Utrade INC
TARIFF NO. TBA
FMC Org. No.: TBA
Non-Vessel Operating Common Carrier
Effective Date: TBA
Published Date: TBA
Expiration Date: NONE
Controlled Carrier Status: NONE
TITLE PAGE
TARIFF NO. (TBA)
NRA Governing Rules Tariff
NAMING RULES AND REGULATIONS ON CARGO MOVING
IN CONTAINERS AND BREAKBULK
BETWEEN
U.S. PORTS AND POINTS
(AS SPECIFIED IN RULE 1)
AND
WORLD PORTS AND POINTS
(AS SPECIFIED IN RULE 1-A)
Utrade Logistics is an NVOCC Registered by the Federal Maritime Commission operating under FMC Org. No: TBA
NOTICE TO TARIFF USERS
Carrier has opted to be exempt from tariff publication requirements pursuant to 46 C.F.R. §515 and 520. In that respect Carrier has opted for exclusive use of Negotiated Rate Arrangements (“NRAs”).
NVOCC NRA means the written and binding arrangement between an NRA shipper or consignee and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).
Carrier may issue written quotations, booking confirmations, e-mail communications and other writings with applicable rates and charges for the shipments subject of the NRA, and shipper must provide the Carrier with a signed agreement, or send carrier a written communication, including an email, indicating acceptance of the NRA terms, or book a shipment after receiving the NRA terms from the Carrier.
NOTE: “THE SHIPPER’S BOOKING OF CARGO AFTER RECEIVING THE TERMS OF THIS NRA OR NRA AMENDMENT CONSTITUTES ACCEPTANCE OF THE RATES AND TERMS OF THIS NRA OR NRA AMENDMENT.”
The terms contained in the NRA writings shall be a valid offer for 30 days (or a date agreed to by the parties) from the booking date, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo.
Carrier’s or Carrier’s agent’s receipt of cargo for the shipment constitutes final acceptance by Shipper or Consignee of the NRA offer, and the terms of the NRA shall bind the parties
All applicable origin and destination local terminal and/or port charges shall be for the account of the cargo.
The NRA may be amended after the time the initial shipment is received by the NVOCC, but such changes may only apply prospectively to shipments not yet received by the NVOCC.
For any pass-through charge for which a specific amount is not included in the NRA or the rules tariff, the NVOCC may invoice the shipper for charges the NVOCC incurs, with no markup.
The NRA may list the additional surcharges or assessorial charges, including pass-through charges, or reference specific surcharges or assessorial charges in the NVOCC’s rules tariff.
PUBLISHED BY:
Utrade INC
1075 MOUNTAIN RD, MONCTON NB, E1G 4R3, Canada
EMAIL: info@utradelogistics.com
TEL: 1-514-500-8585
FAX: 1-718-504-0285
TARIFF DETAILS |
|
Tariff Number: |
TBA |
TARIFF TITLE: |
NRA GOVERNING RULES TARIFF |
EFFECTIVE: |
TBA |
THRU: |
None |
EXPIRES: |
None |
PUBLISH: |
TBA |
AMENDMENT TYPE: |
O |
ORIGINAL ISSUE |
TBA |
WEIGHT RATING: |
000KS |
VOLUME RATING: |
1CBM |
TARIFF TYPE: |
GOVERNING NRA RULES TARIFF |
CERTIFICATION: |
ALL INFORMATION CONTAINED IN THIS TARIFF IS TRUE, ACCURATE AND NO UNLAWFULALTERATIONS ARE PERMITTED. |
ORGANIZATION INFORMATION |
|
NUMBER: |
TBA |
NAME: |
Utrade INC |
TRADE NAME: |
Utrade logistics |
TYPE: |
NON-VESSEL OPERATING COMMON CARRIER |
HDQ. COUNTRY: |
Canada |
HOME OFFICE: |
Canada |
PHONE: |
1-514-500-8585 |
FAX: |
1-718-504-0285 |
EMAIL: |
Info@utradelogistics.com |
Rules and regulations published herein apply between United States Atlantic, Gulf, Pacific and Great Lakes Ports, U.S. Territories and Possessions, U.S. Inland Points and Worldwide Ports and Points as specified in Rule 1.A of this tariff:
U.S. ATLANTIC BASE PORTS (ACBP)
Baltimore, MD
Boston, MA
Chester, PA
Charleston, SC
Jacksonville, FL
Miami, FL
New York, NY
Newark, NJ
Norfolk VA
Philadelphia, PA
Savannah, GA
Wilmington, NC
U.S. GULF COAST BASE PORTS: (GCBP)
Houston, TX
Galveston, TX
New Orleans, LA
Tampa, FL
Mobile, AL
U.S. PACIFIC COAST BASE PORTS: (PCBP)
Port Hueneme, CA
Los Angeles, CA
Long Beach, CA
Oakland, CA
San Francisco, CA
Portland, OR
Seattle, WA
Tacoma, WA
GREAT LAKES BASE PORTS
Includes Chicago, IL
SUBSTITUTED SERVICE AND INTERMODAL SERVICE
This provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the port originally intended.
Carrier will provide through intermodal service via all combinations of air, barge, motor and rail service.
