| Rule # |
Description |
Effective |
Expiry |
| 2 |
Application of Rates |
1-Sep-2007 |
|
2.1 General Rules
1. Rates named herein are thru water-rail, water-motor, or water-rail-motor rates and, unless otherwise provided, apply from point of receipt of cargo at ship's loading terminal/terminal depot.
2. Rates in this Tariff include the unloading of container, with or without chassis, from rail/motor cars. In the event containers are not moving on chassis, rates in this tariff will include the placing of containers on chassis furnished by consignee or provided by carrier and will also include affixing the containers to chassis. If consignee elects to take delivery on open flat bed trucks or trailers, rates named herein will include placing containers without chassis on such vehicles but will not include securing containers on such vehicles. (not applicable to AET)
3. Except as otherwise provided herein, no absorption of any carloading charges will be made by the Ocean Carrier on cargo delivered to Rail Carriers. (not applicable to AET)
4. Since it is necessary that Containerized Cargo be stowed on or under deck at carrier's option, bills of lading specifically claused to provide under deck stowage will not be issued for such cargo.
5. All expenses which may be incurred for Customs examination either at port of loading or at port of discharge MUST be paid by the Shipper/Consolidator or Consignee.
6. Materials and labor required for securing and proper stowage of cargo in trailer(s) such a lashing, bulkheads, cross members platforms, dunnage, etc. must be supplied by shippers at their expense and carriers shall not be responsible for such materials or the return thereof after use.
7. In any event, the carrier shall not be liable for any claim for loss or damage to the goods arising out of the improper or inadequate mixing, stuffing, tallying or bracing of the goods within the container.
8. Prior booking arrangement required for all shipments.
2.2 Arbitraries
In addition to the freight rates and charges assessed, an arbitrary will be assessed when cargo is loaded at specific outports or discharged at specific outports as may be designated by Carrier. Such arbitrary charges will be for account of cargo. For full list of designated outports and Carrier's outport arbitraries and other surcharges, please see Rule 4 of this tariff.
2.3 Calculation of Non-Published Rates, Surcharges & Arbitraries
** Not Applicable **
2.4 Precedence of Rates
1. RATES
Where one or more rates, subject to different rate bases, are established between the same two points or ports, the rate which produces the lowest charge for the quantity of cargo tendered for shipment will apply.
2. DESCRIPTIONS
Specific descriptions take precedence over general descriptions in the determination of applicable rates.
3. PORTS/POINTS
Rates from or to specific ports or points (including location groups) take precedence over all other rates of general application whether such other rates are higher or lower than the rate from or to the specific port or points.
For the purposes of this rule, the term "general application" means origin and destination ports or points named in Rule 1.
4. Intermodel through rates vs port rate plus inland add-on Intermodel through rates filed from or to specific points take precedent over port rates plus inland add-on for the same point, irrespective the intermodel through rates are higher or lower than the port rates plus inland add-on.
2.5 Two or More Rates Applicable to a Shipment
1. When two or more rates may be applicable to a given shipment and one rate is more specific than the others, the most specific rate shall apply.
2. For purposes of determining if one rate is more specific than another, the following shall apply:
(a) Commodity Description
One rate is more specific than another when it describes the commodity being shipped with greater particularity the other.
Example: Canned Pineapple is more specific than Canned Fruit or than Canned Goods, NOS.
(b) Geographic Ranges
A rate to a specific destination or from a specific origin, whether it is a through rate or a rate derived by use of the tariff add-ons, is more specific than a rate to or from a geographic zone or range. If one of the rates being compared is from a more specific origin and the other is to a more specific destination, these two rates are equally specific and therefore the lower rate applies.
Example 1: A rate to Los Angeles is more specific than a rate to West Coast Ports.
Example 2: A rate from Taiwan is more specific than a rate from Hong Kong/Taiwan.
Example 3: A rate from Indonesia to Los Angeles is equally specific to a rate from Jakarta to the U.S. West Coast if the actual shipment is from Jakarta to Los Angeles. The lower rate applies.
