Tariff Rules Section
Rule 1 SCOPE
effective date = 26Feb2008
Rules and conditions named herein apply to the
transportation of cargo between ports and points
listed in Paragraph A and ports and points listed
in Paragraph B.
A) Between ALL PORTS /POINTS OF CALL in the following
GROUP: DOMESTIC COUNTRIES includes:
American Samoa Puerto Rico
Guam United States
Johnston Atoll US Virgin Islands
Midway Islands Wake Island
Northern Mariana Islands
GROUP: US BASE PORTS includes: (See Note)
ATLANTIC BASE PORTS includes:
Baltimore, MD Norfolk, VA
Boston, MA Philadelphia, PA
Charleston, SC Savannah, GA
Miami, FL Wilmington, NC
New York, NY
GULF BASE PORTS includes:
Houston, TX New Orleans, LA
Mobile, AL Tampa, FL
PACIFIC BASE PORTS includes:
Long Beach, CA San Francisco, CA
Los Angeles, CA Seattle, WA
Oakland, CA Tacoma, WA
Portland, OR
GREAT LAKES BASE PORTS includes:
Chicago, IL
DOMESTIC BASE PORTS includes:
Pago Pago, AQ Rota, CQ
Guam, GQ San Juan, RQ
Johnston Atoll, JQ Saint Croix, VQ
Midway Island, MQ Wake Island, WQ
B) AND ALL PORTS/POINTS OF CALL in the following Countries
To/From Which Rates Apply:
GROUP: FOREIGN COUNTRIES includes as specified
herein:
EUROPE COUNTRIES includes:
Austria Hungary
Belgium Liechtenstein
Czechoslovakia Luxembourg
France Netherlands
Germany Switzerland
EUROPE BASE PORTS includes: (See Note)
Antwerp, BE Hamburg, GM
Bremen, GM Le Havre, FR
Bremerhaven, GM Rotterdam, NL
UK COUNTRIES includes:
Guernsey Man, Isle of
Ireland St. Helena
Jersey United Kingdom
UK BASE PORTS includes: (See Note)
Felixstowe, UK London, UK
Liverpool, UK Manchester, UK
SCANDINAVIA COUNTRIES includes:
Denmark Jan Mayen
Faroe Islands Norway
Finland Svalbard
Greenland Sweden
Iceland
SCANDINAVIA BASE PORTS incl: (See Note)
Aarhus, DA Reykjavik, IC
Copenhagen, DA Stockholm, SW
Gothenburg, SW Thule, GL
Helsinki, FI Trondheim, NO
Malmo, SW Vaag, FO
Oslo, NO
BALTIC COUNTRIES includes:
Poland Union of Soviet
Socialist Republic
BALTIC BASE PORTS includes: (See Note)
Gdansk, PL Leningrad, UR
MED COUNTRIES includes:
Albania Libya
Algeria Malta
Andorra Monaco
Cyprus Morocco
France Portugal
Gaza Strip San Marino
Gibraltar Spain
Greece Syria
Israel Tunisia
Italy Vatican City
Lebanon Yugoslavia
MED BASE PORTS includes: (See Note)
Bar, YO Leghorn, IT
Beirut, LE Monaco, MN
Bilbao, SP Oran, AG
Durazzo, AL Piraeus, GR
Fos Sur Mer, FR Tangier, MO
Gibraltar, GI Tripoli, LV
Haifa, IS Tunis, TS
Latakia, SY Valletta, MT
BLACK SEA COUNTRIES includes:
Bulgaria Turkey
Romania Union of Soviet
Socialist Republic
BLACK SEA BASE PORTS includes: (See Note)
Braila, RO Lom, BU
Istanbul, TU Odessa, UR
TURKISH PORTS
Istanbul, TU Mersin, TU Mersin, TU
Izmir, gemlik
MID-EAST COUNTRIES includes:
Bahrain Oman
Egypt Qatar
Iran
Iraq Saudi Arabia
Iraq-Saudi Arabia
Neutral Zone United Arab Emirates
Jordan West Bank
Kuwait Yemen
MID EAST BASE PORTS includes: (See Note)
Abu Dhabi, TC Damman, SA
Alexandria, EG Doha, QA
Aqaba, JO Hodeidah, YM
Baghdad, IZ Kuwait, KU
Bahrain, BA Muscat, MU
Bandar Abbas, SA
INDIA SUB-CONTINENT COUNTRIES includes:
Afghanistan Maldives
Bangladesh Nepal
Bhutan Pakistan
Burma Sri Lanka
India
INDIA SUB-CONT BASE PORTS incl: (See Note)
Bombay, IN Karachi, PK
Chittagong, BG Rangoon, BM
Colombo, CE
SE ASIA COUNTRIES includes:
Cambodia Thailand
Laos Vietnam
Malaysia
SE ASIA BASE PORTS includes: (See Note)
Bangkok, TH Hanoi, VM
Cheko, CB Kelang, MY
FAR EAST COUNTRIES includes:
Hong Kong Korea, Republic of
Indonesia Philippines
Japan Singapore
Korea, Democratic Taiwan
People’s Rep
FAR EAST BASE PORTS includes: (See Note)
Busan, KS Kobe, JA
Djakarta, ID Manila, RP
Gensan, KN Osaka, JA
Hong Kong, HK Singapore, SN
Kaohsiung, TW Tokyo, JA
Keelung, TW Yokohama, JA
TAIWAN BASE PORTS includes:
Kaohsiung, TW Keelung, TW
JAPAN BASE PORTS includes:
Kobe, JA Tokyo, JA
Osaka, JA Yokohama, JA
ASIA COUNTRIES NOS includes:
China Mongolia
Macau Paracel Islands
ASIA BASE PORTS NOS includes: (See Note)
Macao, CH Macau, MC
SOUTH PACIFIC COUNTRIES includes:
Ashemore and Cartier New Caledonia
Islands New Zealand
Australia Niue
Baker Island Norfolk Island
Brunei Palmyra Atoll
Christmas Island Papua New Guinea
Cocos (Keelung) Islands Pitcairn Islands
Cook Islands Solomon Islands
Coral Sea Islands Spratly Islands
Federated States of Tokelau
Micronesia Tonga
Fiji Tromelin Island
French Polynesia
Heard Island and McDonald
Island Tuvalu
Howland Island Vanuatu
Jarvis Island Wallis and Futuna
Kingman Reef Western Samoa
Kiribati
Marshall Islands
Nauru
SOUTH PACIFIC BASE PORTS incl: (See Note)
Adelaide, AS Noumea, NC
Auckland, NZ Papeete, FP
Auki, BP Port Moresby, PP
Brisbane, AS Port Vila, NH
Brunei Town, BX Rarotonga, CW
Ebeye, RM Suva, FJ
Haapia, TN Sydney, AS
Lyttelton, NZ Tarawa, KR
Melbourne, AS Tuvalu, TV
Nauru Island, NR Wellington, NZ
Niue Island, NE
AUSTRALIA BASE PORTS includes:
Adelaide, AS Melbourne, AS
Brisbane, AS Sydney, AS
NEW ZEALAND BASE PORTS includes:
Auckland, NZ Wellington, NZ
Lyttelton, NZ
AFRICA COUNTRIES includes:
Angola Madagascar
Bassas Da India Malawi
Benin Mali
Botswana Mauritania
Burkina Mauritius
Burundi Mayotte
Cameroon Morocco
Cape Verde Mozambique
Central African Republic Namibia
Chad Niger
Comoros Nigeria
Congo Reunion
Djibouti Rwanda
Equatorial Guinea Sao Tome and Principe
Ethiopia Senegal
Europa Island Seychelles
Gabon Sierra Leone
Gambia, The Somalia
Ghana South Africa
Glorioso Islands Sudan
Guinea Swaziland
Guinea-Bissau Tanzania, United Rep. of
Ivory Coast Togo
Juan De Nova Island Uganda
Kenya Western Sahara
Lesotho Zaire
Liberia Zambia
Zimbabwe
AFRICA BASE PORTS includes: (See Note)
Abidjan, IV Luba, EK
Assab, ET Mahe, SE
Banjul, GA Maputo, MZ
Berbera, SO Matadi, CG
Bissau, PU Mombasa, KE
Casablanca, MO Monrovia, LI
Conakry, GV Moroni, CN
Cotonou, BN Nouakchott, MR
Dakar, SG Pointe Des Galets, RE
Dar Es Salaam, TZ Pointe Noire, CF
Djibouti, DJ Port Gentil, GB
Douala, CM Port Louis, MP
Durban, SF Port Sudan, SU
Freetown, SL Praia, CV
Jinja, UG Principe, TP
Lagos, NI Tamatave, MA
Lome, TO Tema, GH
Luanda, AO Walvis Bay, WA
SOUTH AMERICA COUNTRIES includes:
Argentina French Guiana
Bolivia Guyana
Brazil Paraguay
Chile Peru
Colombia Suriname
Ecuador Uraguay
Falkland Islands Venezuela
SOUTH AMERICA BASE PORTS incl: (See Note)
Albina, NS Lima, PE
Antofagasta, CI Montevideo, UY
Buenos Aires, AR Puerto Cabello, VE
Cayenne, FG Santos, BR
Georgetown, GY Tolu, CO
Guaqui, BL Villeta, PA
Guayaquil, EC
CENTRAL AMERICA COUNTRIES includes:
Costa Rica Honduras
El Salvador Mexico
Belize Nicaragua
Guatemala Panama
CENTRAL AMERICA BASE PORTS incl: (See Note)
Colon, PM Puerto Limon, CS
Belize City, BH San Salvador, ES
Managua, NU Santo Tomas, GT
Puerto Cortes, HO Veracruz, MX
CARIBBEAN COUNTRIES includes:
Anguilla Guadeloupe
Antigua and Barbuda Haiti
Aruba Jamaica
Bahamas, The Martinique
Barbados Montserrat
Bermuda Navassa Island
British Virgin Islands Netherlands Antilles
Cayman Islands St Kitts and Nevis
Cuba St Lucia
Dominica St Vincent and the
Dominican Republic Grenadines
Grenada Trinidad and Tobago
Turks and Caicos Islands
CARIBBEAN BASE PORTS includes: (See Note)
Antigua, AC Pointe a Pitre, GP
Basseterre, SC Port au Prince, HA
Bridgetown, BB Port Castries, ST
Port of Spain, TD
Fort De France, MB Roseau, DO
Freeport, BF Saint Georges, GJ
Georgetown, CJ Salt Cay, TK
Hamilton, BD Santa Clara, CU
Kingston, JM Santo Domingo, DR
Kingstown, VC The Road, AV
Tortola, VI
Plymouth, MH
FOREIGN COUNTRIES NOS includes:
Antarctica French Southern and
Bouvet Island Antarctic
Canada South Georgia and the
Clipperton Island South SA
St Pierre and Miquelon
FOREIGN BASE PORTS NOS incl: (See Note)
Montreal, CA St Pierre, SB
NOTE: Base Port Groups also apply as interchange ports.
Rule 1-1 SCOPE – THROUGH RATES/INTERMODAL TRANSPORTATION
effective date = 26Feb2008
A) Carrier will provide through intermodal service via all
combinations of air, barge, motor and rail service.
B) Intermodal Rates will be shown as single-factor through
rates as specified in individual TLIs or combination
through rates constructed by the addition of applicable
inland factors.
C) Carrier’s liability will be determined in accordance
with the provisions indicated in their Bill of Lading.