Intermodal Rates will be shown as single-factor through rates as specified in individual NRAs. Carrier’s liability will be determined in accordance with the provisions indicated in their Bill of Lading (Rule 8 herein). Intermodal rates will apply via US Atlantic, Gulf or Pacific Coast Base Ports as specified in the individual NRA of this tariff. Intermodal rates will apply from locations specified in rule 1-B.
AFGHANISTAN | ALBANIA | ALGERIA | AMERICAN SAMOA | ANDORRA | ANGOLA |
ANGUILLA | ANTARCTICA | ANTIGUA AND BARBUDA | ARGENTINA | ARUBA | ASHMORE AND CARTIER ISLANDS |
AUSTRALIA | AUSTRIA | BAHAMAS THE | BAHRAIN | BAKER ISLAND | BANGLADESH |
BARBADOS | BASSAS DA INDIA | BELGIUM | BELIZE | BENIN | BERMUDA |
BHUTAN | BOLIVIA | BOTSWANA | BOUVET ISLAND | BRAZIL | BRITISH VIRGIN ISLANDS |
BRUNEI | BULGARIA | BURKINA | BURMA | BURUNDI | CAMBODIA |
CAMEROON | CANADA | CAPE VERDE | CAYMAN ISLANDS | CENTRAL AFRICAN REPUBLIC | CHAD |
CHILE | CHINA | CHRISTMAS ISLAND | CLIPPERTON ISLAND | COCOS (KEELING) ISLANDS | COLOMBIA |
COMOROS | CONGO | COOK ISLANDS | CORAL SEA ISLANDS | COSTA RICA | CUBA |
CYPRUS | CZECHOSLOVAKIA | DENMARK | DJIBOUTI | DOMINICA | DOMINICAN REPUBLIC |
ECUADOR | EGYPT | EL SALVADOR | EQUATORIAL GUINEA | ERITREA | ESTONIA |
ETHIOPIA | EUROPA ISLAND | FALKLAND ISLANDS (ISLAS MALVIN) | FAROE ISLANDS | FEDERATED STATES OF MICRONESIA | FIJI |
FINLAND | FRANCE | FRENCH GUIANA | FRENCH POLYNESIA | FRENCH SOUTHERN AND ANTARCTIC | GABON |
GAMBIA THE | GAZA STRIP | GEORGIA | GERMANY | GHANA | GIBRALTAR |
GLORIOSO ISLANDS | GREECE | GREENLAND | GRENADA | GUADALOUPE | GUAM |
GUATEMALA | GUERNSEY | GUINEA | GUINEA BISSAU | GUYANA | HAITI |
HEARD ISLAND AND MCDONALD ISLA | HONDURAS | HONG KONG | HOWLAND ISLAND | HUNGARY | ICELAND |
INDIA | INDONESIA | IRAN | IRAQ | IRELAND | ISRAEL |
ITALY | IVORY COAST | JAMAICA | JAN MAYEN | JAPAN | JARVIS ISLAND |
JERSEY | JOHNSTON ATOLL | JORDAN | JUAN DE NOVA ISLAND | KENYA | KINGMAN REEF |
KIRIBATI | KOREA DEMOCRATIC PEOPLES REP | KOREA REPUBLIC OF | KUWAIT | LAOS | LEBANON |
LESOTHO | LIBERIA | LIBYA | LIECHTENSTEIN | LUXEMBOURG | MACAU |
MADAGASCAR | MALAWI | MALAYSIA | MALDIVES | MALI | MALTA |
ST KITTS AND NEVIS | ST LUCIA | ST PIERRE AND MIQUELON | ST VINCENT AND THE GRENADINES | SUDAN | SURINAME |
SVALBARD | SWAZILAND | SWEDEN | SWITZERLAND | SYRIA | TAIWAN |
TANZANIA UNITED REPUBLIC OF | THAILAND | TOGO | TOKELAU | TONGA | TRINIDAD AND TOBAGO |
TROMELIN ISLAND | TRUST TERRITORY OF THE PACIFIC | TUNISIA | TURKEY | TURKS AND CAICOS ISLANDS | TUVALU |
UGANDA | UNION OF SOVIET SOCIALIST REPU | UNITED ARAB EMIRATES | UNITED KINGDOM | URUGUAY | USA |
VANUATU | VATICAN CITY | VENEZUELA | VIETNAM | VIRGIN ISLANDS | WAKE ISLAND |
WALLIS AND FUTUNA | WEST BANK | WESTERN SAHARA | WESTERN SAMOA | YEMEN | YUGOSLAVIA |
ZAIRE | ZAMBIA | ZIMBABWE |
Intermodal through rates applies between points in the U.S. and worldwide destinations.
All applicable origin and destination local terminal and/or port charges shall be for the account of the cargo.
NRAs (Negotiated Rate Arrangements) are stated in terms of U.S. Currency and/or local currencies as applicable. They apply per:
NRAs and other charges are based on the actual gross weight and/or overall measurement of each package unless otherwise agreed.
NRAs indicated as W/M or WM offer an optional weight or measurement rate, and the rate yielding greater revenue is applied.
