I) New or Initial Matter
(N) Reissued Matter
(O) Rates declared open
(X) Times (Measure to weight ratio)
($) U.S. Dollar(s)
(/) Or (Per)
DEMURRAGE OR DETENTION
The terms "Demurrage"/"Detention" indicates a charge assessed for Carrier's trailers after the expiration of Free Time.
The term "Knocked Down" (K.D) 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% from its normal shipping cubage when set up or assembled.
KNOCKED DOWN FLAT
The term "Knocked Down Flat" (K.D.F.) 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% from its normal shipping cubage when set up or assembled.
LESS THAN TRAILERLOAD (LTL)/LESS THAN CONTAINERLOAD
The term "Less Than Trailerload" ("LTL") or Less Than Containerload (LCL) indicates the application of rate or other provisions on a quantity of freight comprising less than a specified trailerload/containerload minimum quantity.
The term "Nested" shall mean that 3 or more different sizes of the article or commodity must be enclosed, each smaller piece within the next larger piece so that each upper article will not project above the next lower article more than 1/3 of its height.
The term "Nested Solid" shall mean that 3 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 surface of the one below and each upper article will not project above the next lower article more than 1/2 inch.
The term "Net Ton" means a ton of 2000 pounds or forty (40) cubic foot.
The term "Terminal" shall mean the wharf, pier or other location regularly employed by carrier for the receipt and delivery of shipment.
Except as otherwise provided, a shipment is defined as that quantity of freight moving from one or more shippers at one port of loading at one time for delivery to one or more consignees at one port of discharge at one time, in container(s)/trailer(s), vehicles/units, LCL or rolling stock but moving on one or more bill of lading will, for the purpose of applying charges, be considered a single shipment. In applying charges, provisions, the shipment will be rated on the same basis as if it were moving on a single bill of lading and the charges prorated to the individual bills of lading based on the weight or measure contained on each bill of lading. On shipments moving on multiple bills of lading the charges will be distributed over the multiple bills of lading.
The term "Storage" shall include the charge assessed by the terminal on cargo remaining at the terminal after free time has expired and before such cargo has been loaded to the vessel or before such cargo has been placed in public warehouse for storage.
The term "Vehicles" means Self propelled, or vehicle which may be loaded by its own power. Cars will not be loaded/accepted by carrier, unless pre authorized by the carrier.
The term "Ventilated" or "Ventilation" means equipment with openings to permit the passage of air through such openings.
The term "Wheeled Cargo" means Non self propelled vehicle or unit which may be loaded by pulling or pushing. (Packaging code WHE)
ABBREVIATION - CONTAINER/TRAILER TYPE
AC - ATMOSPHERE CONTROL
DF - DROP FRAME (ALSO FOR LOWBOY, STRETCH FLAT, AND STEP DECK)
FB - FLATBED
FR - FLATRACK
GC - GARMENT CONTAINER
IN - INSULATED
LB - * USE DF LOWBOY
N/A - NOT APPLICABLE
OT - OPEN TOP
PC - DRY CONTAINER
RE - REEFER
SD - * USE DF STEP DECK FLATBED
SF - * USE DF STRETCH FLATBED
TC - TANK
ABBREVIATION - CONTAINER/TRAILER SIZE
40B - 40' X 9.5' HIGH
40X - ANY SIZE
45 - 45' X 8'X 6" HIGH
45S - 45' X 8' HIGH
45X - ANY SIZE
N/A NOT APPLICABLE
NVOCCs IN FOREIGN COMMERCE:BONDS AND AGENTS
1. Carrier has furnished the Federal Maritime Commission a bond in the amount required by Part 515 of the Code of Federal Regulations 46 to ensure the financial responsibility of the carrier for the payment of any judgment for damages arising from its transportation related activities, orders for reparations issued pursuant to Ocean Shipping Reform Act of 1998 or penalties assessed pursuant thereof.