D) This tariff contains local, through and proportional
rates as defined in 46 CFR Part 514.2.
SUBSTITUTED SERVICE
——————-
This provision shall govern the transfer of cargo by
trucking or other means of transportation at the expense
of the Ocean Carrier. In no event shall any such
transfer arrangements be such as to result directly or
indirectly in any lessening or increasing of the cost
or expense which the shippers would have borne had the
shipment cleared through the port originally intended.
Rule 2 APPLICATION OF RATES AND CHARGES
effective date = 26Feb2008
A. Rates as published herein are stated in terms of
United States Currency and apply per weight ton of
1000 Kilos (W) or measurement ton of 1 Cubic Meter
(M), whichever produces the greater revenue, in
accordance with the specifications of the applicable
rate.
B. 1. Rates as published herein apply between port/
point of loading and port/point of discharge,
and unless otherwise specifically provided within
individual commodity descriptions do not include
terminal, handling, wharfage, marine insurance or
any other accessorial charges which are established
by Custom of the Port, by Port Tariffs, or by U.S.
Customs. Any accessorial charges which are assessed
against the cargo will be for the account of the
cargo.
2. Rates applying FROM/TO GROUPS named in Rule 1 shall
apply from all places named in the GROUPS. GROUP
NAMES preceded by an “O-” will apply as ORIGIN
GROUPS. GROUP NAMES preceded by a “D-” will apply
as DESTINATION GROUPS.
EXAMPLE: O-US BASE PORTS will apply “from” those
ports named in Rule 1(A) whereas
D-US BASE PORTS will apply “to” those ports
named in Rule 1(A).
C. Packages containing articles of more than one
description shall be charged on the basis of
the rate provided for the highest rated article
contained therein.
D. Rates applying to/from WORLD POINTS and/or U.S.
POINTS as stated in Rule 1 will apply via
motor/rail/water services or any combination
thereof, via routes stated in individual rate
items.
E. Rates applying from/to U.S. PORTS shall apply via
All-Water Service (AW) unless routing is specifically
designated in individual TLIs indicating mode of
inland transportation.
F. DESCRIPTION OF SERVICE
———————-
Except as otherwise provided all rates and charges
in this tariff are applicable to the transportation
of general commodities in containers and apply via the
services noted below.
DOOR (D)
AT ORIGIN – applies when the cargo is loaded on
shipper’s premises at shipper’s expenses. Rate
includes inland transportation from shipper’s
premises to carrier’s designated facility.
AT DESTINATION -applies when the cargo is unloaded
on consignee’s premises at consignee’s expenses.
Rate includes inland transportation from
carrier’s facility to the consignee’s premises.
HOUSE (H), OCEAN PORT (O) OR CONTAINER YARD (Y)
AT ORIGIN – applies when the empty container is
made available to the shipper at carrier’s de-
signated facility. Rate does NOT include pick-
up, loading or return of loaded container to
carrier’s designated facility.
AT DESTINATION – applies when the loaded container
is made available to the consignee at carrier’s
designated facility. Rate does NOT include,
delivery, unloading or return of empty container
to carrier’s designated facility.
MOTOR (M) OR RAIL (R)
AT ORIGIN – applies when the empty container is
made available to the shipper at carrier’s
container depot. Rate does NOT include pick-up,
loading or return of loaded container to
carrier’s designated MOTOR (M) or RAIL (R)
terminal. Rate includes all inland transpor-
tation from MOTOR (M) or RAIL (R) terminal to
carrier’s facility.
AT DESTINATION – applies when the loaded container
is made available to the consignee at carrier’s
MOTOR (M) or RAIL (R) terminal. Rates does NOT
include delivery, unloading or return of empty
container to carrier’s designated container
depot. Rate includes all inland transportation
from carrier’s facility to MOTOR (M) or RAIL
(R) terminal.
PIER (P) OR CONTAINER FREIGHT STATION (S)
AT ORIGIN – applies when the shipper delivers
cargo to carrier’s designated facility at
shipper’s expense.
For full containerloads rate includes loading
the container by the carrier.
AT DESTINATION – applies when the consignee picks
up cargo at carrier’s designated facility at
consignee’s expense.
For full containerloads rate includes
unloading the container by the carrier.
G. PROHIBITED OR RESTRICTED ARTICLES
———————————
Except as otherwise provided, the following articles will
not be handled unless prior arrangements have been
made with carrier:
1) Cargo, loose on platforms or pallets, except when
prior arrangements have been concluded with carrier.
2) Cargo which because of its inherent vice is likely
to impregnate or otherwise damage carrier’s
containers or other cargo.
3) Cargo which requires protection from heat or cold.
4) Bank bills, coin or currency, deeds, drafts, notes or
valuable paper of any kind; jewelry including costume
or novelty jewelry, except where otherwise specifical-
ly provided; postage stamps or letters and packets of
letters with or without postage stamps affixed; pre-
cious metals or articles manufactured therefrom; pre-
cious stones; revenue stamps; works of art; antiques,
or other related or unrelated old, rare or precious
articles of extraordinary value except when prior
arrangements have been concluded with carrier.
5) Animals, Birds and Fish, alive.
H. MARKING OF FREIGHT
—————–
Each single carton, package or other separate article
MUST be plainly and durably marked with the name and
address of the shipper and the name and address of the
consignee.
I. INSURANCE
———
Rates named herein do not include Marine Insurance, and
no premiums for account of shipper may be absorbed by
the carrier.
J. LIMITATION OF SERVICE
———————
1. The carrier is not obligated under this tariff to
transport property for which suitable equipment is not
available, nor is tranportation to be performed under
impractical or unsafe circumstances in the judgement
of the carrier.
2) Nothing in this tariff shall be construed as to create
any obligation for the carrier to institute or main-
tain any service from or to any places named herein,
and all rates, rules and regulations will apply when
services so mentioned are operating.
K. PARTS
—–
Wherever rates are provided on articles named herein, the
same rates will apply on parts of such articles, except
where specific rates are provided for such parts.
L. TYPES OF SERVICE REQUESTED BY SHIPPER
————————————-
1) Carrier Designated Rates-
The rates listed in this tariff may provide varying
rate levels as designated by the respective ocean
carriers and be differentiated by ocean carrier
service name or other such identifiable abbreviation
thereof. In the event that a shipper selected ocean
carrier cannot provide the required equipment to
facilitate the movement of said freight, the shipper
will then be responsible for the selection of any
other listed ocean carrier service to effect shipment
to ports and points as specified. All costs associated
with change of selection of ocean carrier shall be
for shipper’s account.
2) Service Levels-
As an alternative to carrier designated rates as
explained above, this tariff, where specified, will
offer the following services. Customer must notify
Carrier prior to shipment as to the type of service
preferred and the type of service requested must
clearly be marked on the Bill of Lading at time of
shipment. The service code type as designated below
will be shown as a note in individual TLIs. If no
service code is shown, the service type shall be
“R” for Regular type service.
CODE TYPE OF SERVICE DEFINITION OF SERVICE
E ECONOMY Demands lowest rate
regardless of transit time
or service availability.
No guarantee of space or
frequency of sailing will
be provided.
R REGULAR Customer accepts transit
time frequency of sailing
as provided by carrier on
a regular basis.
P PREMIUM Customer designates a
specific vessel or
steamship line for their
exclusive utilization.
S SUPERIOR Same as Premium Service
but in addition, customer
is guaranteed space
availability and transit
time.
M. CONTAINER PRO-RATE PROVISION
—————————-
When full containerload shipments are from one shipper
to multiple consignees or from multiple shippers to one
consignee, and are loaded off of carrier’s premises, the
full containerload rates published herein will apply and
will be pro-rated according to the individual shipper(s)/
consignee(s) utilization of the container involved.
Shipments moving under this provision will not be subject
to Rule 6.
N. PACKAGING REQUIREMENTS
———————-
All cargo shall be properly packed in such manner as to
protect it against damage from stowage in holds or
handling in quantities along with other cargo in any
customary manner required for usual sea dispatch.
O. FORCE MAJEURE
————-
Force Majeure Clause: “Without prejudice to any rights
or privileges of the carrier under covering Bills of
Lading or under applicable provisions of law, in the
event of war, hostilities, warlike operations, embargoes,
blockades, port congestion, strikes or labor
disturbances, regulations of any governmental authority
pertaining thereto, or any other official interferences
with commercial intercourse arising from the above
conditions and affecting the carriers’ operations, the
carrier reserves the right to cancel any outstanding
booking or contract of carriage, or to increase the
rates if in conformity with the provisions of the
Shipping Act, 1984.”
P. METRIC CONVERSION
—————–
In areas where the metric system prevails the following
conversion factors will apply:
2.2046 lbs. = 1 kilos
2204.6 lbs. = 1000 kilos
35.31 cu. ft. = 1 cubic meter
.3937 inch = 1 centimeter
Q. SHIPPER LOAD AND COUNT
———————-
Where containers are loaded by shipper or his agent and
sealed, carrier will accept such shipments subject to
“Shipper’s Load and Count” and Bill of Lading shall be so
claused and carrier will not be responsible either
directly or indirectly for damage resulting from
improper loading or mixing of articles in the container
or any discrepancy in count or concealed damage to
articles. The shipper shall furnish carrier with a
list of contents showing description of goods and the
gross weight and cubic measurements of the contents of
the container. Carrier reserves the right to open and
inspect the contents of a container and so indicates on
the Bill of Lading, resealing the container. When
containers loaded with goods moving subject to shipper’s
load and count are delivered to consignee or his agent,
consignee or his agent must furnish carrier with a
claim-free receipt prior to release of container or
contents for delivery.
R. RATES NOT SHOWN
—————
Where specific commodity rates are not provided, apply
“Cargo, N.O.S.”
S. TLI LEVEL CHARGES
—————–
All services provided to the shipper, including the
applicable rate bases and the extent of any limitations
or restrictions will be indicated in specific TLIs under
the attached TLI notes and/or assessorial charges field
as appropriate. Issued in accordance with 46 CFR Parts
514.13(b)(28), 514.13(b)(29) and 514.15(b)(2).
T. When a commodity can properly be carried under more than
one tariff item, but which by its nature is clearly
influenced by its end use, the freight shall be
assessed based on the rate of the end use commodity
eg:
Rubber Gloves, Cotton Gloves, etc. would all be rated
under “Gloves, NOS” rather than Rubber Goods, Textiles,
etc.
The above does not apply in cases where there is a
specific tariff rate for the commodity in question eg:
If the tariff contains a rate for Rubber Gloves, than
this rate will apply – and NOT the Gloves, NOS rate.
U. When two or more rates may be applicable to a given
shipment and one rate is more specific than the others,
the specific rate shall apply.
One rate is more specific than another when it describes
the commodity being shipped more explicitly, ie: Canned
Pineapple is more specific than Canned Fruit or
Canned Goods, NOS
A rate to a specific destination is more specific than
a rate to a geographic range or zone, ie: A rate to
New York, NY is more specific than a rate to East Coast
Ports.
Rule 2-A TERMINAL SECURITY SURCHARGE
effective date = 26Feb2008
In compliance with the International Ship and Port
Facility Security Code (ISPS) a Port Terminal Security
Charge will be applicable on all cargo moving into the
U.S. from Turkey whether in direct service or
transhipment. The charge will be assessed on a per
container basis as follows:
$25.00/container
Note:this charge will be levied against the cargo
by the carrier on behalf of the marine terminal
operator and includes all administration costs
incurred by the carrier for specific arrangement
of same.