NRAs from inland points beyond port terminal areas are shown as single-factor through NRAs. Unless agreed otherwise, they include all transport-related charges except:
Carriers may arrange inland transport as an agent for the shipper or consignee. Associated costs are billed to the cargo. Overland carriers are chosen based on availability and efficiency.
The carrier is not obligated to transport goods by a specific container, vessel, train, or transport mode, nor guarantee a particular market timeline. The selection of transport is at the sole discretion of the ocean carrier.
The carrier reserves the right to cancel any booking or contract due to war, hostilities, natural disasters, embargoes, blockades, strikes, government regulations, or any other disruptions affecting operations.
Advanced charges on bills of lading are accepted if they do not exceed the freight amount and do not cover cargo costs or ocean freight. They must relate only to transport and handling expenses.
When the Ocean Carrier discharges cargo at a terminal port other than the port named in the ocean bill of lading, the ocean carrier may arrange, at its option, for movement via rail, truck or water, of the shipment from the port of actual discharge only as indicated hereunder:
NOTE: In the event of cargo being discharged at carrier’s convenience at a port other than the port of destination named in the bill of lading, the NRA applicable to the port of destination named in the bill of lading shall be assessed. In no event shall any such transfer or arrangements under which it is performed by such as to result directly or indirectly in any lessening or would have borne had the shipment cleared through the port originally intended.
When mixed shipments contain commodities subject to different rates named in an NRA governed by this Tariff, the separate rate applicable for each commodity will be assessed, subject to the highest minimum quantity provided for any commodity in the shipment.
Where rules or NRAs make reference to capacity of containers, the standard capacity for purpose of freight rating shall be as indicated in each individual NRA. NOTE 1: The combined weight of shipper-loaded cargo and containers with chassis and tractor shall not exceed the over-the-road weight limitation in various States of the U.S.A.
In lieu of the carrier furnished containers, shippers may offer cargo for ocean transportation in shipper furnished containers subject to the following provisions:
Tariff reference to “W” and “M” signify 1,000 kilos and 1 cubic meter respectively. Whenever freight charges are assessed on a W/M “weight or measurement” basis or where rates are provided on both a “W” and “M” basis, the freight charges will be computed on the gross weight or the overall measurement of the pieces or packages, whichever computation produces the greater revenue to the Carrier.
Shipper/Consignee for CY origin shipments shall be jointly severally and absolutely liable for any fine, penalty or other sanction imposed upon carrier, its agent motor/rail carrier by authority for exceeding lawful over-the-weight limitations in connection with any transportation services provided under this tariff and occasioned by any act of commission or omission of the shipper/consignee, its agent or contractors, and without regard to intent, negligence or any other factor. When carrier pays any such fine or penalty and assumes any other cost or burden, arising from such an event, it shall be on behalf of and for benefit of the cargo interest and carrier shall be entitled to full reimbursement therefore upon presentation of an appropriate invoice. Nothing in this rule shall require carrier, its agents or motor/rail carrier to resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction and carrier shall not have any liability to the cargo interest should it not do so. Any charges incurred in re-handling cargo to comply with maximum weight restrictions will be for the account of the cargo. The party responsible (i.e., merchant, the shipper or the consignee) for the shipment exceeding any lawful weight limitation shall indemnify and hold the ocean carrier transporting the shipment, its agents and the motor/rail carrier(s), harmless from any and all damages or liability from claims by whomever brought arising in whole or in part from the shipment exceeding any lawful weight limitation. Such indemnification shall include attorneys’ fees and all costs incurred in the defense of such claim(s).
When containers are loaded and sealed by shipper, carrier or its authorized agent will accept same as “Shipper’s load and count” and the Bill of Lading shall be so noted, and:
No container will be accepted for shipment if the weight of the contents thereof exceeds the weight carrying capacity of the container.
Carrier will not be directly or indirectly responsible for:
1) Damage resulting from improper loading or mixing of articles in containers, or shipper’s use of unsuitable or inadequate protective and securing materials when loading to open-side flat-rack type containers.
2) Any discrepancy in count or concealed damage to articles.
Except as otherwise noted, shipments destined to more than one port of discharge may not be loaded by the shipper into the same container.
Except as otherwise provided, materials, including special fittings, and labor required for securing and properly stowing cargo in containers moving in CY service, including but not limited to lashing, bulkheads, cross members, platforms, dunnage and the like must be supplied by shippers at their expense and the carrier shall not be responsible for such materials nor their return after use. The carrier shall not be liable in any event for any claim for loss or damage to the cargo arising out of improper or inadequate mixing, stuffing, tallying or bracing of cargo within the container.
A request for diversion of a shipment will be considered as an amendment to the contract of carriage and will be subject to the following definitions, conditions and charges:
Definition of Diversion:
Any change in the original billed destination (which may also include a change in Consignee, order party, or both).
A change in Consignee, order party or both will not be considered as diversion of cargo.
Conditions:
Security Fees may be applicable on shipments and identified in each individual NRA.
Except as otherwise provided, the following articles will not be accepted for transportation:
Unless otherwise provided herein, any item described as “Freight All Kinds” shall consist of a minimum of two different commodity items. Further restrictions to the item shall be contained in the NRA.
Different levels of Service may be offered by the Carrier. Unless otherwise specified in the individual NRA, NRAs are applicable for Regular Service.