(c) Intermodel through rates vs port rate plus inland add-on/arbitrary
Intermodel through rates filed from or to specific points take precedent over port rates plus inland add-on/arbitrary for the same point, irrespective the intermodel through rates are higher or lower than the port rates plus inland add-on/arbitrary.
4. Except as otherwise expressly provided in the applicable tariff, in the event two or more rates are equally applicable to a given shipment, the shipper shall be entitled to the lowest of the applicable rates.
5. When a commodity description includes a "viz" list, the individual items in the viz. list will be used to compare the description with any other commodity description contained in the tariff for purposes of determining which is more specific.
Example: The term "furniture, all kinds, viz. rattan furniture" would be considered as rattan furniture for purposes of comparison with other rates for specificity.
The term "NOS" after a commodity description will not render the rate for that commodity any more or less specific than if the designation "NOS" were not present.
Example: A rate for Canned Fruit, NOS is no more or less specific than a rate for Canned Fruit.
2.6 Equalization of CY Locations
** Not Applicable **
2.7 CY Cargo Mixed with CFS Cargo
(Not Applicable to IET)
In cases of shipments consisting of destination CY cargo mixed with destination CFS cargo in the same container, the freight rate shall be pro rated as applicable per the other provisions of this Rule, but DDC shall be assessed in full on both the CY and the CFS delivery portions of the shipment.
2.8 CY/CFS and CFS/CY shipments
(applicable on cargo in Dry cargo containers only)
Unless a specific rate is provided for Y/S (CY/CFS) or S/Y (CFS/CY) service, the rates published for Y/Y (CY/CY) service will also apply for shipments moving in dry cargo containers only. Such Y/S shipments will be subject to
Destination CFS charge in Rule 19. S/Y shipments will be subject to Origin receiving charge in Rule 19.
2.9 Revenue Ton Rates
1. Tariff reference to "W" and "M" signify 1,000 kilos and 1 cubic metre respectively.
2. Except as otherwise provided under an individual rule or rate item, whenever ocean freight and all applicable accessorial charges are assessed on a W/M (weight or measurement) basis, the ocean freight and the accessorial 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. Similarly, where the Tariff provides for an alternative Ad Valorem freight basis, the freight charges shall be computed on whichever basis produces the greater revenue to the Carrier.
NOTE: In the case of a shipment having a "M" rate at one level and a "W" rate at a different level, the rates would alternate to produce whichever is the higher result.
Provided, however, if tariff has published a W/M rate, but then establishes a more specific rate on a "W" basis only, that rate will alternate with the "M" portion of the W/M rate. If tariff has published a W/M rate, but then establishes a more specific rate on a "M" basis only, that rate will alternate with the "W" portion of the W/M rate.
Example: If tariff has published a rate for Toys ex HKG/TWN to USWC at 50/M, 80/W, then publishes a specific Taiwan rate of 45/M without a W rate, the 45/M rate will alternate with the 80/W rate.
3. In the event a rate is stated in terms of both weight and measure, but a more specific rate is stated only in terms of weight or measure, but not both, the more specific rate will apply on the weight or measure basis stated, and will not be alternated with the less specific weight or measure pursuant to paragraph (2) above, unless the more specific rate expressly provides otherwise.
3.(a) Except as otherwise provided herein and under rules for Containerized, TRS, all rates apply from ship's tackle at loading pier, wharf or anchorage, at port of origin named in the Bill of Lading to ship's tackle at the pier, wharf or anchorage of the Carrier or Connecting Carrier at the port/point of destination named in the Bill of Lading and except as may be otherwise provided herein, Tolls, Wharfage, Handling Charges, Delivery Charges and all other expenses beyond ship's tackle are for account of the owner, shipper or consignee of the cargo; provided, however, that (except for the port of General Santos, the Philippines) for cargo tendered to an on-dock CY, rates shall apply from Carrier's on-dock receiving facility at origin port to Carrier's on-dock facility at the destination port listed on the Bill of Lading.
The term "ship's tackle" defined in this Tariff means that location immediately accessible to cargo gear used for lifting cargo and/or containers to or from the vessel.