Such fee has to be paid together with the bill of
lading charges.
Rule 2-B TURKISH ADMINISTRATIVE SECURITY SURCHARGE
effective date = 26Feb2008
A Turkish Administrative Security Surcharge will be
applicable on all cargo moving into the U.S. from
Turkey whether in direct service or transhipment.
The charge will be assessed on a per container
basis as follows:
$15.00/container
Rule 2-C IZMIR CONGESTION SECURITY SURCHARGE
effective date = 26Feb2008
Effective November 5, 2004. The following surcharges
are applicable to rates from Izmir, Turkey to United
States ports coming with direct vessels, P&O line and
Hapag line:
20′DV: $90/container
40′DV: $180/container
40′HC: $180/container
Rule 2-D MIAMI DESTINATION EQUIPMENT SURCHARGE (MDES)
effective date = 26Feb2008
Unless otherwise indicated in individual rate items,all
import cargo from Turkey to or through Miami, Fl., will be
assessed a Miami Destination Equipment Surcharge as follows:
PC 20 US$ 200.00
PC 40 US$ 400.00
PC 40HC US$ 400.00
Rule 2-E PORT AND TERMINAL SECURITY CHARGE (PTSC)
effective date = 26Feb2008
The International Convention for Safety and Life at Sea
(SOLAS) has established the International Ship and Port
Facility Security Code (ISPS) regarding the improvement of
vessel and port security against international terrorism.
This charge is associated with the Port and Terminal
compliance with the ISPS Code. It is applicable to all
import cargo and it is to be paid by the party paying the
terminal handling charges.
In the event such terminal handling charges are included in
the freight or otherwise not itemized with the freight
amount, the Port and Terminal Security Charge is payable by
the party paying the freight.
Amount: As per the applicable port/terminal tariffs as
follows:
Shipments from Turkey to Miami, Fl via P&O Nedlloyd:
PC 20 US$ 10.00
PC 40 US$ 10.00
PC 4OHC US$ 10.00
Shipments from Turkey to Charleston, SC., via P&O Nedllyod:
PC 20 US$ 6.00
PC 40 US$ 6.00
PC 40HC US$ 6.00
Rule 2-F ISF FILING FEE
effective date = 12Feb2009
ISF FILING FEE: $45/HBL VALID FOR ALL OCEAN SHIPMENTS
Rule 2-G EU ENS FEE
effective date = 05Feb2011
EU ENS FEE: $35 per bill of lading.
Rule 2-01 APPLICATION OF RATES AND CHARGES: RATES ON MIXED SHIPMENTS
effective date = 26Feb2008
Chapter 99 only:
Rate Items in Chapter 99 shall be subject to a minimum
of three (3) commodities per container with no one
commodity exceeding 70% of the entire shipment unless
otherwise specified in the item. A packing list is
required prior to the vessel sailing.
Rule 2-02 AUTOMATED MANIFEST PREPARATION FEE
effective date = 26Feb2008
Except as otherwise provided in tariff rate items,
the following shall be assessed on shipments when
Mega Shipping and Forwarding, LTD. dba Meridian Line,
is required to prepare and file manifest data to US
Customs Automated Manifest System (AMS) on behalf of
Shipper.
Manifest Preparation Fee:
US$ 40.00 per B/L Maximum US$175.00 per shipment
Rule 2-03 RESERVED FOR FUTURE USE
effective date = 11Feb2011
This rule intentionally left blank.
Rule 3 RATE APPLICABILITY RULE
effective date = 26Feb2008
All tariff rates, rules and charges applicable to a
given shipment will 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.
Rule 4 HEAVY LIFT
effective date = 26Feb2008
NOT APPLICABLE
Rule 5 EXTRA LENGTH
effective date = 26Feb2008
NOT APPLICABLE
Rule 6 MINIMUM BILL OF LADING CHARGES
effective date = 26Feb2008
Except as otherwise specifically provided herein, the
minimum charge for a single shipment from one shipper
to one consignee shall be as follows:
To/From: Turkey - $180.00
All Other Ports - $250.00
Rule 7 PAYMENT OF FREIGHT CHARGES
effective date = 26Feb2008
A) Freight charges must be prepaid, unless prior
arrangements have been concluded in accordance
with the following provisions:
1) Prepaid Freight and Prepayment of Freight:
When freight or charges are prepaid, Bill of
Lading must not be issued except upon payment
of such freight of charges in U.S. Dollars
or in foreign currency based on the highest
(numerical) Telegraphic Transfer Selling Rate
of Exchange (TTS) for U.S. Dollars pursuant to
Rule 3.
2) Collect Freight:
Collect freight and charges must be paid to the
ocean carrier prior to release of cargo at
terminal ports of discharge.
3) Freight charges must be paid to the carrier
before release of the cargo, unless prior
arrangement to the contrary has been made
with the carrier.
4) Freight charges and all other charges must be
prepaid on shipments of:
a) Household Goods
b) Personal Effects
c) Privately Owned Motor Vehicles
d) Refused/Returned Shipments
5) In the event Consignee or his agent refuses
to pay freight and other charges, and mer-
chandise remains undeliverable thereby, Shipper
guarantees and remains liable for full payment
of freight and other charges, together with
any expense incurred while awaiting desposition
of the cargo.
B) Ocean freight and other Tariff charges are due
and completely earned upon receipt of cargo by
the Carrier, ship and/or cargo lost or not lost.
C) Currency Clause:
Rates and Charges are quoted in United States
of America currency and have been determined with
due consideration to the relationship of U.S.
currency to other currencies involved. In the
event of any material change of this relationship,
the Carrier reserves the right upon publication
if in conformity with the provisions of the United
States Shipping Act of 1984, as amended, to adjust
the rates and charges as required to remove the
adverse effects.
D) Freight and charges on collect shipments shall
be paid for prior to the delivery of the cargo.
E) Prepayment of freight monies and charges at
destination, must be made in full for the
complete original Bill of Lading quantity prior
to the release of any original ocean Bill of
Lading by the Carrier to the Shipper or his
duly authorized licensed Freight Forwarder
or his Agent.
Rule 8 BILL(S) OF LADING
effective date = 26Feb2008
1. (a) Except as otherwise provided herein, this Bill
of Lading shall have effect subject to the
provisions of the Carriage of Goods by Sea Act
of the United States of America, approved
April 16, 1936, which shall not be deemed a
surrender by the Carrier of any of its rights
or immunities or an increase of any of its
responsibilities or liabilities under said Act.
The provisions stated in said Act (except as
otherwise specifically provided herein) shall
govern before loading on and after discharge
from the vessel and throughout the entire time
the Goods are in the custody of the Carrier.
If this Bill of Lading is issued or delivered in
a locality where there is in force a compulsorily
applicable Carriage of Goods by Sea Act,
Ordinance or Statute of a nature similar to the
International Convention for the Unification of
Certain Rules Relating to Bills of Lading dated
at Brussels, August 25, 1924, it shall be subject
to the provisions of said Act, Ordinance or
Statute and rules thereto annexed.
(b) The Carrier shall be entitled to the full benefit
of, and right to, all limitations of or
exceptions from, liability authorized by any
provisions of Sections 4281 to 4288, inclusive,
of the Revised Statutes of the United States
and amendments thereto and of any other provisions
of the laws of the United States or of any other
country whose laws shall apply.
2. In this Bill of Lading:
(a) “Carrier” means and includes
Carrier named on the face side hereof, the vessel,
her owner, Master, operator, demise character,
and if bound hereby, the time charterer, and
any substitute Carrier whether the owner,
operator, charterer or Master shall be acting
as carrier or bailee.
(b) “Vessel” means and includes the ocean vessel on
which the Goods are shipped, named on the face
hereof, or any substitute vessel, also any
feedership, ferry, barge, lighter or any other
watercraft used by the Carrier in the performance
of this contract.
(c) “Merchant” means and includes the shipper, the
consignee, the receiver, the holder of this
Bill of Lading, the owner of the Goods or person
entitled to the possession of the Goods and the
servants or agents of any of these.
(d) “Charges” means and includes freight and all
expenses and money obligations incurred and
payable by the Merchant.
(e) “Goods” means and includes the cargo received
from the shipper and described on the face
side hereof and any Container not supplied
by or on behalf of the Carrier.
(f) “Container” means and includes any container,
van, trailer, transportable tank, flat, pallet
or any similar article of transport.
(g) “Person” means and includes an individual,
corporation, partnership or other entity as the
case may be.
(h) “Participating Carrier” means and shall include
any other water, land or air carrier performing
any stage of the Combined Transport.
3. It is understood and agreed that other than the said
Carrier, no person whatsoever (including the Master,
officers and crew of the vessel, all servants, agents,
employees, representatives, and all stevedores,
terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other
independent contractors whatsoever) is or shall be
deemed to be liable with respect to the goods as
carrier, bailee or otherwise howsoever, in contract
or in tort. If, however, it should be adjudged
that any other than said carrier is under any
responsibility with respect to the Goods, all
limitations of and exonerations from liability
provided by law or by the terms hereof shall be
available to such other persons as herein described.
In contracting for the foregoing exemptions,
limitations and exonerations from liability, the
Carrier is acting as agent and trustee for and on
behalf of all persons described above, all of
whom shall to this extent be deemed to be a party
to this contract evidenced by this Bill of Lading,
it being always understood that the said
beneficiaries are not entitled to any greater or
further exemptions, limitations or exonerations from
liability, than those that the Carrier has under this
Bill of Lading in any given situation.
4. Subject to all rights, privileges and limitations
of and exonerations from liability granted to the
ocean carrier under this Bill of Lading or by law,
any liability by the respective participating
carriers for loss or damage to the Goods or packages
carried hereunder shall be governed by the following:
(a) If loss or damage occurs while the goods or
packages are in the custody of the ocean
carrier, only the ocean carrier shall be
responsible therefore, and any liability of
the ocean carrier shall be determined by the
terms and conditions of this Bill of Lading
and any law compulsorily applicable.
(b) If loss or damage occurs while the Goods or
packages are in the custody of a participating
domestic or foreign Carrier, only the
participating domestic or foreign Carrier(s)
shall be responsible therefore, and any
liability of such participating domestic or
foreign Carrier(s) shall be determined, in
respective order, by the terms, conditions
and provisions of the applicable participating
domestic or foreign Carrier’s Bill(s) of Lading,
whether issued or not, tariff(s) and law
compulsorily applicable in the circumstances.
(c) Notwithstanding subdivision (a) and (b) hereof,
it is contemplated that the Goods or packages
will from time to time be carried in through
transportation that will include inland
transportation within the United States by
Railroad and sea carriage by one or more of
the other Carriers above defined (When used
on or endorsed on this Bill of Lading the words
“on board” shall mean and include on board the
original carrying vessel when the Goods or
packages are being transported from the
continental United States to a foreign port or
place “on board” shall mean and include on
board a rail car operated by the originating
carrier and enroute by rail to the port of
loading for loading on board the Carrier’s or
participating Carrier’s vessel).
(d) If loss or damage occurs after receipt of the
Goods or packages hereunder, and it cannot be
determined from the records of the ocean
Carrier or participating domestic or foreign
Carrier(s) whether such damage or loss occurred
during ocean, domestic or foreign carriage, it
shall be conclusively presumed that the loss or
damage occurred on board the vessel and while
the Goods or packages were in the custody of
the ocean Carrier.