Carrier requires complete and accurate Automated Export System / Shippers Letter of Instructions no later than 48 hours prior to port cut-off date. U.S. Customs and Border Protection (CBP) may impose penalties for failure to comply with the U.S. Bureau of Census, Mandatory Automated Commercial Environment (ACE) regulations. Description of commodities shall be uniform on all copies of the B/L and MUST be in conformity with a validated U.S. Export Declaration, EEI (Electronic Export Information) filings to the U.S. Customs via ACE, and/or Consular Documents covering the shipment. The Carrier may verify the B/L description with any of the above shipping documents or information to insure accuracy. Amendments or corrections in the commodity description will be accepted ONLY if validated by U.S. Customs and in conformity with all other shipping documents. If shipments are NOT covered by a Shipper’s Export Declaration, as permitted by Export Control Regulations, Shippers MUST insert the applicable commodity Schedule B number in the Line Copy of the B/L.
Document fees are considered origin and destination local charges and shall be for the account of the cargo
If applicable, all AMS filing fees for shipments will be provided in individual Negotiated Rate Arrangements NRA’s. Except as otherwise specifically provided in individual NRAs, all Shipments are subject to the U.S. Manifest processing Fee specified below in addition to all other applicable charges named herein: $55.00 per B/L If a correction and/or amendment is made to data that has already been filed with the U.S. Customs thru the AMS system, an applicable correction/amendment charge (in addition to all other applicable charges) will be assessed by the vessel carrier and the NVOCC carrier named in this Rules tariff.
If Carrier is assessed a civil penalty or fine or is denied permission to unload cargo, because of the failure of any and all shippers, consignees, cargo owners, NVOCCs, shippers’ associations and their agent(s) to provide the information required by this rule and/or by the regulations or guidelines of the U.S. Customs Service in a complete and accurate manner, then such shippers, consignees, cargo owners, NVOCCs, shippers’ associations and their agent(s)shall be jointly and severally liable to indemnify and reimburse Carrier for any such penalty or fine and any and all costs, damages or liability, direct, indirect, special or consequential, incurred by the Carrier as a result of the denial of permission to unload cargo or any delays related thereto. Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due hereunder, Carrier shall be entitled to recover all costs (including attorneys’ fees) incurred in connection with such legal action.
Shippers must comply with all customs and consular regulations. Any fine or penalty imposed by government authorities for failure to comply with customs or consular regulations shall be at the expense of shipment, or merchant. Goods which are not cleared through customs for any reason may be cleared by Carrier at the expense of the shipment or merchant and may be warehoused at the risk and expense of the shipment or merchant or may be turned over to the Customs authorities without any further responsibility on the part of the Carrier. NRAs are not inclusive of U.S. Customs related charges, such as, but not limited to, Customs clearance assessments, USDA/FDA/US customs examination, X-ray, insurance, storage, forwarding charges, drayage, demurrage, bonded warehousing, formal customs entry, if required, or tax and duties. Any such accrued U.S. Customs related charges shall be at the expense of the shipment, cargo or merchant.
The Carrier shall have a general lien on any and all property (and documents relating thereto) of the Merchant (shipper, consignee, consignee, exporter, importer, the holder of the Bill of Lading and/or the receiver or the owner of the Goods, any person entitled to possession of the Goods, any Person having a present or future interest in the Goods or any Person acting on behalf of any of the above-mentioned Persons, including a Factor or Lender) in its possession, custody or control or in route, for all claims for charges, expenses or advances incurred by the Carrier in connection with any shipments of the Merchant and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Carrier may sell at public auction or private sale, upon ten (10) days written notice (counting from sending of the notice) by registered mail to the Merchant, the Goods, wares and/or merchandise or so much necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due the Carrier. Any surplus from such sale shall be transmitted to the Merchant, and the Merchant shall be liable for any deficiency in the sales.
Carrier will require complete and accurate shipping instructions by the “Document Due by Date” mentioned on the NRA, Booking Confirmation / Rate Confirmation document. If not received by the “Document Due by Date”, cargo will be rolled/postponed to the next available vessel and all costs associated with the postponement (handling, storage, demurrage, etc.) will be billed to the Shippers/Owners Account.
The term “Demurrage” indicates a daily charge assessed to the shipper/consignee for the use of space, the occupation of land at marine terminals and/or services provided at the carrier’s load/discharge port, rail ramp or inland container yard (CY) facility when the cargo remains in or on carrier’s containers, tanks or trailers and/or such facilities beyond the permitted free-time as stipulated per tariff or contract of the vessel operator or the marine terminal after the expiration of free time. The term “Detention” (includes Tank Demurrage) indicates a charge for the use of equipment. The term “Free time” indicates the grace period for which neither of these charges will be incurred. Any charges for storage, detention or demurrage of freight or containers, as a result of being in excess of the free time prescribed or agreements, assessed by vessel operators on whose vessel cargo is/was transported or terminal operator at origin point or port or destination point or port due to some default or oversight of shipper or consignee or holder of bill of lading is for the account of such shipper, consignee or holder of a relevant bill of lading (“holder”). The “Merchant” as defined by the carrier’s bill of lading and shipper, consignee, holder hereof, and owner of the goods shall be jointly and severally liable to Carrier for the payment of all detention, demurrage or storage charges before, during and after the carriage of the cargo.