2. Bond No. 91599
3. Bond issued by:
LINCOLN GENERAL INSURANCE COMPANY
150 NORTHWEST POINT BLVD, 4TH FLOOR
ELK GROVE VILLAGE, IL 60007
B. AGENT FOR SERVICE OF PROCESS
1. Carrier's agent for the service of judicial and administrative process including subpoenas follows in paragraph 3. In any instance in which the designated legal agent cannot be served because of death, disability or unavailability, the Secretary of the Federal Maritime Commission will be deemed to be the carriers legal agent for service of process.
2. Service of administrative process, other than subpoenas, may be effected upon the legal agent by mailing a copy of the documents to be served by certified or registered mail, return receipt requested.
3. Agent for Service of Process Address: Not Applicable, Carrier is a U.S. Company
DC -DISTRICT OF COLUMBIA
NH -NEW HAMPSHIRE
NJ -NEW JERSEY
NM -NEW MEXICO
NY -NEW YORK
NC -NORTH CAROLINA
ND -NORTH DAKOTA
RI -RHODE ISLAND
SC -SOUTH CAROLINA
SD -SOUTH DAKOTA
WV -WEST VIRGINIA
TIME/VOLUME RATES IN FOREIGN COMMERCE
CATANIA CHB INC. dba CCB INTERNATIONAL
50 IVYWOOD DRIVE
CLARKS SUMMIT. PA 18411
Dear Sir or Madam:
This confirms acceptance of Time Volume Rate No. __________
By: (Name of one Company) __________________________
Phone: _________ Fax: ________
Rates apply on containerizable cargo loaded by Carrier into standard containers. Rates are subject to all rules and surcharges applicable at the time of shipment at the loading port, except as otherwise provided in this TVR. Enrollee agrees to tender the minimum volume set forth in item (2) of the TVR.
If the Enrollee fails to tender the minimum volume commitment specified in this TVR during the time period set forth herein, then Enrollee shall pay the difference between the TVR minimum and the actual quantity shipped at the TVR rate (if two or more rates are provided, the lowest rate shall apply) or shipments shall be re-rated at the tariff rate in effect at time of shipment, whichever produces the lowest total charge. the total amount due hereunder shall be paid directly to the Carrier within twenty one (21) days from date of expiry of this TVR.
Beyond its obligations as a common Carrier, the Carrier makes no commitment to any defined service level, such as assured space, transit time, port rotation or similar service feature.
In the event of force majeure circumstances by the underling Carrier, including work stoppages, strikes, accidents, Acts of God, governmental restraints, war or hostilities, or other similar conditions, the parties shall be excused from their obligations under this TVR to the extent to and for the duration of the disability, and the TVR obligations shall be adjusted accordingly, viz: the minimum quantity commitment specified in item 2 of this agreement shall be reduced proportionally by the amount of the cargo booked but not carried on the service of the Carrier.
The shipment records which will be maintained to support the rate are the enrollment form and the bill of lading. Shipments shall be counted toward only one (1) TVR. Enrollee accepting this offering will be assigned an enrollment number which shall be represented on each bill of lading under this time volume rate offer. shipments that do not bear the TVR number on the bill of lading shall not be used to satisfy any requirements of this offering. The name of the Enrollee must appear in full style on the bill of lading as either the shipper or consignee or both (and not only as the notify party) in order for the cargo presented by the bill of lading to be credited under this offering.
All shipments made under this TVR are subject to all terms and conditions of Carrier's bill of lading.
In witness whereof, the parties have executed this agreement through their responsible representatives duly authorized as of the dates hereinafter written.
For: CATANIA CHB INC. dba CCB INTERNATIONAL A.____________
BY : _____________________BY_________
DATE : ______________DATE:_____________
TERMS AND CONDITIONS OF CONTRACT
1. Definition -In this Bill of Lading the term “Vessel" means the intended Ocean Vessel on the front hereof and any vessel, craft, lighter or other means of conveyance by water which is or shall be substituted in whole or in part for such named ocean vessel and also includes any other vessels onto which Goods may be loaded for the purpose of being transported thereon in furtherance of the carriage covered by this BIII of Lading or any part thereof. The Term "Carrier” means Catania CHB Inc. d/b/a CCB International its agents and employees. The Term "Merchant" means the Shipper, Consignor, Consignee, the holder of this Bill of Lading and or the receiver of the owner of the Goods. The Term “Container" means any container, flat rack, pallet or other form of cargo carrying unit or equipment referred to on the face thereof 'or in or on which any Goods may be unitized or otherwise packed or stowed when received by the Carrier for carriage hereunder or subsequent to such receipt. The terms “Place of Receipt”, "Intended Port of Loading", “Intended Port of Discharge” and "Intended Place of Delivery' mean respectively the place of receipt, port of loading (Ocean Vessel) port of discharge (Ocean Vessel) and place of delivery nominated on the front hereof. The term "Goods' means the cargo received from the shipper and includes any Container(s) supplied by or on behalf of any other than the carrier.