(e) At all times when the Goods or packages are in
the custody of the above-mentioned participating
domestic or foreign Carriers, such Carriers
shall be entitled to all the rights, defenses,
exceptions from or limitations of liability
and immunities of whatsoever nature referred
to or incorporated herein applicable or granted
to the Carrier as herein defined, to the full
extent permitted to such domestic and foreign
Carriers under this Bill(s) of Lading, tariffs
and any other laws applicable or relating
thereto, provided however, that nothing
contained in this Bill of Lading shall be
deemed a surrender by these domestic or foreign
Carriers of any of their rights and immunities
or an increase of any of their limitations of
and exonerations from liability under their
said Bill(s) of Lading, tariffs or laws
applicable or relating to said carriage.
(f) In making any arrangements for transportation
by participating domestic or foreign Carriers
of the Goods or packages carried hereunder,
either before or after ocean carriage, it is
understood and agreed that the ocean Carrier
acts solely as agent of the Merchant, without
any other responsibility whatsoever, and it
assumes no responsibility as Carrier for such
domestic or foreign tranportation.
(g) Notice of loss or damage and claim against the
ocean Carrier, where applicable, shall be
given to the ocean Carrier, and suit commenced
as provided for in Clauses 30 and 31 hereof.
Notice of loss or damage against the
participating domestic or foreign Carrier(s),
where applicable, shall be filed with the
participating domestic or foreign Carrier(s)
and suit commenced as provided for in the terms,
conditions and provisions of said Carrier(s)
Bill(s) of Lading or by law applicable thereto.
It is understood by the Merchant that such
terms, conditions and provisions, as they
pertain to notice of, and claim for, loss or
damage and commencement of suit, contain
different requirements than those requirements
pertaining to ocean Carriage as contained in
Clauses 30 and 31 hereof.
5. The goods carried hereunder are subject to all the
terms and provisions of the Carrier’s applicable
Tariff or Tariffs on file with the Federal Maritime
Commission, Interstate Commerce Commission or any
other regulatory body which governs a particular
portion of this carriage, and the terms and provisions
of the said Tariff or Tariffs are hereby incorporated
herein as part of the Terms and Conditions of this
Bill of Lading. Copies of the relevant provisions
of the applicable Tariff or Tariffs are obtainable
from the Carrier, Federal Maritime Commission,
Interstate Commerce Commission or other regulatory
body upon request. In the event of any conflict
between the terms and provisions of such Tariff or
Tariffs and the Terms and Conditions of this Bill
of Lading, this Bill of Lading shall prevail.
6. The Merchant warrants that in agreeing to the Terms
and Conditions hereof, he is, or has authority of,
the person owning and entitled to the possession of
the Goods and this Bill of Lading.
7. (a) The Carrier shall be entitled to sub-contract on
any terms the whole or 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.
(b) As to through transportation, the Carrier
undertakes to procure such services as necessary
and shall have the right at its sole discretion
to select any mode of land, sea or air transport
and to arrange participation by other Carriers
to accomplish the combined transport from place
of receipt to place of delivery. Whenever any
stage of the combined transport is accomplished
by any land or air Carrier or any other water
Carrier, each such stage shall be controlled
according to any law compulsorily applicable
to such stage and according to the contracts,
rules and tariffs of each participating Carrier,
the same as if such contracts, rules and tariffs
were fully set forth herein.
8. The Carrier shall be entitled but under no
obligation to open any Container at anytime and to
inspect the contents unless applicable law prohibits
same. If it thereupon appears that the contents or
any part thereof cannot safely or properly be carried
or carried further, either at all or without
incurring any additional expense or taking any
measures in relation to the Container or its contents
or any part thereof, the Carrier may abandon the
transportation thereof and/or take any measures
and/or incur any reasonable additional expense to
carry or to continue the carriage or to store the
same ashore or afloat under cover or in the open, at
any place, which storage shall be deemed to
constitute due delivery under this Bill of Lading.
The Merchant shall indemnify the Carrier against
any unreasonable additional expense so incurred.
9. Carrier may containerize any Goods or packages.
Containers may be stowed on deck or under deck and
when so stowed shall be deemed for all purposes to
be stowed under deck, including for General Average
and U.S. Carriage of Goods by Sea Act, 1936 and
similar legislation.
10. Deck cargo (except goods carried in containers on
deck) and live animals are received and carried
solely at Merchant’s risk (including accident or
mortality of animals), and the Carrier shall not
in any event be liable for any loss or damage
thereto arising or resulting from any matters
mentioned in Section 4, Sub-Section 2(a) to (p),
inclusive, of the United States Carriage of Goods
by Sea Act, or from any other cause whatsoever not
due to the fault of the Carrier, any warranty of
seaworthiness in the premises being hereby waived,
and the burden of proving liability being in all
respects upon the Merchant. Except as provided
above, such shipments shall be deemed Goods and shall
be subject to all terms and provisions of this Bill
of Lading relating to Goods.
11. Special containers with heating or refrigeration
units will not be furnished unless contracted for
expressly in writing at time of booking and, when
furnished, may entail an increased freight rate or
charge. Shipper shall advise Carrier of desired
temperature range when delivering Goods to Carrier,
and Carrier shall exercise due diligence to maintain
the temperature within a reasonable range while the
containers are in its custody or control. The Carrier
does not, however, accept any responsibility for the
functioning of heated or refrigerated containers
not owned or leased by Carrier.
12. The scope of the voyage herein contracted for shall
include usual or customary or advertised ports of
call whether named in this contract or not, also
ports in or out of the advertised, geographical or
usual route or order, even though in proceeding
thereto the vessel may sail beyond the port of
discharge named herein or in a direction contrary
thereto, or return to the original port, or depart
from the direct or customary route and includes all
canals, straits, and other waters. The vessel
may call at any port for the purpose of the current,
prior or subsequent voyages. The vessel may omit
calling at any port whether scheduled or not,
and may call at the same port more than once, may
discharge the goods during the first or subsequent
call at the port of discharge, may for matters
occurring before or after loading, and either with
or without the goods on board, and before or after
proceeding towards the port of discharge, adjust
compasses, drydock with or without cargo on board,
stop for repairs, shift berths, make trial trips or
tests, take fuel or stores, remain in port, lie on
bottom, aground or at anchor, sail with or without
pilots, tow and be towed, and save or attempt to save
life or property, and all of the foregoing are
included in the contract voyage. The vessel may
carry contraband, explosives, munitions, warlike
stores, hazardous cargo, and sail armed or unarmed,
and with or without convoy.
The Carrier’s sailing schedules are subject to change
without notice, both as to the sailing date and date
of arrival. If this is a Through Bill of Lading,
no Carrier is bound to transport the shipment by
any particular train, truck, aircraft, vessel or
other means of conveyance, or in time for any
particular market or otherwise. No Carrier shall be
liable for delay and any Carrier shall have the right
to forward the goods by substitute Carrier.
13. If at any time the performance of the contract
evidenced by this Bill of Lading is or is likely
to be affected by any hindrance, risk, delay,
difficulty or disadvantage of whatsoever kind
which cannot be avoided by the exercise of reasonable
endeavours, the Carrier (whether or not the transport
is commenced) may without notice to the Merchant
treat the performance of this contract as terminated
and place the Goods or any parts of them at the
Merchant’s disposal at any place or port which the
Carrier may deem safe and convenient, whereupon the
responsibility of the Carrier in respect of such
Goods shall cease. The Carrier shall nevertheless
be entitled to full freight and charges on Goods
received for transportation and the Merchant shall
pay any additional costs of carriage to and delivery
and storage at such place or port.
14. If the Carrier makes a special agreement, whether
by stamp hereon or otherwise, to deliver the Goods
at a specified dock or place, it is mutually agreed
that such agreement shall be construed to mean
that the Carrier is to make such delivery only if,
in the sole judgment of the Carrier, the vessel can
get to, lie at, and leave said dock or place, always
safely afloat, and only if such dock or place is
available for immediate receipt of the Goods and that
otherwise the Goods shall be discharged as otherwise
provided in this Bill of Lading, whereupon all
responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant
a general order for discharging immediately upon
arrival of the vessel and the Carrier, without giving
notice either of arrival or discharge, may,
immediately upon arrival of the vessel at the
designated destination, discharge the goods
continuously, Sundays and Holidays included at all
such hours by day or by night as the Carrier may
determine no matter what the state of the weather
or custom of the port may be.
The Carrier shall not be liable in any respect
whatsoever if heat or refrigeration or special
cooling facilities shall not be furnished during
loading or discharge or any part of the time that
the Goods are upon the wharf, craft or other loading
or discharging place.
Landing and delivery charges and pier dues shall be
at the expense of the Goods unless included in the
freight herein provided for. If the Goods are not
taken away by the consignee by the expiration of the
next working day after the Goods are at his disposal,
the Goods may, at Carrier’s option and subject to
Carrier’s lien, be sent to store or warehouse or
be permitted to lie where landed, but always at the
expense and risk of the Goods. The responsibilites
of the Carrier in any capacity shall altogether
cease and the Goods shall be considered to be
delivered and at their own risk and expense in every
respect when taken into the custody of Customs or
other Authorities, or into that of any municipal
or governmental concessionaire or depository.
The Carrier shall not be required to give any
notification of disposition of the Goods, except
as may be otherwise provided in this Bill of Lading.
16. At ports or places where, by local law, authorities,
or custom, the Carrier is required to discharge
cargo to lighters or other craft, or where it
has been so agreed, or where wharves are not
available which the ship can get to, lie at, or
leave, always safely afloat, or where conditions
prevailing at the time render discharge at a wharf
dangerous, imprudent, or likely to delay the vessel,
the Merchant, shall promptly furnish lighters or other
craft to take delivery alongside the ship, at the
risk and expense of the Goods. If the Merchant,
fails to provide such lighters or other craft,
Carrier, acting solely as agent for the Merchant,
may engage such lighters or other craft at the risk
and expense of the Goods. Discharge of the Goods
into such lighters or other craft shall constitute
proper delivery and any further responsibility
of Carrier with respect to the Goods shall
thereupon terminate.
17. The carrier shall have liberty to comply with any
order or directions or recommendations in connection
with the transport under this contract of carriage
given by any Government or Authority or anyone acting
or purporting to act on behalf of such Government
or Authority, or having, under the terms of the
mortgage or insurance on the vessel or other
transport, the right to give such orders, directions
or recommendations. Discharge or delivery of the
Goods in accordance with the said order or directions
or recommendations shall be deemed a fulfillment of
the contract. Any extra expense incurred in connection
with the exercise of the Carrier’s liberty under
this clause shall be paid by the Merchant in addition
to freight and charges.
18. Whenever the Carrier or Master may deem it advisable,
or in any case where goods are destined for port(s)
or place(s) at which the vessel or participating
carriers will not call, the Carrier may, without
notice, forward the whole or any part of the shipment,
before or after loading at the original port of
shipment, or any other place or places even though
outside the scope of the voyage or the route to
or beyond the port of discharge or the destination
of the Goods, by water, by land or by air or by any
combination thereof, whether operated by the Carrier
or others and whether departing or arriving or
scheduled to depart or arrive before or after the
ship expected to be used for the transportation of
the shipment. The Carrier may delay forwarding
awaiting a vessel or conveyance in its own service
or with which it has established connections. In
all cases where the shipment is delivered to another
Carrier or to a lighter, Port Authority, warehouseman
or other bailee for transshipment, the liability
of this Carrier shall absolutely cease when the
Goods are out of its exclusive possession and shall
not resume, until the Goods again come into its
exclusive possession, and the responsibility of
this Carrier during any such period shall be that of
an agent of the Merchant and this Carrier shall be
without any other responsibility whatsoever. The
carriage by any transshipping or On-Carrier and all
transshipment or forwarding shall be subject to all
the terms whatsoever in the regular form of Bill of
Lading, consignment note, contract or other
shipping document used at the time by the Carrier
performing such transshipment or forwarding.