3.(b) Intermodal and Minilandbridge rates apply only on shipments tendered on an Intermodal Bill of Lading issued to apply from water carrier's CY/CFS at origins shown in Rule 1 to CY/CFS at destination ports in the U.S.A. or to interior points in the U.S.A. Such intermodal and minlandbridge rates include water service to U.S. Ports of Interchange and subsequent inland transportation to interior points or CY/CFS destination ports.
The rates published herein include all charges for switching, drayage or other transfer services (including handling and wharfage) at intermediate points on shipments handled through and not stopped for special services at such intermediate interchange points. Rates do not include transit privileges of any kind. At carrier's option, cargo may be transferred into inland carrier's trailer equipment at Ports of Interchange, all costs of such transfer shall be for account of the water carrier.
3.(c) Authorized Interpretations/Class Rates :
In the event a particular commodity is not specifically listed in the applicable rate tariff, the shipper may contact the Carrier's Office for an Authorized Interpretation of the correct Item Number for the specific commodity.
4. Revenue ton rates apply from CY at loading port to CY at destination port or to Container Terminals at inland destination, as applicable. Cargo may be delivered to carrier at CY and/or received by consignee at CY only in containers and only as set forth in Rules and Regulations covering Destination Delivery Charges, Free Time, Demurrage & Detention. Cargo received by carrier at CY at loading port shall be assessed a CY Receiving Charge where applicable as set forth in Rule No. 19.
5. Cargo received by carrier at CFS at loading port shall be assessed a CFS Receiving Charge as set forth in Rule No. 19.
6. Cargo delivered to consignee at discharge port/inland point shall be assessed Delivery Charges as set forth.
7. Unless otherwise specified in the individual tariff items, the AQ rate applies to all types of containers.
8. When a revenue rate item is subject to a minimum loadability, all the accessorial charges and surcharges will also be subject to the same minimum loadability specified in the tariff rate item.
2.10 Per Container Rates
1. Unless otherwise specified in individual rate items, application of per container rates is restricted to standard dry or reefer containers as indicated.
2. The per container rates named in rates tariffs are applicable to CY cargo from one or more shipper(s) moving under one or more Bill(s) of Lading in one or more containers provided that delivery is made at destination either to one consignee, at upto a maximum of 2 different addresses; or to 2 or more consignees provided they are located at the same address and are related/affiliated companies of a single parent company, cargo is stripped by consignee off the delivery carrier's premises, and provided that freight is paid prior to delivery.
Per container rates are also applicable to CY origin container(s) being delivered CFS at destination subject to the following terms and conditions:-
-- Delivery must be made to only one consignee at one CFS.
-- CFS Destination Delivery Charges will be assessed in accordance with applicable Rule 19.
Per container rates are also applicable to CY cargo delivered a destination to a maximum of two consignees at two different addresses within the same city, who are related/affiliated companies of a single company, and provided delivery is made at the same time to one trucker.
3. Per container rates or rates assessed on a revenue ton basis are applicable whichever produces the lower revenue.
4. Per container rates are also applicable to CFS origin cargo stuffed in containers and delivered to a CY, subject to the following conditions:
a) CFS cargo may be received at one or more CFS facilities per container from one or more origin ports and is subject to CFS Receiving Charge.
b) All per container rated bills of lading within one container must be delivered at one destination CY either to one consignee, having up to two addresses shown on the bill of lading; or to two or more consignees with the same addresses shown on the bill of lading, provided they are related/affiliated companies of a single parent company.
5. Per container rates are also applicable to CY and CFS origin in same container subject to (3) and (4) Above. The CY and CFS cargo may originate from one or more ports.
6. Cargo within a container may be covered by one or more individual bills of lading for which freight charges are prepaid and/or by one or more individual bills of lading for which freight charges are collect. The carrier provides this procedure as a service of convenience to the trade and shall be held harmless in any dispute that might arise between shipper and consignee regarding the apportionment of freight and charges in accordance with shippers' instructions.