2. Carrier's responsibility (a) Subject to Clause 8 and 9 hereof the liability (if any) of the Garner In respect of the Goods during the period commencing with their being loaded onto any seagoing vessel and continuing up to and during discharge from that vessel or from another seagoing vessel into which the Goods shall have been transshipped shall be determined in accordance with the provisions of the Carriage of Goods by Sea Act of the United States of America. approved April 15. 1936. Which shall be deemed to be incorporated herein and in accordance with the terms and conditions of the Bill of Lading or other contract of carriage of the subcontractor responsible for the carriage of Goods by sea, all of which terms and conditions to the extent that they are not in conflict with the express provisions of this Bill of Lading, are incorporated herein. Save as provided in (a) hereof the Carrier shall be under no liability in any capacity whatsoever for loss or misdelivery of or damage to the goods howsoever caused whether or not through the negligence of the Carrier, His servants or agents or subcontractors or for any direct or indirect loss or damage caused by delay or for any indirect or consequential loss or damage. In the event of any loss or misdelivery or delay in delivery of or damage to the Goods occurring between the time that the Goods are received by the Carrier at the Place of Receipt and the time of delivery at the intended Place of Delivery. The onus of proving proof that such loss misdelivery, delay in delivery or damage or any part thereto occurred during the period specified in Clause (a) hereof shall be upon the Merchant. In the event that the Merchant Is unable to discharge such onus of proof. the Carrier shall be under no liability for such loss, misdelivery, delay in delivery of, or damage of the Goods (or any part thereof) In accordance with (b) hereof. INSURANCE WILL NOT BE ARRANGED BY THE CARRIER EXCEPT WITH THE EXPRESS INSTRUCTIONS IN WRITING OF THE CONSIGNOR AND THEN ONLY AT HIS EXPENSE AND LODGEMENT OF A DECLARATION AS TO VALUE PRIOR TO SHIPMENT.
3. CARRIER'S SCHEDULE -The Carrier accepts no liability for schedule deviations
4. CONTRACTING PARTIES -In agreeing to and accepting the terms of this Bill of Lading the Shipper acts for himself and on behalf of each Merchant. The Shipper warrants to the Carrier that he is entitled and is duly authorized by any other person who owns or is entitled to possession of the Goods of this Bill of Lading to agree to and accept this Bill of Lading and to deliver the Goods to the Carrier and also in accepting endorsement or delivery hereof from the Shipper, Consignee or any other prior endorsee or holder and or delivery of the Goods confirms, ratifies and agrees to be bound by all of the stipulations, exceptions and conditions stated herein whether written, printed, stamped or otherwise incorporated on the front or back hereof and that the contract contained or evidenced herein shall be fully binding between the Carrier and such Merchant in all respects. Each Merchant agrees also that all agreements and freight arrangements previously made for the carriage of Goods are superseded by the contract contained or evidenced heron.
5. SUB-CONTRACTING -Exemptions and immunities of servants, agents and sub-contractors. The Carrier shall be entitled to sub-contract on any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the Goods. The Merchant shall make no claim whatsoever in relation to the Goods against any servant, agent or sub-contractor of the Carrier or its servants or agents and shall further indemnify the Carrier against any claims which may be made upon the Carrier by any such servant, agent or sub contractor and which arise out of any claim whether arising in negligence or otherwise in relation to the Goods against whosoever made by the Merchant without prejudge to the foregoing every such servant, agent and sub-contractor shall have the benefit of all provisions herein for the benefit of the Carrier as if such provisions were expressly for their benefit, and in entering into this contract, the Carrier to the extent of these provisions does so not only on its own behalf but as agent and trustee for such servants, agents and sub-contractors. The Merchant authorizes the Carrier to arrange for any ocean or carriage required under this Bill of Lading to be performed by any ocean carrier on the terms and conditions of the regular form of Bill of Lading in use by such ocean carrier.