19. In any situation whatsoever and wheresoever
occurring and whether existing or anticipated before
commencement of or during the combined transport,
which in the judgement of the Carrier or the Master
is likely to give rise to risk of capture, siezure,
detention, damage, delay or disadvantage or loss to
the Carrier or any part of the Goods, to make it
unsafe, imprudent or unlawful for any reason to
receive, keep, load, or carry the goods, or commence
or proceed on or continue the transport or to enter
or discharge the goods or disembark passengers at
the port of discharge, or the usual or agreed or
intended place of discharge or delivery, or to give
rise to delay or difficulty in proceeding by the usual
or intended route, the Carrier or the Master may
decline to receive, keep, load or carry the Goods or
may devan container(s) contents or any part thereof
and may require the Merchant to take delivery of the
Goods at the place of receipt of any other point in
the combined transport and upon failure to do so,
may warehouse the Goods at the risk and expense
of the Goods, or the vessel, whether or not
proceeding towards or entering or attempting to
enter a port of discharge, or reaching or attempting
to reach a usual place of discharge therein or
attempting to discharge the shipment, may discharge
the Goods and/or devan the contents of any
container(s) at another port, depot, lighter, craft,
or other place, or may forward or transship them as
provided in this Bill of Lading, or the Carrier
or the Master may retain the Goods, vanned or
unvanned, on board until the return of the vessel
to the port of loading or to the port of discharge
or until such time as the Carrier or the Master thinks
advisable and discharge the Goods at any place
whatsoever as herein provided. The Carrier or the
Master is not required to give notice of such
devanning or of discharge of the Goods or of the
forwarding thereof as herein provided. When the Goods
are discharged from the ship, as herein provided,
such shall be at the risk and expense of the Goods.
Such discharging shall constitute complete delivery
and performance under this contract and the Carrier
shall be free from any further responsibility,
unless it be shown that any loss or damage to the
Goods arose from Carrier’s negligence in the
discharge and delivery as herein provided, the burden
of establishing such negligence being on the Merchant.
For any service rendered to the Goods as herein above
provided or for any delay or expense to the vessel
caused as a result thereof, the Carrier shall be
entitled to a reasonable extra compensation, and
shall have a lien on the goods for such carriage.
Notice of disposition of the Goods shall be mailed
to shipper or consignee named in this Bill of Lading.
Goods shut out from the vessel named herein for any
cause may be forwarded on a subsequent vessel of
this Line or, at Carrier’s option, on a vessel of
another Line or by other mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall
neither be liable therefore, nor concluded as to,
the correctness of any such marks, descriptions
or representation.
When any cargo unit owned or leased by Carrier is
packed or loaded by shipper or its agent, or
discharged by consignee or its agent, shipper,
consignee, receiver, holder of this Bill of Lading,
owners of the Goods and person entitled to the
possession of the Goods shall be and remain liable,
jointly and severally, for any loss or damage to
the cargo unit during such loading or discharge,
howsoever occurring, until the cargo unit is returned
to Carrier’s custody and, at tariff rates, for any
delay beyond the time allowed for such loading or
discharge, and for any loss, damage or expense
incurred by Carrier as a result of the failure
to return the cargo unit to the Carrier in the
same sound condition and state of cleanliness
as when received by shipper. Such loss, damage,
expense or delay shall constitute a lien on the
Goods.
Where a cargo unit is to be unpacked or unloaded
by consignee or its agent, consignee or its agent
shall promptly unpack or unload such cargo unit
and take delivery of its contents, irrespective of
whether the Goods are damaged or not. Carrier shall
not be liable for loss or damage caused to the Goods
by or during such unpacking or unloading.
21. When containers, vans, trailers, transportable tanks,
flats, palletized units, and all other packages
(all hereinafter referred to generically as “cargo
units”) are not packed or loaded by Carrier, such
cargo units shall be deemed shipped as “Shipper’s
weight, load and count”. Carrier has no reasonable
means of checking the quantity, weight, condition
or existence of the contents thereof, does not
represent the quantity, weight, condition or
existence of such contents, as furnished by the
shipper and inserted in this Bill of Lading, to be
accurate, and shall not be liable for nonreceipt
or misdescription of such contents. Carrier shall
have no responsibility or liability whatsoever
therefore or for the packing, loading, securing
and/or stowage of contents of such cargo units, or
for loss or damage caused thereby or resulting
therefrom, or for the physical suitability or
structural adequacy of such cargo units properly
to contain their contents.
The Merchant, whether principal or agent, by packing
or loading the cargo unit and/or by allowing the
cargo unit to be so packed or loaded, represents,
guarantees and warrants: (a) that the Goods are
properly described, marked and safely and securely
packed in their respective cargo units; that such
cargo units are physically suitable, sound and
structurally adequate properly to contain and
support the Goods during handling and on the
transport; and that the cargo units may be handled
in the ordinary course without damage to themselves
or to their contents, or to the vessel or conveyance
or to their other cargo, or property, or persons;
(b) that all particulars with regard to the cargo
units and their contents, and the weight of each
said cargo unit, are in all respects correct, and
(c) that they have ascertained and fully disclosed
in writing to the Carrier and all participating
Carriers on or prior to shipments, and condition,
ingredient or characteristic of the Goods which
might indicate that they are inflammable, explosive,
corrosive, radioactive, noxious, hazardous or
dangerous in nature, or which might cause damage,
injury or detriment to the Goods, or to the vessel,
conveyance or other cargo or to property or persons
that they have complied fully with all statutes,
ordinances and regulations of the Department of
Transportation of the United States of America and
all other regulatory bodies with respect to labeling,
packaging and preparation for shipment of all such
Goods.
The shipper, consignee, receiver, holder of this
Bill of Lading, owner of the Goods and persons
entitled to the possession of the Goods jointly
and severally agree fully to protect and indemnify
Carrier, and to hold it harmless in respect of any
injury or death of any person, or loss or damage to
cargo or cargo unit or any other property, or to the
vessel or conveyance or expense or fine arising out of
or in anyway connected with breach of any of the
foregoing representations or warranties, howsoever
occurring, even without fault of shipper, consignee
and/or owner of the Goods, and even though such
injury, death, loss or damage is caused in whole or
in part by the fault of the Carrier or unseaworthiness.
22. The Merchant and the Goods themselves shall be liable
for and shall indemnify the Carrier, and the Carrier
shall have a lien on the Goods for all expenses of
mending, repairing, fumigating, repacking, coopering,
baling, reconditioning of the Goods and gathering
of loose contents of packages; also for expenses
for repairing containers damaged while in the
possession of the Merchant for demurrage on containers
and any payment, expense, fine, dues, duty, tax,
impost, loss, damage or detention sustained or
incurred by or levied upon the Carrier, vessel or
conveyance in connection with the Goods, howsoever
caused, including any action or requirement of any
government or governmental authority or person
purporting to act under the authority thereof,
seizure under legal process or attempted seizure,
incorrect or insufficient marking, numbering or
addressing of containers, packages or description
of the contents, failure of the Merchant to procure
consular, Board of Health or other certificates to
accompany the Goods or to comply with laws or
regulations or any kind imposed with respect to the
Goods by the authorities at any port or place or
any act or omission of the Merchant. The Carrier’s
lien shall survive delivery and may be enforced by
private or public sale and without notice.
23. Freight shall be payable, at Carrier’s option, on
actual gross intake weight or measurement or on
acutal gross discharge weight or measurement
or on a value or other basis. Freight may be
calculated on the basis of the particulars of the
Goods furnished by the shipper herein, but the
Carrier may, as previously stated herein, at any
time open the packages or containers and examine,
weigh, measure and value the Goods (unless applicable
law prohibits same). In case shipper’s particulars
are found to be erroneous and additional freight
payable, the Merchant and the Goods shall be liable
for any expense incurred for examining, weighing,
measuring and valuing the Goods. Full freight shall
be paid on damaged or unsound goods. Full freight
hereunder to place of delivery named herein and
advance charges (including on-Carrier’s) shall be
considered completely earned on receipt of the Goods
by the Carrier, whether the freight be stated or
intended to be prepaid or to be collected at
destination; and the Carrier shall be entitled to
all freight and charges, extra compensation,
demurrage, detention, General Average, claims and
any other payments made and liability incurred
with respect to the Goods, whether actually paid
or not, and to receive and retain them irrevocably
under all circumstances whatsoever, vessel,
conveyance and/or cargo lost, damaged or otherwise,
or the combined transport changed, frustrated or
abandoned. In case of forced abandonment or
interruption of the combined transport for any cause,
any forwarding of the goods or any part thereof shall
be at the risk and expense of the Goods. All unpaid
charges shall be paid in full, without any offset, coun-
terclaim or deduction in the currency of the place of
receipt or at Carrier’s option, in the currency of the
place of delivery at the demand rate of New York
exchange as quoted on day of arrival of the Goods at
the place of delivery.
The Merchant shall be jointly and severally liable
to the Carrier for the payment of all freight charges
and the amounts due to the Carrier, and for any
failure of either or both to perform his or their
obligations under the provisions of the Bill of Lading,
and they shall indemnify the Carrier against, and hold
it harmless from, all liability, loss, damage and
expense which the Carrier may sustain or incur arising
or resulting from any such failure or performance
by the Merchant. Any person, firm or corporation
engaged by any party to perform forwarding services
with respect to the cargo shall be considered the
exclusive agent of the Merchant for all purposes and
any payment of freight to such person, firm or
corporation shall not be considered payment to the
Carrier in any event. Failure of such person, firm or
corporation to pay any part of the freight to the
carrier shall be considered a default by the
Merchant in the payment of the freight.
The Carrier shall have a lien on the Goods and any
documents relating thereto, which shall survive
delivery, for all freight charges and damages of any
kind whatsoever, and for the costs of recovering
same, including expenses incurred in preserving this
lien, and may enforce this lien by public or
private sale and without notice. The shipper,
consignee, receiver, holder of this Bill of Lading,
owner of the Goods and person entitled to the
possession of the Goods shall be jointly and
severally liable to the Carrier for the payment
of all freight, charges and damages as aforesaid
under and for the performance of this obligation of
each of them hereunder.
24. Carrier shall not be liable for any consequential
or special damages and shall have the option of
replacing lost Goods or repairing damaged Goods.
25. The weight or quantity of any bulk cargo inserted
in this Bill of Lading is the weight or quantity as
ascertained by a third party other than the Carrier,
and Carrier makes no representation with regard to
the accuracy thereof. This Bill of Lading shall not
be deemed evidence against the Carrier of receipt of
goods of the weight of quantity so inserted in the
Bill of Lading.
26. Neither the Carrier nor any corporation owned by,
subsidiary to or associated or affiliated with the
Carrier shall be liable to answer for or make
good any loss or damage to the Goods occurring at
any time and even though before loading on or after
discharge from the ship, by reason or by means of any
fire whatsoever, unless such fire shall be caused by
its design or neglect, or by its actual fault or
privity. In any case where this exemption is not
permitted by law, Carriers shall not be liable for
loss or damage by fire unless shown to have been caused
by Carrier’s negligence.