EXCEPTION:
On refrigerated cargo, Carrier may when required by operating exigencies, absorb the difference between straight time cost and overtime cost for loading trucks and railway cars at vessel's discharge pier during overtime hours. Furthermore, Carrier shall absorb overtime differential covering inspection, stamping and delivery from ship's pier to warehouse and receiving at warehouse.
7. When cargo is moved on the basis of per container rates, shipper must declare the weight and cube of such shipments on the shipping documents.
8. In cases where the ocean freight is assessed on a per container basis, if there are any applicable accessorial charges (including, but not limited to, Origin and/or Destination CY/CFS Charges) which are also on a per container basis, then the per container accessorial charges must always be applied instead of the per revenue ton charges.
2.11 Per Container Rate – Delivery of CY Cargo at CFS
If Carrier is notified after vessel sailing and prior to expiry of Free Time as per Destination Free Time and Demurrage rules by Consignee that delivery is being requested at CFS instead of CY, Carrier is permitted to amend the mode of delivery accordingly, provided the Carrier has a CFS in operation at the specific destination.
Consignee will be assessed an additional charge of US$100 to cover any expenses of this change in mode and when delivery is made to Carrier's Destination CFS, the Destination Service Charge per Destination Service Charge rule will be assessed. Delivery must be made at only one Destination CFS. If the request for change in the mode delivery is received by the Carrier after the expiry of Free Time, then the entire shipment will have to be re-rated on a revenue ton basis.
The additional charge of US$100 per container is not applicable when a written request for delivery of CY cargo at CFS is received by the carrier at least 24 hours prior to the arrival of the cargo at destination port or point.
2.12 Bills of Lading - Documentation
1. Except as otherwise specified the issuance of Bills of Lading and/or any guarantees calling for delivery of cargo at special location within the port or point of destination is prohibited. Oil in bulk and other bulk commodities requiring discharge at a special installation to be expected.
2. The on board date notation in the Bill of Lading must not be earlier than the date the vessel commenced the actual loading operation.
The term "loading operation" refers to per berthing; i.e. if there is a second berthing for the same vessel on the same voyage, then the on board BL date will be based on the date when the loading operation commences on the second berthing.
In the event that a second berthing is made necessary by reasons of force majeure, the on board BL for cargo loaded on the second berthing can still be issued based on the date of the first berthing.
If the second berthing is made as a result of carrier's choice and not for reasons of force majeure, cargo loaded at the second berthing must have on board BL's based on the date of loading operations for that second berthing.
3. In order to avoid unnecessary trouble and delay at destination in obtaining delivery of cargo, shippers are requested to make a point of taking out and sending the consignee one additional signed Bill of Lading "For Customs purpose only".
4. Bills of Lading shall not contain a clause calling for delivery by head mark, port mark and numbers. Delivery of cargo at destination shall be according to the Bill of Lading quantity only.
5. Bills of Lading shall not contain a clause stating that a particular container is stowed under deck.
6. Except as noted below, all references in this tariff to "Bills of Lading" shall also apply equally to carriers' Sea Waybills. For the purposes of this tariff, a consignee with a specific name and address (and not considered as "to order"), which is non negotiable and which cannot transfer title of ownership. Cargo shipped under a Sea Waybill can only be delivered to the consignee named in the document, and in view of the fact that the Sea Waybill is non negotiable it is not necessary to issue more than one document. Sea Waybills cannot be stamped "original". The Documentation Fee is also applicable to Sea Waybills and must be collected, in every instance when a Sea Waybill is prepared by the carrier.
Exception: in the following rules, the references to "Bills of Lading" do not extend to Sea Waybills:
- Rule 6 : Payment of freight (Please refer to specific language in Rule 6 governing Sea Waybills)
- Rule 4.4.4: Optional Bills of Lading
- Rule 11: Diversion of Cargo (Please refer to specific language under this rule which refers to "non-negotiable "Bills of Lading")
7. Carriers are prohibited from including clausing in the Bill of Lading guaranteeing that pallet/packing materials are free from bark and from living plant pests.