6. ROUTE OF TRANSPORT -(a) The Goods may at the Carrier's absolute discretion be carried as a single or several shipments by the Vessel and or any other means of transport and through any route whatsoever. Whether or not such route Is the direct advertised or customary route. (b) Any action taken by the Carrier under this Clause or delay resulting there from shall be deemed to be included within the contractual carriage and shall not be a deviation. Should the Carrier be held Liable In respect of such action, the Carrier shall be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading.
7. CONTAINER PACKED BY CARRIER -Where Goods received for carriage under this Bill of Lading are not already contained in or on Container(s) at the time of such receipt the Carrier shall be at Liberty to carry such Goods in or on Containers.
8. CONTAINER PACKED BY MERCHANT -If the Goods accepted by the Carrier Is a Container(s) into which contents have been packed by or on behalf of the Merchant: The Merchant guarantees that the stowage of the contents in Container(s) and the closing and sealing of the Container(s) are safe and proper and also that the Container(s) and content thereof are suitable for handling and carriage in accordance with the terms hereof. In the event of the Merchant's breach of such guarantee, the carrier shall not be responsible for any loss or damage to or in connection with the goods and the Merchant shall be responsible for all consequences of whatsoever kind of such breach and shall indemnify the Carrier against any loss, damage, expense or liability, which the Carrier suffers or incurs as a consequence of such breach. The Merchant shall inspect the Container(s) when the same are furnished by or on behalf of the Carrier and they shall be deemed to have been accepted by the Merchant as being in sound and suitable condition for the purpose of the transport contracted heron. Unless he gives notice to the contrary in writing to the Carrier prior to packing the Container(s). If the Container(s) are delivered from the Carrier with seals intact. Such delivery shall be deemed as the full and complete performance of the Carrier's obligation hereunder and the Carrier shall not be liable for any loss of or damage to the contents of the Container(s). The Carrier shall be at liberty to inspect the contents of the Container(s) without notice to the Merchant at such time and place as the Carrier may deem necessary. All expenses incurred In respect thereof being borne by the Merchant and in case the seals of the Container(s) are broken by the Customs or other authorities for inspection of the contents of the said Container(s). The Carrier shall not be liable for any loss, damage, expenses or any other consequences arising or resulting there from. The Bill of Lading is prima face evidence of the receipt only of the number of Container(s) as shown on the face hereof and the order and condition of the contents and any particulars thereof are unknown to the Carrier who accepts no responsibility In respect thereof.
9. CARRIER'S CONTAINER -(a) The Merchant shall assume full responsibility for and shall indemnify the Carrier against any loss of or damage to the Carriers Container(s) and other equipment which occurs while in the possession or control of the Merchant, his agents or subcontractors engaged by or on behalf of the Merchant. (b) The Carrier shall in no event be liable for the Merchant shall indemnify and hold the Carrier harmless from and against any loss of or damage to property of the other persons or injuries to other persons caused by the Carrier's Container(s) or the contents thereof during handling by, or while In the possession or control of the Merchant, his agents or sub-contractors engaged by or on behalf of the Merchant.
10. RETURN OF CONTAINERS -In case goods are delivered in Container(s) which the Carrier owns or to the possession of which the Carrier is otherwise entitled the Merchant taking delivery shall return such Container(s) promptly.
11. DESCRIPTION AND PARTICULARS OF GOODS -The description and particulars of the Goods set out on the face hereof are furnished by the Merchant and are unknown to the Carrier who shall be under no responsibility whatsoever in respect to such description and particulars. (b) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out on the front hereof and any other particulars furnished by or on behalf of the Merchant are correct and shall indemnify the Carrier against all loss, damage. expenses and liability, including taxes, penalties and fines suffered or incurred by the Carrier as a result of the Merchant being in breach of such warranty.