27. If the vessel comes into collision with another
vessel as a result of the fault or negligence of the
other vessel and any act, neglect or default of the
Carrier, Master, mariner, pilot or the servants of
the Carrier in the navigation or in the management
of the vessel, the Merchant will indemnify the
carrier against all loss or liability to the other
or non-carrying vessel or her owners insofar as such
loss or liability represents loss of, or damage to,
or any claim whatsoever of the Merchant, paid
or payable by the other or non-carrying vessel or
her owners to the Merchant and set-off, recouped or
recovered by the other or non-carrying vessel or
her owners as part of their claim against the
carrying vessel or Carrier.
The foregoing provisions shall also apply where the
owners, operators or those in charge of any vessel or
vessels or objects other than, or in addition to,
the colliding vessels or objects are at fault in
respect of a collision, contact, stranding or other
accident.
This provision is to remain in effect in other
jurisdictions even if unenforceable in the Courts
of the United States of America.
28. General average shall be adjusted, stated and
settled according to York-Antwerp Rules 1974,
except Rule XII thereof, at such port or place as
may be selected by the Carrier and as to matters
not provided for by these Rules, according to the
laws and usages of New York.
In such adjustment, disbursements in foreign
currencies shall be exchanged into United States
money at the rate prevailing on the dates made
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 or place
of final discharge of such damaged cargo from the
ship. Average agreement or bond and such additional
security as may be required by the Carrier must
be furnished before delivery of the goods. Such
cash deposit as the Carrier or his agents may deem
sufficient as additional security for the contribution
of the goods and for any salvage and special charges
thereon shall, if required, be made by the Goods,
shippers, consignees or owners of the goods to the
Carrier before delivery of the Goods. Notwithstanding
anything hereinbefore contained, such shall at the
option of the Carrier be payable in United States
currency and be remitted to the adjuster pending
settlement of the General Average and refunds of
credit balances, if any, shall be paid in United
States currency. In addition to the circumstances
dealt with in the 1974 York-Antwerp Rules, it is
agreed that if the Carrier has used due diligence
in the stowage of cargo and if the safe prosecution of
the voyage is thereafter imperiled in consequence
of the disturbance of stowage, the costs of handling,
discharge, reloading and restowing cargo shall be
allowed in General Average, even though the handling
of cargo is not necessary for the purpose of effecting
repairs to the vessel.
In the event of accident, danger or disaster, before
or after 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, the shipper, consignee,
receiver, holder of the Bill of Lading, owner of the
Goods and person entitled to the possession of the
Goods, jointly and severally, shall contribute with
the Carrier in General Average to the payment of any
sacrifies, 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. If a salving ship is owned or
operated by the Carrier, salvage shall be paid for
as fully and in the same manner as if such salving
ship or ships were owned or operated by strangers.
Cargo’s contribution in General Average shall be
paid to the shipowner even when such average is the
result of fault, neglect or error of the Master, pilot,
officers or crew. The Merchant expressly renounces
any and all codes, statutes, laws or regulations which
might otherwise apply.
29. In case of any loss or damage to or in connection with
Goods exceeding in actual value the equivalent of
$500.00 lawful money of the United States, per package,
or in case of Goods not shipped in packages, per
shipping unit, the value of the Goods shall be deemed
to be $500.00 per package or per shipping unit. The
Carrier’s liability, if any, shall be determined
on the basis of a value or $500.00 per package or
per shipping unit or pro rata in case of partial
loss or damage, unless the nature of the Goods and
a valuation higher than $500.00 per package or per
shipping unit shall have been declared by the
shipper before shipment and inserted in this
Bill of Lading, and extra freight paid if required.
In such case, if the actual value of the Goods per
package or per shipping unit shall exceed such
declared value, the value shall nevertheless be deemed
to be declared value and the Carrier’s liability,
if any, shall not exceed the declared value and
any partial loss or damage shall be adjusted pro
rata on the basis of such declared value. The words
“shipping unit” shall mean each physical unit or
piece of cargo not shipped in a package, including
articles or things of any description whatsoever,
except goods shipped in bulk, and irrespective
of the weight or measurement unit employed in
calculating freight charges.
Where containers, vans, trailers, transportable
tanks, flats, palletized units and other such packages
are not packed by the Carrier, each individual such
container, van, trailer, transportable tank,
palletized unit and other such package including
in each instance its contents, shall be deemed a
single package and Carrier’s liability limited to
$500.00 with respect to each such package.
30. As to loss or damage to the Goods or packages
occurring or presumed to have occurred during ocean
voyage, unless notice of loss of or damage and the
general nature of it be given in writing to the
Carrier or its agent at the port of delivery before
or at the time of the removal of the Goods or
packages into the custody of the person entitled to
delivery thereof under this Bill of Lading or, if
the loss or damage be not apparent, within three
consecutive days after delivery at the port of
discharge, such removal shall be primafacie evidence
of the delivery by the Carrier of the Goods or packages
as described in this Bill of Lading.
31. As to loss or damage to the Goods or packages
occurring or presumed to have occurred during ocean
carriage, the Carrier and the vessel shall be
discharged from all liability in respect of loss,
damage, misdelivery, delay or in respect of any
other breach of this contract and any claim
whatsoever with repsect to the Goods or packages,
unless suit is brought within one year after
delivery of the Goods or package or the date when
the Goods or package should have been delivered.
Suit shall not be deemed brought unless jurisdiction
shall have been obtained over the Carrier and/or
the vessel by service of process or by an agreement
to appear.
32. Gold, silver, specie, bullion or other valuables,
including those named or described in Sec. 4281 of
the Revised Statutes of the United States, will
not be received by the Carrier unless their true
character and value are disclosed to the Carrier
and a special written agreement therefore has been
made in advance, and will not, in any case, be loaded or
landed by the Carrier. No such valuables shall be
considered received by or delivered to the Carrier
until brought aboard the ship by the shipper and
put in the actual possession of and written receipt
therefor is given by the Master or other officer
in charge. Such valuables will only be delivered by
the Carrier aboard the ship on presentation of bills
of lading properly endorsed and upon such delivery on
board the Carrier’s responsibility shall cease. If
delivery is not so taken promptly after the ship’s
arrival at the port of discharge, the goods may be
retained aboard or landed or carried on, solely at
the risk and expense of the goods.
33. It is agreed that superficial rust, oxidation or
any like condition due to moisture, is not a condition
of damage but is inherent to the nature of the cargo;
and acknowledgement of receipt of the Goods in
apparent good order and condition is not a
representation that such conditions of rust,
oxidation and the like did not exist on receipt.
34. Nothing in this Bill of Lading shall operate to
deprive the Carrier of any statutory protection or
exemption from, or limitiation of, liability,
contained in the laws of the United States, or in
the laws of any other country which may be applicable.
This Bill of Lading shall be construed according to
the laws of the United States and the Merchant agrees
that any suits against the Carrier shall be brought
in the Federal Courts of the United States. The
terms of this Bill of Lading shall be separable, and
if any part or term hereof shall be held invalid,
such holding shall not affect the validity or
enforceability of any other part or term hereof.
Rule 9 FREIGHT FORWARDER COMPENSATION
effective date = 26Feb2008
A. Payments of Compensation
1. Compensation to a licensed Ocean Freight Forwarder
will be paid in connection with any shipment dis-
patched 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, 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.
3. Carrier will not knowlingly pay compensation on
a shipment in which the forwarder has a direct
or indirect beneficial interest.
B. Rates of Compensation
1. Such compensation shall be based on percentage
of the tariff rate for the commodity involved.
2. The applicable percentage shall be as shown below:
(Applies on Export Shipments Only)
FCL LCL
— —
5% 5%
3. Exceptions – 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
filing requirements of the Shipping
Act, 1984.
(d) Military Sealift Command or Military
Traffic Management Command cargoes.
(e) Terminal Handling Charge, Bunker Adjustment
Factor, Currency Adjustment Factor or any
surcharge named in the tariff.
Rule 10 SURCHARGES AND ARBITRARIES
effective date = 26Feb2008
All surcharges, arbitraries and assessorial charges which
are established by Custom of the Port, by Port Tariffs, by
U.S. Customs or by the underlying Vessel Operating
Common Carrier are not under the control of the filing
Non-Vessel Operating Common Carrier who is merely acting
as a collection agent for these charges.
Such charges are for the account of the cargo and will be
indicated in specific TLIs under this attached TLI notes
and/or assessorial charges field as appropriate.
Rule 10-A BUNKER SURCHARGE (BSC)
effective date = 26Feb2008
Except as otherwise provided in individual commodity items
a Bunker Surcharge (BSC) shall apply to all cargo as shown
below:
To: Europe Ports - $ 40.00 – Per 20′ Container
$ 80.00 – Per 40′ Container
BAF surcharges for shipments from Turkey will be as
follows via:
Turkon Line, P&O Nedlloyd, Maersk, Hapag Lloyd, China
Shipping Container Lines
US$403.00 for 20′ container,
US$806.00 for 40′ container
US$806.00 for 40′ HC container
BAF surcharges for shipments from Turkey will be as
follows via:
Mediterranean Shipping Company
US$200.00 for 20′ container,
US$300.00 for 40′ container
US$300.00 for 40′ HC container
BAF surcharges for shipments from Turkey, to the USA
will be as follows via:
Evergreen Lines:
US$ 72.00 20′PC
US$ 144.00 40′PC any size
Rule 10-B PEAK SEASON SURCHARGE (PSS)
effective date = 10Jul2008
PEAK SEASON SURCHARGE WILL APPLY AS FOLLOWS:
$320/20′
$400/40′
$450/40′HC
Rule 11 MINIMUM QUANTITY RATES
effective date = 26Feb2008
When two or more TLIs are named for the same commodity
over the same route and under similar conditions, and
the application is dependent upon the quantity of the
commodity shipped, the total freight charges assessed
against the shipment may not exceed the total charges
computed for a larger quantity, if the TLI specifying a
required minimum quantity (either weight or measurement
per container or in containers), will be applicable to
the contents of the container(s), and if the minimum set
forth is met or exceeded. At the shipper’s option, a
quantity less than the minimum level may be freighted at
the lower TLI if the weight or measurement declared
for rating purposes is increased to the minimum level.
Rule 12 AD VALOREM RATES
effective date = 26Feb2008
A. The liability of the carrier as to the value of
shipment at the rates herein provided shall be
determined in accordance with the clauses of
the carrier’s regular Bill of Lading form.
B. If the shipper desires to be covered for a valuation
in excess of that allowed by the carrier’s regular
Bill of Lading form, the shipper must so stipulate
in carrier’s Bill of Lading covering such shipments
and such additional liability only will be assumed by
the carrier at the request of the shipper and upon
payment of an additional charge based on the total
declared valuation in addition to the stipulated
rates applying on the commodities shipped as
specified herein.
C. Where value is declared on any piece or package in
excess of the Bill of Lading limit of value of
$500.00, the Ad Valorem rate, specifically
provided against the item, shall be three and three
quarters per cent (3-3/4%) of the value declared in
excess of the said Bill of Lading Limit of Value
and is in addition to the base rate.
Rule 13 TRANSSHIPMENT
effective date = 26Feb2008
NOT APPLICABLE
Rule 14 CO-LOADING IN FOREIGN COMMERCE
effective date = 26Feb2008
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 ten-
dering 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 relation-
ship. 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 co-load 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 co-loaded.