8. For Philippines only
In order to ensure that cargo being shipped is actually the commodity described in the Bill of Lading and entitled to the rate therefor, Bills of Lading shall not be issued until this shipper has furnished the carrier a signed copy of the Central Bank Export Declaration covering the goods to be shipped. The description in the Bill of Lading and Central Bank Export Declaration must coincide.
The following regulations shall apply on all Tariff Items originating in any Philippine Port for on carriage to a port or ports beyond the Philippines moving on a thru bill of lading.
A. Cargo thus transshipped shall be assessed the arbitrary indicated in this tariff.
B. The Ocean Carrier shall absorb only the actual transshipment cost, which are defined as initial transshipment cost, which are defined as initial carrier's freight charges, brokerage fee, which shall not exceed the amount published in the Bureau of Customs Memorandum Order, documentation, lightering, trucking, escort fee, and customs and cargo handling charge to/at of transhipment.
C. For the purposes of this rule, Legaspi/Tabaco shall be considered as including all points within the province of Albay.
D. For purposes of this rule, all CY "Shipper's Load and Count" cargo stuffed by shipper in carrier's container within the Mariveles Customs Zone area (BEPZ) shall be considered as a CY shipment originating at the Port of Mariveles.
Intermodal Bills of Lading for ex Philippines
"On-Board" shall mean on board a Rail Car, Truck or Barge operated by the originating Carrier and enroute by Rail, Motor or Barge to the port of loading for theOcean Carrier's Vessel.
In the case of an "On-Board" endorsement, the naming of an Ocean Vessel in this Bill of Lading is for convenience and is not a representation that the goods will be loaded to such vessel. A "Shipped On-Board Vessel" Bill of Lading may be issued, upon Shipper's request, after the cargo is actually laden on board the Ocean Vessel.
2.13 Taxes or Fees Imposed by Governments
When Carrier is imposed with a charge, fee, tax or other assessments on cargo or cargo interest by a local, city, or national government per the applicable law, or a port authority per the applicable tariff, carrier will be reimbursed such amount from the party responsible for payment.
Any additional services, such as fumigation, unpacking and repacking goods for customs or any other Governmental agency inspection, any lifting operation or other miscellaneous services performed by the carrier at any time during transit due to some default or oversight by the shipper/ consignee or holder of the Bill of Lading will be for account of the cargo without in any way affecting the liability of the carrier for the condition or quantity of the cargo.
2.14 Door Drop Off
When rates in this tariff designated To Door, the following conditions will apply unless otherwise provided.
1. Motor Carrier does not provide assistance in unloading cargo.
2. When, at motor carrier's option, driver remains with container 2 (two) hours free time will be provided.
3. If services other than those specified above are provided, motor Carrier will charge the shipper for services rendered in accordance with originating carrier's applicable tariff.
2.15 Cargo NOS
Articles which are not provided for in this Tariff will be freighted at the rates named in the commodity classification of "Cargo. N.O.S."
2.16 Commodity Description and Trade Names
Description of commodities on all copies of Bills of Lading shall determine rates to be applied. Such description is subject to correction, however, in the event of misdeclaration of commodity. Supplementary guarantees of any kind shall not be sufficient to warrant application of rate other than that required bydescription of Bill of Lading.
Bills of Lading describing a commodity by trade name only are not acceptable. Shippers are required to describe their merchandise by its specific name, but may in addition include trade name.
2.17 Packing
Unless nature of package is specifically provided for in individual items, rates named may be applied without regard to type of packing, but claims for damage to or less of contents resulting from lack or insufficiency of packing will not be paid in any event.
2.18 Packaging Materials
Shipper may include in shipment spare packaging materials to be used for recoopering damaged packages at destination. Provided the amount of packaging materials does not exceed five percent (5%) of the total volume measurement of the goods and packing, rate for the goods will apply. For portion in excess, it will be charged at the applicable tariff rate.