The rules and charges applicable to a given shipment must be those in an NRA and in effect when the cargo is received by the ocean carrier or its agent (including originating carriers in the case of NRAs for through transportation). A shipment shall not be considered as “received” until the full bill of lading quantity has been received.
All applicable chargers for heavy and empty lift shipments will be provided in individual Negotiated Rate Arrangements (NRAs) and shall be for the account of the cargo.
Not Applicable.
Any applicable bill of lading charge shall be for the account of the cargo and may be included in the individual NRA, if any.
A copy of Carrier’s bill of lading Terms and Conditions are provided herein:
Standard conditions(1992) governing the FIATA MULTIMODAL TRANSPORT BILL OF LADING
Definitions
– “Freight Forwarder” means the Multimodal Transport Operator who issues this FBL and is named on the face of it and assumes liability for the performance of the multimodal transport contract as a carrier.
– “Merchant” means and includes the Shipper, the Consignor, the Consignee, the Holder of this FBL, the Receiver and the Owner of the Goods.
– “Consignor” means the person who concludes the multimodal transport contract with the Freight forwarder.
– “Consignee” means the person entitled to receive the goods from the Freight Forwarder.
– “Taken in charge” means that the goods have been handed over to and accepted for carriage by the Freight Forwarder at the place of receipt evidenced in this FBL.
– “Goods” means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Freight Forwarder, irrespective of whether such property is to be or is carried on or under deck.
Notwithstanding the heading – FIATA Multimodal Transport Bill of Lading (FBL)- these conditions shall also apply if only one mode of transport is used.
2.1. By issuance of this FBL, the Freight Forwarder
2.2. Subject to the conditions of this FBL, the Freight Forwarder shall be responsible for the acts and omissions of his servants or agents acting within the scope of their employment, or any other person of whose services he makes use for the performance of the contract evidenced by this FBL, as if such acts and omissions were his own.
3.1. This FBL is issued in a negotiable form unless it is marked “non negotiable”. It shall constitute title to the goods and the holder, by endorsement of this FBL, shall be entitled to receive or to transfer the goods herein mentioned.
3.2. The information in this FBL shall be prima facie evidence of the taking in charge by the Freight Forwarder of the goods as described by such information unless a contrary indication, such as “shipper’s weight, load and count”, “shipper-packed container” or similar expressions, has been made in the printed text or superimposed on this FBL. However, proof to the contrary shall not be admissible when the FBL has been transferred to the consignee for valuable consideration who in good faith has relied and acted thereon.
4.1. The Merchant shall comply with rules which are mandatory according to the national law or by reason of International Convention, relating to the carriage of goods of a dangerous nature, and shall in any case inform the Freight Forwarder in writing of the exact nature of the danger, before goods of a dangerous nature are taken in charge by the Freight Forwarder and indicate to him, if need be, the precautions to be taken.
4.2. If the Merchants fails to provide such information and the Freight Forwarder is unaware of the dangerous nature of the goods and the necessary precautions to be taken and if, at any time, they are deemed to be hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation. The Merchant shall indemnify the Freight Forwarder against all loss, damage, liability, or expense arising out of their being taken in charge, or their carriage, or of any service incidental there to. The burden of proving that the Freight Forwarder knew the exact nature of the danger constituted by the carriage of the said goods shall rest on the Merchant.
4.3. If any goods shall become a danger to life or property, they may in like manner be unloaded or landed at any place or destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the Freight Forwarder, he shall have no liability and the Merchant shall indemnity him against all loss, damage, liability and expense arising therefrom.
5.1. The Consignor shall be deemed to have guaranteed to the Freight Forwarder the accuracy, at the time the goods were taken in charge by the Freight Forwarder, of all particulars relating to the general nature of the goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the goods, as furnished by him or on his behalf for insertion on the FBL. The Consignor shall indemnify the Freight Forwarder against all loss, damage and expense resulting from any inaccuracy or inadequacy of such particulars. The consignor shall remain liable even if the FBL has been transferred by him. The right of the Freight Forwarder to such an indemnity shall in no way limit his liability under this FBL to any person other than the Consignor.
5.2. The Freight Forwarder shall not be liable for any loss, damage or expense caused by defective or insufficient packing of goods or by inadequate loading or packing within containers or other transport units when such loading or packing has been performed by the Merchant or on his behalf by a person other than the Freight Forwarder, or by the defect or unsuitability of the containers or other transport units supplied by the Merchant, or if supplied by the Freight Forwarder if a defect or unsuitability of the container or other transport unit would have been apparent upon reasonable inspection by the Merchant. The Merchant shall indemnify the Freight Forwarder against all loss, liability and expense so caused.
6.1. The responsibility of the Freight forwarder for the goods under these conditions covers the period from the time the Freight Forwarder has taken the goods in his charge to the time of their delivery.