12. FREIGHT AND CHARGES -(a) The freight payable hereunder has been calculated and based on particulars of the Goods furnished by or on behalf of the Merchant. The Carrier shall be entitled at any time to reweigh, remeasure or revalue the Goods and for the purpose to open and remove and examine the contents of any Container(s) and if the particulars furnished are found to be Incorrect the freight shall be adjusted accordingly and the Merchant shall also pay any expenses incurred by the Carrier in checking the said particulars. Freight shall be deemed earned on receipt of the Goods by the Carrier and shall be paid by the Merchant. Goods and/or conveyance lost or not lost. Except to the extent (if any) to which they may be inconsistent with any of the express terms of this Bill of Lading the terms of the Carriers applicable tariff, current at the time when the Goods were received by the Carrier for carriage under this Bill of Lading, are Incorporated into this Bill of Lading and form part of the contract or evidence herein.
13. LIEN -(a) The Carrier shall have a lien on the Goods which shall survive delivery for any sums whatsoever payable by or chargeable to or for the account of the Merchant under this Bill of Lading and any contract preliminary hereto and the cost and expenses of recovery of same and may sell the Goods privately or by public auction without notice to the Merchant. If on sale of the Goods the proceeds fail to cover the amount due and the cost and expenses incurred, the carrier shall be entitled to recover the deficit from the Merchant. (b) If the Goods are unclaimed during a reasonable time or whenever, in the Carriers opinion, the Goods will become deteriorated, decayed or worthless. The Carrier may, at his discretion and subject to his lien and without any responsibilities attaching to himself abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant.
14. EXPENSES The Merchant shall be liable for and shall indemnity the Carrier and hold it harmless against all loss, damage, costs, expenses and liability (Including taxes, penalties and fines) of whatsoever nature suffered or incurred by the Carrier in connection with the Goods or the Container(s) because of the failure of the Merchant to procure consular, Department of Health or other permits or any papers that may be required at any port or place in connection with the Goods or to supply Information or otherwise to comply with all laws and regulations in connection with Goods or any expenses or disbursements incurred in accordance with Paragraph 16 (a) and 9 (b) hereof or from any other act or omission of the Merchant and also against all damages, charges, legal fees and other expenses which the Carrier may incur in connection with attachments, seizures, executions, claims or legal proceedings of any description against Goods by third parties, or any proceedings by way of intermediaries or otherwise which the Carrier may bring to determine the right of ownership or possession in or to the Goods or Container(s) also against any expenses or charges for regaining or attempting to regain possession of the Goods or Container(s). The Merchant authorizes the Carrier to pay and/or incur all such costs, expenses and charges and to do any matters mentioned above at his expenses and as his expense and his agent and engage other persons to regain or seek to regain possession of Goods or Container(s) and do all things deemed advisable for the benefit of Goods or Container(s). The merchant and the Goods shall be jointly and severally liable for the payment of any sums due to the Carrier hereunder by the Merchant. Without in any way limiting the generality of the foregoing, the Merchant shall indemnify the Carrier in respect of any dues or other charges which the Carrier becomes legally liable to pay and pays to any governmental customs or other authority in respect of the Goods or Container(s).