2.19 Weight and Measure Rates
Where ocean freight is rated W and M under the same commodity description, the operator is expected to calculate the rate for each rate basis (W and M) by multiplying the freight tons (weight and volume) by the respective W or M rate and choose the higher of the two rates. The chosen rate is then to be compared against any applicable ocean freight rated per container (PC) and the lower of those two rates is to be chosen and used for determination of the basic ocean freight.
2.20 Measurements and Weights
All packages will be measured in CENTIMETRES and weighed in KILOGRAMMES.
Rounding-off Dimensions: Where parts of a centimetre 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 centimetre above.
Calculating Cubic Measurements: The three dimensions in centimetres are to be multiplied toghether to produce the cube of one package or piece in cubic metres to six decimals.
In the 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.
2.21 Mixed Shipments Moving on Per Container Rates
The provisions of this rule apply only when there is no specific tariff item covering the commodities which are combined in a mixed shipment. Prorating is permitted provided that Carrier received written declaration of weight, measurement and description from shippers, for the purposes of determining the appropriate pro rating of a mixed shipment containing more than one commodity. However, Carrier may at its option also arrange to have such shipments remeasured at destination. Any such remeasurement will be for the expense of the Carrier, but in the event that a discrepancy is found between the shippers declaration and the results of a remeasurement, the Carrier shall re rate the cargo based on the remeasurement, and shall also take such action as provided for under ‘Misdeclration of Cargo’ Rule 24 of this tariff.
2.22 Stowing More Than One Shipment in One Container
Carriers reserve the right to stow two or more shipments or
parts thereof in one carrier's container, except containers
freighted under ‘Exclusive Use of Container’ Rule 18 and Regulation.
2.23 Package Containing Different Articles
Unless otherwise provided in Rates tariffs, packages containing different articles will be charged at the rate applicable to the highest rated articles in the package, except for Advertising Matter when shipped in the same packages with the commodity it is advertising.
Advertising Matter may be shipped together with the goods being advertised, at the applicable rate for such goods, whether in the same packaging or container with the goods or in separate container when accompanying the goods, provided that the amount of the Advertising Matter does not exceed five percent (5%) of the gross weight of the goods and packing.
The weight/measurement of the Advertising Material must be shown separately on the Bill of Lading.
Unless otherwise provided in Rates Tariffs, articles which have been combined or attached to each other will be charged at the rate applicable to the highest rated article of the combination.
Unless otherwise provided in the individual Tariff item or unless there is a separate item for component parts, the rates provided in the tariff also apply on the named component parts of the articles described in the Tariff item, when so declared on the ocean Bill of Lading.
2.24 Prohibited or Restricted Articles
Except as otherwise provided herein, the following articles will not be handled.
1. Explosives, inflammable, dangerous, or other objectionable, hazardous, and dangerous articles.
2. Cargo loose on platforms or pallets except when prior arrangements have been concluded with carrier.
3. Cargo which because of its inherent vice is likely to impregnate or otherwise damage vessels, containers, rail trailers, motor equipment, other inland transportation equipment, or other cargo.
4. Prior booking arrangements are required on single pieces or packages, which because of their height, length, width, or weight, exceed the dimensions or weight limitations (either road or carrying capacity) of the carrier's container.
5. Cargo which requires protection from heat or cold except cargo moving under refrigeration rates or in ventilated or insulated containers.
6. Bank bills, coin or currency, deeds, drafts, notes or valuable paper of any kind; jewelry including costume or 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 or any other ad valorem cargo, except when prior arrangements have been concluded with the carrier.
7. Animals, Birds and Fish, Alive.
2.25 Withdrawal of Export Shipment
In the event that shipper delivers an empty or a loaded container to the carrier, but subsequently cancels the shipment prior to vessel's departure, Shipper shall be subject to equipment detention free time and charges as listed in the tariff, plus any applicable drayage if Carrier haulage is provided.
2.26 Cargo Discharged at Other Than B/L Ports
The following clause must be put on all Bills of Lading covering shipments freighted under this rule:
“Change of Cargo Discharge Port Performed”
[ Indicate the original cargo discharge port and the actual cargo discharge port as a result of this rule ]
When the ocean carrier discharges 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:-
(A) 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.