6.2. The Freight Forwarder shall be liable for loss of or damage to the goods as well as for delay in delivery if the occurrence which cause the loss, damage or delay in delivery took place while the goods were in his charge as defined in Clause2.1.a unless the Freight Forwarder proves that no fault or neglect of his own, his servants or agents or any other person referred to in Clause 2.2 has caused or contributed to such loss, damage or delay. However, the Freight Forwarder shall only be liable for loss following from delay in delivery if the Consignor has made a declaration of interest in timely delivery which has been accepted by the Freight Forwarder and stated in this FBL.
6.3. Arrival times are not guaranteed by the Freight Forwarder. However, delay in delivery occurs when the goods have not been delivered within the time expressly agreed upon or, in the absence of such agreement, within the time which would be reasonable to require of a diligent Freight Forwarder, having regard to the circumstances of the case.
6.4. If the goods have not been delivered within ninety consecutive days following such date of delivery as determined in Clause 6.3., the claimant may, in the absence of evidence to the contrary, treats the goods as lost.
6.5. When the Freight Forwarder establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more causes or events, specified in a-e of the present clause, it shall be presumed that it was so caused, always provided, however, that the claimant shall be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events:
6.6 Defense for carriage by sea or inland waterways
Notwithstanding Clauses6.2, 6.3 and 6.4, the Freight Forwarder shall not be liable for loss, damage or delay in delivery with respect to goods earned by sea or inland waterways when such loss, damage or delay during such carriage has been caused by;
7.1. These conditions shall only take effect to the extent that they are not contrary to the mandatory provisions of International Conventions or national law applicable to the contract evidenced by this FBL
7.2. The Hague Rules contained in the International Convention for the unification of certain rules relating to Bills of Lading, dated Brussels 25th August 1924, or in those countries where there are already in force the Haugue-Visby Rules contained in the Protocol of Brussels, dated 23rd February 1968, as enacted in the Country of Shipment, shall apply to all carriage of goods by sea and also to the carriage of goods by inland waterways, and such provisions shall apply to all goods whether carried on deck or under deck.
8.1. Assessment of compensation for loss of or damage to the goods shall be made by reference to the value of such goods at the place and time they are delivered to the consignee or at the place and time when, in accordance with this FBL, they should have been so delivered.
8.2. The value of the goods shall be determined according to the current commodity exchange price or, if there is no such price, according to the current market price or, if there is no such prices, by reference to the normal value of goods of the same name and quality.
8.3. Subject to the provisions of subclauses 8.4. to 8.9. inclusive, the Freight Forwarder shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding the equivalent of 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the goods lost or damaged, whichever is higher, unless the nature and value of the goods shall have been declared by the Consignor and accepted by the Freight Forwarder before the goods have been taken in his charge, or the ad valorem freight rate paid, and such value is stated in the FBL by him, then such declared value shall be the limit.
8.4. Where a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or other shipping units enumerated in the FBL as packed in such article of transport are deemed packages or shipping units. Except as aforesaid, such article of transport shall be considered the package or unit.
8.5. Notwithstanding the above-mentioned provisions, if the multimodal transport does not, according to the contract, include carriage of goods by sea or by inland waterways, the liability of the Freight Forwarder shall be limited to an amount not exceeding 8.33 SDR per kilogram of gross weight of the goods lost or damaged.
8.6.
8.7. If the Freight Forwarder is liable in respect of loss following from delay in delivery, or consequential loss or damage other than loss of or damage to the goods, the liability of the Freight Forwarder shall be limited to an amount not exceeding the equivalent of twice the Freight under the multimodal contract for the multimodal transport under this FBL.
8.8. The aggregate liability of Freight Forwarder shall not exceed the limits of liability for total loss of the goods.
8.9. The Freight Forwarder is not entitled to the benefit of the limitation of liability if it is proved that the loss, damage or delay in delivery resulted from a personal act or omission of the Freight forwarder done with the intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay would probably result.
These conditions apply to all claims against the Freight Forwarder relating to the performance of the contract evidenced by this FBL, whether the claim be founded in contract or in tort.
10.1. These conditions apply whenever claims relating to the performance of the contract evidenced by this FBL are made against any servants, agent, or other person (including any independent contractor) whose services have been used in order to perform the contract, whether such claims are founded in contract or in tort, and the aggregate liability of the Freight Forwarder and of such servants, agents or other persons shall not exceed the limits in clause 8.
10.2. In entering into this contract as evidenced by this FBL, the Freight Forwarder, to the extent of these provisions, does not only act on his own behalf, but also as agent or trustee for such persons, and such persons shall to this extent be or be deemed to be parties to this contract.
10.3. However, if it is proved that the loss of or such loss or damage to the goods resulted from a personal act or omission of such a person referred to in Clause 10.1., done with intent to cause damage, or recklessly and with knowledge that damage would probably result, such person shall not be entitled to benefit of limitation of liability provided for in Clause 8.
10.4. The aggregate of the amounts recoverable from the Freight Forwarder and the persons referred to in Clause 2.2. and 10.1. shall not exceed the limits provided for in these conditions.
Without notice to the Merchant, the Freight Forwarder has the liberty to carry the goods on or under deck and to choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the goods.
12.1. Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the Consignee or his agent in accordance with this FBL, or when the goods have been handed over to any authority or other party to whom, pursuant to the law or regulation applicable at the place of delivery, the goods must be handed over, or such other place at which the Freight Forwarder is entitled to call upon the Merchant to take delivery.