DANGEROUS GOODS AND CONTRABAND Goods of any inflammable, explosive, radioactive, corrosive, damaging noxious, hazardous, poisonous, injurious or dangerous nature must not be tendered for carriage hereunder unless written notice of their natural name, label, classification and the method of rendering the said Goods innocuous with the names and addresses of the shipper and consignee has been previously given to the Carrier and their nature is distinctly marked on the outside of the Container(s), package(s) or piece(s) as required by treaty, cable statutes or regulations The foregoing written notice shall bear the certificate required by applicable statutes or regulations to certify that the Goods are properly described, packed and marked and in proper condition for transportation according to the regulations prescribed by a competent authority. If any Goods tendered for carriage without previous written declaration are or at any time become of the above mentioned nature or are or become contraband or prohibited by any law or regulations of any port or loading discharge or call or any place during transit whether the Merchant Is aware thereof or not. Such goods upon discovery at any time may be rendered innocuous, thrown overboard or discharged at any port or place, or be otherwise disposed of at Carriers or sub-contractors discretion without any liability attaching thereto and without prejudice to the Garners right to freight and any other charges payable hereunder. The foregoing provisions shall also apply to any such Goods tendered for carriage with such previous declaration which in the opinion of the Carrier or his sub contractor have or are likely to become dangerous to the Carrier, Vessel. Cargo or other property or person. The Merchant shall be liable to indemnify the Carrier against all loss, damage -expenses and liabilities (Including taxes, penalties and fines suffered or incurred by the Careers as a result of the carnage of such Goods. The Carrier reserves the right but shall have no obligation to ship Container(s) packed by or on behalf of the Merchant and examine the contents thereof and arrange for restorage. recuperage or reconditioning at the Carrier's or the sub-contractors discretion but at the Merchants risk and expense
SPECIAL CONTAINER -(a) The Carrier does not undertake to carry the Goods In refrigerated, heated, insulated, ventilated or any other special Container(s) nor to carry special Container(s) packed by or on behalf of the Merchant as such but the Carrier will treat such Goods or Container(s) only as ordinary goods or dry Container(s) respectively, unless special arrangements for the carriage of such Goods or Container(s) have been agreed in writing between the Career and the Merchant and unless such special arrangements are noted on the face of this Bill of Lading and unless special freight required has been paid. The Carrier does not accept responsibility for the proper functioning of special Container(s) supplied by or on behalf of the Merchant. As regards the Goods which have been agreed to be carried in special Container(s) the Carrier shall exercise due diligence to maintain the facilities of the special Container(s) while they are In his actual custody and control but shall not be liable for any loss of or damage to the Goods caused by latent defects, derangement or breakdown of facilities of the Container(s) If the Goods have been packed in refrigerated Container(s) by the Carrier and the particular temperature range requested by the Merchant is stipulated in this Bill of Lading, the Carrier will set the thermostatic controls within the request temperature range but does not guarantee the maintenance of such temperature inside the Container(s). If the goods have been received by the Carrier in Container(s) which have been packed by or on behalf of the Merchant, it is the obligation of the Merchant to stow the content properly and set the thermostatic controls as required. The Carrier shall not be liable for any loss or damage to the Goods arising out of or resulting from the Merchant's failure in such obligation and further does not guarantee the maintenance of the intended temperature Inside the Container(s).
17 DECK CARGO The Carrier has the right to carry Goods and container(s) under deck or on deck on any vessel.
TRANSHIPMENT AND FORWARDING (a) Whether arranged beforehand or not the Carrier shall be at liberty, without notice, to perform the contract of carriage evidence hereby wholly or partly by the named or any Vessels) or craft or by any vehicle, aircraft or other means of transport by water, land or air, whether owned or operated by the Carrier or others The Carrier may under any circumstance whatsoever discharge the Goods or Container(s) or any part thereof at any port of place for transshipment and store the same afloat or ashore and then forward the same by any means of transport. (b) In case the Goods hereby specified cannot be found at the port of discharge or the Place of Delivery or if they are miscarried Then, when found, may be forwarded to the intended Port Of Discharge or Place of Delivery at the Carrier's expense, but the Carrier shall not be able for any loss, damage, delay or depreciation arising from such forwarding.