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, car-
rier shall be responsible to the receiving
NVOCC for payment of any charges for the
transportation of the cargo.
Rule 15 OPEN RATES IN FOREIGN COMMERCE
effective date = 26Feb2008
NOT APPLICABLE
Rule 16 HAZARDOUS CARGO
effective date = 26Feb2008
A. These terms apply to all commodities which bear
standard caution labels as required by the “Code
of Federal Regulations”.
B. Dangerous Cargo consists of those commodities
which are required by the “Code of Federal
Regulations” to be confined to on deck stowage
only. Such commodities shall be assessed the
Cargo, NOS rate, unless otherwise provided.
C. Hazardous Cargo consists of those commodities for
which on deck stowage is not required and which
may be stowed under deck in conformity with
“Code of Federal Regulations”. Such commodities
shall be assessed the Cargo, NOS rate unless
otherwise provided.
D. Carrier will hold shipper(s) solely responsible for
any penalties and/or damages resulting from failure
to comply with the foregoing.
E. All shipments tendered pursuant to this rule
are subject to prior booking with the carrier
and are governed by the International Maritime
Dangerous Goods Code and Code of Federal
Regulations Title 46 Part 146.25 and Title
49 Parts 100-199.
F. Included in the Foregoing are the regulations of
the U.S. Department of Transportation set forth in
46 CFR 146.29, which specified that the following
information requirements must accompany each ship-
ment of hazardous goods from the U.S.
1. A 24 Hour Telephone Number
It is required that the shipper provided on the
shipper document (e.g. the Bill of Lading), a 24
hour emergency telephone number of a person or
organization in foreign countries and in the
U.S., having or having immediate access to,
knowledge about the hazardous material and
comprehensive emergency response and accident
mitigation information for the material. The
Carrier cannot accept shipments of chemicals and
other hazardous materials which do not provide
a 24 hour telephone number.
2. Emergency Response Measures to Accompany the Cargo
The following emergency response information must
accompany each hazardous materials shipment and
be kept with the vehicle/vessel operator:
– a description of the hazardous material
– immediate health hazard information and
preliminary first aid measures
– immediate precautions and methods of
handling spills, leaks and fires, etc.
3. NOS Shipments Must Show Technical Name.
NOS Descriptions of hazardous goods on the
shipping paper must be accompanied by the
chemical’s technical name.
Any fines or penalties incurred due to the failure
of the shippers to conform to the regulations will
be for the account of the shipper. In addition
shipper shall indemnify and hold carrier harmless
from and against any liability for damage to property
or person arising from the ocean or inland transporta-
tion and handling of hazardous cargoes, except where
such liability is the exclusive fault of the carrier.
Rule 17 GREEN SALTED HIDES IN FOREIGN COMMERCE
effective date = 26Feb2008
NOT APPLICABLE
Rule 18 RETURNED CARGO IN FOREIGN COMMERCE
effective date = 26Feb2008
NOT APPLICABLE
Rule 19 SHIPPERS REQUESTS IN FOREIGN COMMERCE
effective date = 26Feb2008
A. Shippers may transmit requests, consultations and
complaints to
MEGA SHIPPING AND FORWARDING LTD.
D/B/A MERIDIAN LINE
301 PENHORN AVENUE – SPACE 4
SECAUCUS, NJ 07094
B. As used in this rule, the phrase “request and Com-
plaint” means any communication requesting a change in
tariff rates, rules or regulations; objecting to rate
increases or other tariff changes; and protects against
erroneous billings due to an incorrect commodity
classification, incorrect weight or measurement of cargo,
or other implementation of the tariff. Routine requests
for rate information sailing schedules, space avail-
ability and the like are not included in the foregoing.
C. Shippers’ request for rate action must include at least
the following information:
– Shipper’s Name/Address/Telephone Number
– Commodity Description
– Port/Point of Loading
- Port/Point of Discharge
– Cargo Quantity
– Anticipated Shipment Date
Rule 20 OVERCHARGE CLAIMS
effective date = 26Feb2008
All billed charges, whether prepaid or collect, are
subject to correction if the description furnished by
the shipper or shippers is found to be in error or if
the weights or measurements are found to be incorrect.
Claims for refunds of excess freight charges will be
allowed only when proof of error has been determined as
indicated below and only when the original paid freight
bill is submitted within 3 years of the date the
cause of action accrues. (See NOTE 1)
Claims seeking the refund of freight overcharges may be
filed in the form of a complaint with the Federal
Maritime Commission, Washington, DC 20573, pursuant to
Section 11(g) of the Shipping Act, 1984, within 3 years
of the date the cause of action accrues.
Claims for freight rate adjustment filed in writing shall
be acknowledged by the carrier within twenty days of
receipt by written notice to the claimant of the tariff
provisions actually applied and claimant’s rights under
the Shipping Act, 1984.
Measurements:
1. Obvious error in calculation by the carrier.
2. By remeasurement by carrier at port of loading or
discharge.
3. By joint measurement by carrier’s agent and consignee
of shipment at the port of discharge.
4. By remeasurement by a marine surveyor when requested
by carrier’s agent.
Weight:
By production of invoice or packing list certified by
the supplier; or by production of public weigher’s
certificate.
Remeasurement or reweighing fees, cable expenses, and
any other incidental charges are, in all cases, to be
sustained by the party at fault.
NOTE 1: When for any reason claimant cannot provide
the original paid freight bill (not photostats),
a bond of indemnity must be submitted in lieu
thereof.
Rule 21 USE OF CARRIER EQUIPMENT
effective date = 26Feb2008
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.
Rule 22 AUTOMOBILE RATES (IN DOMESTIC OFFSHORE COMMERCE)
effective date = 26Feb2008
NOT APPLICABLE
Rule 23 CARRIER TERMINAL RULES AND CHARGES
effective date = 26Feb2008
All charges for terminal services, canal tolls, additional
charges or other provisions are not under the control of
the filing common carrier which is merely acting as a
collection agent for these charges.
Such charges will be indicated in specific TLIs under
the attached TLI notes and/or assessorial charges field
as appropriate. Issued in accordance with 46CFR Parts
514.13 (b)(28), 514.13(b)(29) and 514.15(b).
Rule 23-A TERMINAL HANDLING CHARGE (THC)
effective date = 26Feb2008
Except as otherwise provided, a Terminal Handling Charge
(THC) shall apply to all cargo as follows:
Turkey - $ 11.00 WM, Min. $35.00
$150.00 – Per 20′ Container
$250.00 – Per 40′ Container
Rule 24 NVOCCs IN FOREIGN COMMERCE: BONDS AND AGENTS
effective date = 11Jan2010
A. BONDING OF NVOCC’s
1. Carrier has furnished the Federal Maritime Commission
a bond in the amount required by 46 CFR 515 to ensure
the financial responsibility of the carrier for the
payment of any judgement for damages arising from its
transportation related activities, orders for
reparations issued pursuant to Section 11 of the
Shipping Act 1984, as amended by the Ocean Shipping
Reform Act of 1998, or penalties assessed pursuant to
Section 13 thereof.
2. Bond No.: 8810202
3. Bond issued by:
International Fidelity Insurance Company
One Newark Center
Newark, NJ 07102
B. AGENT FOR SERVICE OF PROCESS
1. Carrier’s agent for the service of judicial and
administrative process including subpenas follows in
paragraph 3. In any instance in which the designated
legal agent connot be served because of death,
disability or unavailability, the Secretary of the
Federal Maritime Commission will be deemed to be the
carrier’s legal agent for service of process.
2. Service of administrative process, other than
subpenas, 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.
Rule 25 CERTIFICATION OF SHIPPER STATUS IN FOREIGN COMMERCE
effective date = 26Feb2008
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 Sections 8 and 23 of the Shipping
Act 1984 before the Carrier accepts or transports cargo
for the account of the NVOCC. A copy of the tariff rule
published by the NVOCC and in effect under CFR 514.15 (b)
(25) will be accepted by the Carrier as documenting the
NVOCC’s compliance with the tariff and bonding requirements
of the Act.
Rule 26 TIME/VOLUME RATES IN FOREIGN COMMERCE
effective date = 26Feb2008
NOT APPLICABLE
Rule 27 LOYALTY CONTRACTS IN FOREIGN COMMERCE
effective date = 26Feb2008
NOT APPLICABLE
Rule 28 DEFINITIONS
effective date = 26Feb2008
Explanation of definitions as used throughout this tariff,
AW ………………….. All Water
BAF …………………. Bunker Adjustment Factor
CAF …………………. Currency Adjustment Factor
COFC ………………… Container on Flat Car
DDC …………………. Destination Delivery Charge
F …………………… Fahrenheit
FCL …………………. Full Container Load
FI ………………….. Free In to Vessel
FIO …………………. Free In and Out to Vessel
FIO ST ………………. Free In and Out, Stowed and
Trimmed
FO ………………….. Free Out to Vessel
I.D. ………………… Inside Diameter
K.D. ………………… Knocked Down
Min …………………. Minimum
MLB …………………. Mini-Landbridge
N.O.S. ………………. Not Otherwise Specified
NVOCC ……………….. Non Vessel Operating Common
Carrier
O.D. ………………… Outside Diameter
R/T …………………. Revenue Ton
SOC …………………. Shipper Owned Container
SOTC ………………… Shipper Owned Tank Container
SU ………………….. Set Up
THC …………………. Terminal Handling Charge
TLI …………………. Tariff Line Item
TOFC ………………… Trailer on Flat Car
Viz. ………………… Namely
VOCC ………………… Vessel Operating Common Carrier
CARGO, N.O.S. – means articles not otherwise specified
in individual commodity items of this tariff
CAUTION – means articles which may be subject to Rule
No. 16
CO-LOADING – means the combining of cargo, in the import or
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.
DRY CARGO – means cargo other than that requiring
temperature control.
EXPLOSIVE CARGO – means cargo falling within Class A, B
and C explosives as defined in Rule 16.
LABEL CARGO – means cargo requiring White, Yellow, Red,
Red Gas, Green Gas, Poison Gas and Tear Gas labels as
shown. See Rule No. 16
MIXED SHIPMENT – means a shipment consisting of articles
described in and rated under two or more rate items
of this Tariff.
NON-HAZARDOUS – means non-label cargo which is permitted
stowage between decks or under deck (other than
Magazine) under C.F.R. Title 46 – shipping, as
amended from time to time, and such cargo will be
rated in accordance with the rates applicable therefor
as provided in the tariff item.
ONE COMMODITY – means any or all the articles described
in any one rate item in this Tariff.
REVENUE TON – means 1,000 kilos or 1 cubic metre as
freight charges are assessed.
SHIPMENT – means a quantity of goods, tendered by one
consignor on one Bill of Lading at one port/point
of origin at one time in one or more containers
for one consignee at one port/point of destination.
STUFFING, UNSTUFFING – means the physical placing of
cargo into or the physical removal of cargo from
containers.
WORKING DAY – means each calendar day, excepting
Saturday, Sundays and Holidays, between 8:00 A.M.
and 5:00 P.M.