12.2. The Freight Forwarder shall also be entitled to store the goods at the sole risk of the Merchant, and the Freight Forwarder’s liability shall cease, and the cost of such storage shall be paid, upon demand, by the Merchant to the Freight Forwarder.
12.3. If at any time the carriage under this FBL is or is likely to be affected by any hindrance or risk of any kind (including the condition of the goods) not arising from any fault or neglect of the Freight Forwarder or a person referred to in Clause 2.2. and which cannot be avoided by the exercise of reasonable endeavors the Freight Forwarder may;
13.1. Freight shall be paid in cash, without any deduction or deferment on account of any claim, counter-claim or set-off, whether prepaid or payable at destination.
13.2. Freight and all other amounts mentioned in this FBL are to be paid the currency named in this FBL or, at the Freight Forwarder’s option, in the currency of the country of dispatch or destination at the highest rate of exchange for banker’s sight bills current for prepaid freight on the day of dispatch and for freight payable at destination on the day when the Merchant is notified on arrival of the goods there or on the date of withdrawal of the delivery order, whichever rate is the higher, or at the option of the Freight Forwarder on the date of this FBL.
13.3. All dues, taxes and charges or other expenses in connection with the goods shall be paid by the Merchant.
13.4. The Merchant shall reimburse the Freight Forwarder in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs whatever nature caused by war, warlike operations, epidemics, strikes, government directions or force majeure.
13.5. The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurements or value of the goods but the Freight Forwarder has the liberty to have the contents inspected and the weight, measurements or value verified. If on such inspection it is found that the declaration is not correct it is agreed that a sum equal either to five times the difference between the correct figure and the freight charged, or to double the correct freight less the freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Freight Forwarder for his inspection costs and losses of freight on other goods notwithstanding any other sum having been stated on this FBL as freight payable.
13.6. Despite the acceptance by the Freight Forwarder of instructions to collect freight, charges or other expenses from any other person in respect of the transport under this FBL, the Merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason.
The Freight Forwarder shall have a lien on the goods and any documents relating thereto for any amount due at any time to the Freight Forwarder from the Merchant including storage fees and the cost of recovering same, and may enforce such lien in any reasonable manner which he may think fit.
The Merchant shall indemnify the Freight Forwarder in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the Freight Forwarder in this connection.
16.1. Unless notice of loss of or damage to the goods, specifying the general nature of such loss or damage, is given in written by the consignee to the Freight Forwarder when the goods are delivered to the consignee in accordance with clause 12, such handling over is prima facie evidence of the delivery by the Freight Forwarder of the goods as described in this FBL.
16.2. Where the loss or damage is not apparent, the same prima facie effects shall apply if notice in writing is not given within 6 consecutive days after the day when the goods were delivered to the consignee in accordance with clause 12.
The Freight Forwarder shall, unless otherwise expressly agreed, be discharged of all liability under these conditions unless suit is brought within 9 months after the delivery of the goods, or the date when the goods should have been delivered, or the date when in accordance with clause 6.4. failure to deliver the goods would give the consignee the right to treat the goods as lost.
If any clause or a part thereof is held to be invalid, the validity of this FBL and the remaining clauses or a part thereof shall not be affected.
Actions against the Freight Forwarder may be instituted only in the place where the Freight Forwarder has his place of business as stated on the reverse of this FBL and shall be decided according to the law of the country in which that place of business is situated.
Carrier may pay compensation as negotiated in the individual NRA on the applicable ocean freight charges to base ports, on cargo loaded, including heavy lift and extra length revenue, but excluding all other charges, except as provided below, subject to the following conditions and exceptions.
All surcharges applicable to shipments are provided in individual Negotiated Rate Arrangements NRA’s.
Carrier may charge minimum quantity rates in each individual NRA.
Transshipments are allowed pursuant to the Carrier’s bill of lading Terms and Conditions, Clause 4 referenced herein in Rule 8.
Definition: Pursuant to 46 CFR §520.2, “Co-Loading” means the combining of cargo by two or more NVOCCs for tendering to an ocean common carrier under the name of one or more of the NVOCCs.
Not Applicable.
Except as otherwise provided in paragraph below, hazardous, explosive, flammable or dangerous cargo, as defined in the publications named below, will be accepted by the Carrier for transportation under the rules, charges and rates named in NRAs governed by this Tariff:
Any charges for storage, detention or demurrage of freight or containers, as a result of being in excess of the free time prescribed in ocean carrier’s tariffs or agreements, assessed by vessel operators on whose vessel cargo is/was transported or terminal operator at origin point or port or destination point or port due to some default or oversight of shipper or consignee or holder of bill of lading will be for the account of the cargo without in any way affecting the liability of the carrier for the condition of cargo.
Merchant shall be liable for return freight and charges on the goods if they are refused export or import by any government or for any other reason whatsoever.
Shipper or Consignee requests or complaints (including request for adjustment in NRAs, tariff interpretation), must be made in writing and addressed to the carrier as shown on the Title Page and/or Tariff Record.