DELIVERY (a) The Carrier shall have the right to deliver the Goods at any Warehouse from or at the Vessels side customs house, warehouse, wharf, quay, container yard, or any other place designated by the Carrier within the geographic limits Of the intended Port of Discharge or the intended Place of Delivery shown on the face hereof. (b) In any case the Carrier's responsibility shall cease when the Goods have been delivered to the Merchant, his servants, agents or sub-contractors or any other person entitled to receive the Goods on his behalf at the place designated by the Carrier. Delivery of the Goods to the custody of customs or other authorities shall constitute final discharge of the Carrier's responsibility hereunder. (c) In case the Goods received by the Carrier are Container(s) into which contents have been packed by or on behalf of the Merchant the Carrier shall only be responsible for delivery of the total number of Container(s) and deliver the contents thereof in accordance with marks, numbers, sizes or types or packages or pieces. le case the Goods have been packed into Containers (s) by the Carrier the Carrier shall unpack the Container(s) and deliver the contents thereof and shall not be required to deliver the goods in Container(s) unless It Is a head load shipment In the event that the Carrier delivers or places the goods into any customs house, bonded store or any other place as is prescribed as part (a) hereof or as prescribed in Clause 18 hereof, the Merchant shall be liable to pay and shall pay all costs, expenses and charges associated or in any way connected therewith. (1) In the event that the Carrier attempts delivery of the goods to the Merchant pursuant to the terms hereof during normal trading hours and the Merchant, his servants, agents or sub contractors or any other person nominated to take delivery of the Goods on his behalf, does not take or accept delivery of the Goods. The Merchant shall be liable to pay and shall pay all costs. expenses and charges suffered or incurred by the Carrier, His servants, agents or sub-contractors in connection or in any way associated with such attempted delivery until it is accomplished.
NOTICE OF CLAIM AND TIME FOR SUIT -(a) Unless notice of loss or damage the general nature of such loss or damage be given in writing to the Carrier at the Port of Discharge or Place of Delivery before or at the time of delivery of the Goods or, if the loss or damage be not apparent, within 3 days after delivery, the Goods shall be deemed to have been delivered as described in this Bill of Lading. (b) In any event the Carrier shall be discharged from all Liability in respect of non-delivery, misdelivery, delay, loss or damage unless suit Is brought within ONE year after delivery of the Goods or the date the Goods should have been delivered.
THE AMOUNT OF COMPENSATION (a) When the Carrier is liable for compensation in respect of loss of or damage of Goods such compensation shall be calculated by reference to the Invoice value of Goods plus freight and Insurance if paid. In no event shall the Carrier be or become liable for any loss of or damage to or in connection with the Goods in an amount exceeding $500 per carton, or unit of measurement, using the unit in which the cargo is shipped (a container stuffed by the Merchant or 12 garments or articles of clothing when shipped as loose garments on hangers to be considered as single unit) as provided for by the United States Carriage of Goods by Sea Act. Seam 4(5) or by any similar act in force according to the provisions of clause 2 unless the nature and value of such goods have been declared by the Shipper before shipment, agreed by the Carrier, inserted in the Bill of Lading and moreover freight paid on “ad valorem" basis. Whenever the value of the Goods is less than such an amount this value in the calculation and the adjustment of claims for which the Carriers may be liable shall for the purpose of avoiding uncertainties and difficulties in fixing values be deemed to be the Invoice value plus freight and insurance If paid, irrespective of whether any other value Is greater or less. Higher compensation may be claimed only when, with the written consent of the Carrier, the value of the Goods declared by the Shipper which exceeds the limits laid down in this clause has been stated in this Bill of Lading. In that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
BOTH-TO-BLAME COLLISION CLAUSE -If the carrying ship comes Into contact with another ship as a result of negligence of the other ship and any act neglect or default In the navigation of the management of the carrying ship the Merchant undertakes to pay the Carrier or where the Carrier is not the owner and possession of the carrying ship to pay the Carrier as trustee for the owner and/or demise charter of the carrying ship a sum sufficient to indemnify the Carrier and/or the owner and/or demise charter of the carrying ship against all loss or liability to the other or non-carrying ship or her owners insofar as such loss of liability represents loss of or damage to, or any claims whatsoever of the Merchant paid or payable by the other or non-carrying ship or her owners to the Merchant and sell all recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or her owner or demise charter or the Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge or any ship or ships or objects, other than, or in addition to the colliding ships or objects are at fault in respect to a collision, contact, stranding or other accident.