Rule 29 SYMBOLS
effective date = 26Feb2008
Explanation of Symbols as Used Throughout this Tariff:
AMENDMENT TYPE
————-
A Increase (in foreign commerce and across-the-board
increase in domestic commerce)
C Change resulting in neither increase or decrease
in rates or charges
E Expiration (Also use “A” in foreign commerce and
“X” in domestic commerce in the application of
a higher “Cargo, NOS” or similar rate)
G General rate increase or decrease (Domestic
Commerce)
I New or initial matter
K Rate or change filed by a controlled common
carrier member of a conference under independent
action (Foreign Commerce)
M Transportation of U.S. Department of Defense cargo
by American – flag common carriers under terms
and conditions negotiated and approved by the
Military Sealift Command (MSC), (Foreign Commerce)
P Extension of service to additional port(s) at rates
already in effect for similar services at the
port(s) being added; or the carrier’s establishment
additional terminal facilities at the port(s)
already served, at the same rates as those
currently applicable to comparable facilities of
the carrier at the same port (Domestic Commerce)
Addition of a port or point (Foreign Commerce)
R Reduction (Not a General Rate Decrease in Domestic
Commerce)
S Special Case matter filed pursuant to Special
Permission, Special Docket or other Commission
direction, including a correction amendment to,
or resubmission (after notice of intent to reject)
of, Essential Terms; filing of material to put
tariff in order after rejection or overturning
a rejection; or, filing of tariff data after
suspension, such as for domestic carriers and
controlled carriers, Requires “Special
Case Number”
T Terminal rates, charges or provisions or canal
tolls over which the carrier has no control
W Withdrawal of an erroneous filing on the same
filing date.
X Exemptions:
1. Controlled carrier data in U.S./bilateral
trades or in trades served exclusively by
controlled carrier; or,
2. Increase in domestic commerce. Not a
General Rate Increase or across-the-
board increase.
CONTAINER SIZE
————-
LTL Less Than Load 45 45FT 8’6″
20 20FT 45A 45FT 9’0″ High Cube
24 24FT 45B 45FT 9’6″ High Cube
35 35FT 45S 45FT 8’0″
40 40FT 8’6″ 45X 45FT Any Height
40A 40FT 9’0″ High Cube 48 48FT
40B 40FT 9’6″ High Cube 53 53FT
40S 40FT 8’0″ N/A Not Applicable
40X 40FT Any Height
42 42FT
43 43FT
CONTAINER TEMPERATURE
———————
AC Artificial Atmosphere Control
CLD Chilled
FRZ Frozen
HTD Heated
N/A Not Applicable/Not Operating
RE Refrigerated
VEN Ventilated
CONTAINER TYPE
————-
AC Atmosphere Control
DF Drop Frame
FB Flat Bed
FR Flat Rack
GC Garment Container
HH Half-Height
HT Hard Top
IN Insulated
N/A Non-Containerized Cargo/Not Applicable
OT Open Top
PC Dry
PL Platform
RE Reefer
TC Tank
TL Top Load
TR Trailer
VR Vehicle Rack
CURRENCY
——-
USD US Dollar
HAZARD CODE
———-
A IMO Stow Category A
B IMO Stow Category B
C IMO Stow Category C
D IMO Stow Category D
E IMO Stow Category E
HAZ Hazardous
NHZ Non-Hazardous
N/A Not Applicable
LENGTH, WIDTH, HEIGHT UNITS
—————————
FT Feet
M Meters
LOCATION TYPES
————–
C Country
G Group
P Port
S State
Y City
RATE BASIS
———-
W Weight
M Measure
WM Weight/Measure (whichever produces the greater
revenue)
LS Lump Sum
PC Per Container
AV Ad Valorem
EA Each (as defined)
MBF 1000 Board Feet
SHIPMENT SERVICE
—————-
B Barge
D Door
H House
M Motor
O Ocean Port
P Pier
R Rail Yard
S Container Station
T Terminal
U Rail Siding
X Team Tracks
Y Container Yard
VOLUME UNITS
————
CFT Cubic Feet
CBM Cubic Meter
WEIGHT UNITS
————
KGS Kilograms
KT Kiloton
LBS Pounds
ST Short Tons (2000 LBS)
LT Long Tons (2240 LBS)
Rule 30 ACCESS TO TARIFF INFORMATION
effective date = 26Feb2008
A) Tariff Subscription Fee, includes corrections,
supplements, amendments and/or reissues, is (See Note)
per year or part thereof.
Remittance must accompany all requests for initial copy
of tariff. Payment of subscription renewal is due each
January 1 for the ensuing calendar year. Copies may be
obtained from: MEGA SHIPPING AND FORWARDING LTD.
D/B/A MERIDIAN LINE
301 PENHORN AVENUE – SPACE 4
SECAUCUS, NJ 07094
FAX: 201-863-2324
NOTE: U.S. SUBSCRIPTION: $350.00
FOREIGN SUBSCRIPTION: $450.00
B) In the event that access to this tariff is not available
via the ATFI system due to a breakdown or similar disas-
ter, paper copies of the tariff information are avail-
able from the carrier listed above.
With regards to requests for emergency information,
all telecommunication costs, postage and disbursements
are for the account of the requesting party. All
requests for emergency information must be made in
writing to the carrier at the address listed above.
Rule 31 SEASONAL DISCONTINUANCE
effective date = 26Feb2008
NOT APPLICABLE
Rule 32 RESERVED
effective date = 26Feb2008
RESERVED
Rule 33 PROJECT RATES
effective date = 26Feb2008
NOT APPLICABLE
Rule 34 TERMINAL TARIFFS
effective date = 26Feb2008
NOT APPLICABLE
Rule 35 TARIFF TITLE PAGE
effective date = 26Feb2008
ALL INFORMATION CONTAINED WITHIN THIS TARIFF IS TRUE AND
ACCURATE AND NO UNLAWFUL ALTERATIONS WILL BE PERMITTED
————————————————————
MEGA SHIPPING AND FORWARDING LTD.
d/b/a:
MEGA SHIPPING AND FORWARDING LTD.
ORGANIZATION NUMBER: 014285
LOCATION OF TARIFF: http://rates.descartes.com
(A NON-VESSEL OPERATING COMMON CARRIER)
—————————————
155 WEST 46TH STREET, 7TH FLOOR
NEW YORK, NY 10036
TEL: 201-863-2800
FAX: 201-863-2324
OCEAN FREIGHT TARIFF NO. 002
NAMING
LOCAL AND THROUGH COMMODTIY RATES AND CHARGES
AND GOVERNING RULES AND REGULATIONS APPLYING THERETO
BETWEEN
PORTS AND POINTS IN THE U.S.A. AS SHOWN IN RULE 1
AND
WORLD PORTS AND POINTS AS SHOWN IN RULE 1
AND
INLAND POINTS VIA SUCH INTERCHANGE PORTS
————————————————————
FOR ACCESS TO TARIFF INFORMATION, SEE RULE 30
————————————————————
FOR LIST OF SYMBOLS AND ABBREVIATIONS, SEE RULE 28 AND 29
————————————————————
Rule 100 NOTICE OF APRIL 16, 2005 GENERAL RATE INCREASE
effective date = 26Feb2008
******GRI QUANTUM ADDED TO RATES APRIL 16, 2005*******
Unless otherwise indicated in individual rate items,
effective
April 16, 2005 a general rate increase (GRI) in the amounts
listed below is to be applied to all PC tariff rates for
cargo
from Turkey to the USA for rates on file as of March 17,
2005,
in effect on or before, but not expiring on or before April
15,
2005, without a future file as follows:
1) For all FCL IMPORT shipments from TURKEY to UNITED STATES
ports:
Via the following carriers: TURKON, P&O and HAPAG LINES:
GENERAL RATE INCREASE
Usd 412 / 20 foot container
Usd 515 / 40 foot container
Usd 515 / 40hc container
2) For all FCL IMPORT shipments from TURKEY to UNITED STATES
ports:
Via the following carrier: MAERSK LINE:
GENERAL RATE INCREASE
Usd 100 / 20 foot container
Usd 200 / 40 foot container
Usd 200 / 40hc container
Rule 100-A NOTICE OF OCTOBER 13, 2007 GENERAL RATE INCREASE
effective date = 26Feb2008
*******GRI QUANTUM ADDED TO RATES OCT 15, 2007********
Unless otherwise indicated in individual rate items,
effective
October 13, 2007 a general rate increase (GRI) in the
amounts
listed below is to be applied to all PC tariff rates for
cargo
from Turkey to the USA for rates on file as of September 13,
2007,
in effect on or before, but not expiring on or before
October 12,
2007, without a future file as follows:
1) For all FCL IMPORT shipments from TURKEY to UNITED STATES
ports:
Via the following carrier: TURKON LINES:
GENERAL RATE INCREASE
Usd 472 / 20 foot container
Usd 744 / 40 foot container
Usd 744 / 40hc container
2) For all FCL IMPORT shipments from Turkey to United States
ports:
Via the following carrier: MAERSK LINE:
GENERAL RATE INCREASE
Usd 400 / 20 foot container
Usd 600 / 40 foot container
Usd 600 / 40HC container
3) For all FCL Iport shipments from Turkey to United States
ports:
Via the following carrier: Mediterranean Shipping Lines
GENERAL RATE INCREASE
commodity: All commodities filed under MSC line
port of loading: Turkey
port of discharge: U.S.
$ 400.00/20′container
$ 600.00/40′container
$ 600.00/40′HC container
4) For all Freight All Kinds (1796-05-0500) FCL from Turkey
to
United States via Evergreen and Italia Maritima as
follows:
$350/20′DV
$500/40′DV
$500/40′HC
Origin Port: Istanbul, Izmir, Gemlik, Mersin
ports, Turkey
Port of Discharge: New York, Norfolk, Savannah, Miami
Final Destination: all import shipments terminating at
port or at inland destinations in
the U.S.
Steamship Line: Evergreen & Italia Marittima
commodity: Freight All Kinds (FAK)
5) For all FCL IMPORT shipments from TURKEY to UNITED
STATES ports:
Commodity: Jute(9925-10-0000), Packaging
Material(0435-00-1000),
Plastic Articles NOS (4761-10-5000), Home Textiles
(5890-21-0550),
Bathrobe & Towels (0440-20-5000)
Via the following carrier: MAERSK LINE:
Port of Loading: All ports ex Turkey listed via Maersk
Port of Discharge: All ports of arrival USA listed via
Maersk
Final Destination: All ports of discharge in the U.S. via
Maersk,
and/or inland destinations in the U.S. served by those ports
20′ $ 72.00/20′DV
40′ $144.00/40′DV
40′ $144.00/40′HC
Rule 101 NVOCC NEGOTIATED RATE ARRANGEMENTS (NRA)
effective date = 20Apr2011
As per Part 532 NVOCC NEGOTIATED RATE ARRANGEMENTS of the
CFR, Carrier has elected to utilize a combination of NVOCC
Negotiated Rate Arrangements (NRAs), and Open Tariff Rates.
DEFINITIONS:
————
An NVOCC Negotiated Rate Arrangement or NRA means a written
and binding arrangement between an NRA shipper and an
eligible NVOCC to provide specific transportation service
for a stated cargo quantity, from origin to destination, on
and after receipt of the cargo by the carrier or its agent
(or the originating carrier in the case of through
transportation).
Tariff Rate means a price stated in a tariff for providing a
specified level of transportation service for a stated cargo
quantity, from origin to destination, on and after a stated
effective date or within a defined time frame.
EXTENT OF ACTIVITY:
——————-
Carrier participates in NRA’s and utilizes Open Tariff
Rates. As required by Part 532.4 of the CFR, the governing
rule publication is available to the public at
http://rates.descartes.com, free of charge.