(B) The ocean carrier may forward cargo direct to a point designated by the consignee, provided the consignee pays the costs which he would normally have incurred either by rail, truck or water, to such point if the cargo had 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 but in no case less than US$0.30 per 100 lbs. (US$6.62 per 1,000 kgs.)
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 freight rates applicable to the port of destination named in the Bill of Lading shall be assessed.
2.27 Cargo Shipped in Shipper Furnished Containers
In lieu of Carrier furnished containers, shippers may offer cargo for ocean transportation in shipper furnished containers subject to the following provisions:
1. The container must be of body and frame construction acceptable to the Carrier and must be manufactured and equipped in accordance with all applicable local National and International Laws, Regulations and Safety requirements.
2. 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.
3. Each such container and its cargo will be subject to all rates, rules and regulations of this tariff.
4. Shipper furnished containers will be accepted only at loading ports CY and delivered only at destination CY, except where the containers are moving to an IPI point listed under Rule No. 19 where store/door delivery is required. (The exception is not applicable to IET.)
5. Shipper will be required by the Carrier to submit documentary evidence of ownership or leaseholdership of the container offered for shipment.
6. The Carrier may return empty containers from vessel's loading terminal to the Carrier's vessel discharging terminal at the applicable tariff rate.
7. Carrier transporting cargo packed in a shipper furnished container are prohibited from paying any rental, lease or other compensation for such containers.
8. For returned Drums and Tanks, shipper must tender to carrier a certificate, duly signed by an authorized person on behalf of shipper, certifying that drums/tank containers have been washed, evacuated and are free of harmful residue.
2.28 Delivery of Container Tail Loaded
When a shipment destined for delivery at a destination container yard moves in a container which contains shipment(s) destined for delivery at a destination container freight station, the carrier may deliver the container to the consignee or his agent at the destination container freight station without assessment of the Destination Container Service Charge but applying Destination CY Delivery Charge per Rule 19.
2.29 Routing of Cargo
Where Merchant requests that cargo be loaded or discharged at a port other than the port selected by the Carrier, via an intermodal routing other than the routing selected by the Carrier, or via an inland carrier other than the carrier selected by the Carrier, and the Carrier consents to said request, all additional costs shall be for the account of the cargo.
2.30 Temperature-Controlled Cargo in Containers
When under the tariff provisions where shippers load insulated refrigerated or controlled temperature cargo in the carrier's container(s), it shall be the responsibility of the shipper to properly stow the cargo in the container to ensure proper air circulation and to enable the temperature control unit to maintain a uniform temperature throughtout. When containers are not loaded properly, loss and damage resulting therefrom shall be for the account of the owner of the goods.
2.31 Non-Compliance with Government Regulations
The Shipper shall be liable for and shall hold the Carrier harmless from any loss, damage, delay, expense or liability incurred by or levied upon the Carrier or the goods by reason of non-compliance with Customs or other
regulations resulting from late presentation and/or inadequacies in the shipper's export declaration, including fines or penalties incurred by Carrier for which Shipper shall in all cases reimburse Carrier.
If and when Bills of Lading and/or shipping instructions are received by Carriers after vessel's departure from the port of loading as indicated in the Bills of Lading and/or shipping instructions, the merchant shall be liable for and shall hold the Carrier harmless from any loss, damage,
delay, expenses or liability incurred by or levied upon the Carrier or the goods by reason of non-compliance with customs or other regulations resulting from such late presentation.
2.32 Labor Disturbance
In the event of a labor disturbance which impedes or effectively halts operations of the Intermodal service (e.g. rails, feeders, barges), Carriers may provide a substituted service by motor or other mode.
Any costs for performing substituted service in excess of the normal carrier cost via standard routing will be assessed against the cargo.
Carriers will invoice the payor of the ocean freight for the difference in actual cost and the amounts shown above within ninety (90) days after the day of shipment. Such additional charges, when presented, shall be considered as part of the freight charges and subject to all provisions of ‘Payment of Freight’ of this tariff (Rule 6).
2.33 Unauthorized Use of Servi