NEW JASON CLAUSE -(a) In the event of accident, danger damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which the Carrier Is not responsible by statute, contract or otherwise. The Goods and the Merchant shall jointly and severely contribute with the Carrier in GENERAL AVERAGE to the payment ofany sacrifices, losses or expenses of a GENERAL AVERAGE nature that may be made or incurred and shall pay salvage and special charges incurred In respect of the Goods. (b) 11 a salving ship's owned or operated by the Carrier salvage shall be paid for as fully as If the said salving ship belonged to Strangers. GENERAL AVERAGE Shall be adjusted, stated and settled in New York or any other place selected by the Carrier and according to the York-Antwerp Rules 1994 except rules 21 and 22 thereof, Interest, however, shall be allowed on expenditures, sacrifices and allowances charged to General Average at the prime rate prevailing at time of payment plus 1 percent per annum charged by major banks until the date of the General Average Statement. Due allowance being made for any interim reimbursement from the contributory interest or from the General Average fund. The General Average Statement in every instance shall be prepared by average adjusters selected by the Carrier in average adjustments. Disbursements in foreign currency shall be exchanged into any currency at the Carriers option at the rate prevailing at time of payment and allowances for damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port of final discharge of such damaged cargo. Average agreement or bond and such additional security as may be required by the Carrier must be furnished before the delivery of the Goods. Such cash deposit, agreement or other security as the Cartier or his agents may consider requisite to cover the estimated contribution of the Goods and any salvage and special charges thereon shall be made by the Goods or the Merchant(s) to the Carrier if required before delivery. Any deposits shall be payable at Carriers option in the currency to be indicated on each occasion by the Carrier and be remitted to the Average Adjusters. Refunds of credit balance shall be paid in the same currency. It is understood that in every instance the Merchant shall remain responsible until the statement of average has been settled. In case of accident danger or disaster before or after commencement of the voyage resulting from any cause whatever, whether due to negligence or not for which or for the consequence of which the Carrier is not responsible by statute, contract or otherwise to the Goods, the Merchant(s) shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charge Incurred in respect to the Goods. If the salvage ship is owned or operated by the Carrier salvage shall be paid so fully as if the salving ship was owned or operated by strangers.
GOVERNING LAW AND JURISDICTION -(a) The contract evidence by or contained in this Bill of Lading shall be governed by the Law of the State of New York in the United States of America and any action or other dispute there under shall be brought before the New York courts unless the Carrier otherwise agrees in writing. (b) In the event that not with standing condition 21 (a) this contract shall be held to be subject to the laws of any other State or Country than except where repugnant to the provision of that law these conditions shall continue to apply.
VARIATION OF THE CONTRACT, ETC. -No servant or agent of the Carrier shall have the power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorized or verified in writing by a Corporate Officer of the Carrier.
FREIGHT FORWARDER COMPENSATION:
APPLICABLE ONLY ON CARGO ORIGINATING IN THE UNITED STATES:
1. Compensation to a Licensed Ocean Freight Forwarder will be paid in connection with any shipment dispatched on behalf of others when, and only when, such Forwarder is licensed with the Federal Maritime Commission under Section 19 (a) of the Shipping Act of 1984 and has certified in writing that it holds a valid license and has performed the following services:
A. Engaged, booked, secured, reserved, or contracted directly with the Carrier or its agent for space aboard a vessel or confirmed the availability of that space.
B. Prepared and processed the Ocean Bill of Lading, Dock Receipt, Consular Documents and Export Declarations or other similar document with respect to the shipment.
2. Carrier will not pay compensation for services described in Paragraph (1), more than once on the same shipment. Freight Forwarder Compensation cannot be paid on any shipment for which Ocean Brokerage is payable.
3. Carrier will not knowingly pay compensation on a shipment in which the Forwarder has a direct or indirect beneficial interest.
4. The amount of compensation will be: 1.25%.
5. Compensation will not be due or payable on the following:
a. Advance Charges.
b. Temporary Freight Charges or Emergency Surcharges.
c. Bulk Cargoes and Lumber exempted from the filing requirements of the Shipping Act, 1984.
d. Military Sealift Command or Military Traffic Management Command Cargoes.
e. Currency Adjustments.
Negotiable Bills of Lading
Carriers will issue Bills of lading for every shipment made. None the less shipper and consignee warrant that the Bills of Lading will not be negotiable unless consigneed "To the Order".
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