In cases of claims by shipper or consignee of overcharge in weight certified invoice or weight certificate to be considered evidence of proper weight. Written claims for adjustment will be acknowledged by the carrier within twenty (20) days of receipt by written notice to the claimant of the tariff provisions actually applied and the claimant’s rights under the Shipping Act of 1984. Claims seeking the refund of freight overcharges may be filed in the form of a complaint with the Federal Maritime Commission, Washington, D.C, 20573, within three years of the date of cause of action occurs.
Carrier does not own or lease equipment. When equipment is provided to shippers and/or consignees by Vessel Operating Common Carriers (VOCCs) the VOCC, either directly or via the carrier, provisions and charges will be for the account of the cargo.
Not Applicable.
Carrier does not operate terminals at origin or destination. Except as otherwise provided in the individual NRA all shipments that are subject to origin, destination, terminal, local or foreign charges shall be for the account of the cargo.
In destination countries where DTHC are required to be prepaid, Carrier shall require the same prior to shipment.
Bonding of NVOCC
Carrier has furnished the Federal Maritime Commission a bond in the amount required by 46 CFR §§ 515, 520 to ensure the financial responsibility of Carrier for the payment of any judgment for damages or settlement arising from its transportation related activities or order for reparations issued pursuant to Section 19 of the Shipping Act, 1984 or penalty assessed pursuant to Section 11 of the Act.
Bond No. (TBA)
Issued by: United States Fire Insurance Company
Legal agent for service of process, including subpoenas Utrade INC., Address: 1075 MOUNTAIN RD, MONCTON NB, E1G 4R3, Canada
In any instance in which the designated agent cannot be served because of death, disability or unavailability, the Commission’s Secretary will be deemed to be legal agent for service of process.
Service of administrative process, other hand subpoenas, may be affected upon the Carrier by mailing a copy of the documents to be served by certified or registered mail, return receipt requested.
If the shipper or a member of a shipper’s association tendering cargo to the Carrier is identified as an NVOCC, the carrier shall obtain documentation that the NVOCC has a tariff and a bond on file with the US Federal Maritime Commission as required by Sections 8 and 19 of the Shipping Acts of 1984 and 1998 before the Carrier accepts or transports cargo for the account of the NVOCC. A copy of the tariff rule published by the NVOCC and in effect under 46 CFR §§ 515 and 520 will be accepted by the Carrier as documenting the NVOCC’s compliance with the FMC tariff and bonding requirements of the Acts.
Not Applicable.
EXPLANATION OF ABBREVIATIONS
Ad Val: Ad Valorem
AI: All Inclusive
BF: Board Foot or Board Feet
B/L: Bill of Lading
BAF: Bunker Adjustment Factor
BM: Board Measurement
C: Change in tariff Item
CAF: Currency Adjustment Factor
CBM, CM or M3: Cubic Meter
CC: Cubic Centimeter
CFS: Container Freight Station
CFT: Cubic Foot or Cubic Feet
CLD: Chilled
CM: Centimeter
CU: Cubic
CWT: Cubic Weight
CY: Container Yard
D: Door
DDC: Destination Delivery Charge
E: Expiration
ET: Essential Terms
Etc: Et Cetera
FAK: Freight All Kinds
FAS: Free Alongside Ship
FB: Flat Bed
FCL: Full Container Load
FEU: Forty Foot Equivalent Unit
FI: Free In
FIO: Free In and Out
FIOS: Free In, Out and Stowed
FO: Free Out
FOB: Free On Board
FMC: Federal Maritime Commission
FR: Flat Rack
Ft: Feet or Foot
GOH: Garment on Hanger
H: House
HAZ: Hazardous
I: New or Initial Tariff Matter
K: Knocked Down
KDF: Knocked Down Flat
Kilos: Kilograms
K: Kilo Ton
LCL: LTL Less than Container Load
LS: Lumpsum
L: Long Ton (2240 Lbs)
M: Measure
Max: Maximum
MBF: MBM 1,000 Feet Board Measure
Min: Minimum
MM: Millimeter
MQC: Minimum Quantity Commitment
N: Not Applicable
NRA: Negotiated Rate Arrangements
NSA: NVOCC Service Arrangements
NHZ: Non-Hazardous
NOS: Not otherwise specified
OT: Open Top
P: Pier
Pkg: Package or Packages
PRC: People’s Republic of China
PRVI: Puerto Rico and U.S. Virgin Islands
R: Reduction
RE: Reefer / Refrigerated
R: Revenue Ton
RY: Rail Yard
SL&C: Shipper’s Load and Count
Sq. Ft: Square Foot or Square Feet
S/T: Short Ton (2000 lbs.)
SU or S/U: Set `Up
TEU: Twenty Foot Equivalent Unit
THC: Terminal Handling Charge
TRC: Terminal Receiving Charge
USA: United States of America
USD: United States Dollars
VEN: Ventilated
VIZ: Namely
VOL: Volume
W: Weight
W/M: Weight/Measure
This tariff is published on the Internet web-site of Utrade INC. at https://www.utradelogistics.com/ Interested parties should contact: Mr. Sharjeel by email at info@utradelogistics.com concerning access to Carrier’s tariff. Please refer to the tariff profile or title page for additional contact information