Rule 11.0: Time Volume Rate : St. Thomas


Publication Date: 02/13/2009

Effective Date: 02/22/2009

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

Request #:  TIMDIPI122 Revision: Original


TIME VOLUME RATES: Crown Bay Seaport, St. Thomas, USVI  -  TVR STT1-2009


A. Time Volume Rate (“TVR”) No. TVR STT1-2009 by Tropical Shipping and Construction Co., Ltd. ("Tropical Shipping").


PORT OF LOAD: Port of Palm Beach, Florida

PORT OF DISCHARGE: Crown Bay Seaport, St. Thomas, USVI

COMMODITIES: TVR STT1-2009 commodities are Auto parts, Building Materials, Nursery Supplies, Department Store Merchandise, Appliances, Electronics, Groceries and Hotel & Restaurant Supplies, Hardware, Footwear, Fabrics, Pet Supplies, Dry Animal Feed, Office Supplies, Hospital & Medical Supplies, Pharmaceuticals, Chemicals (Non-Hazardous), Air Conditioning Supplies, Magazines, Electrical Supplies, empty packaging materials, Furniture, Marine Supplies, Paper Products or any combination of these dry commodities.
RATES:  The TVR STT1-2009 rate is:

1. Beginning with the date of enrollment, up to and including 45 days later: Ocean Freight: $1.95 per Cubic Foot which includes US Port Security and Bunker Surcharge.
2. Effective from the 46th day after signing to expiration of the Time Volume Rate: Ocean Freight: $2.25 per Cubic Foot which includes US Port Security and Bunker Surcharge.

DURATION:  TVR STT1-2009 rates apply for shipments received between February 22, 2009 and June 20, 2009. TheTVR STT1-2009 rate expires at midnight on June 20, 2009.


Application of the rates:                                                                                                  
1.  Rates apply from CFS to CFS only.
2.  Any cargo that originates at the Carrier's New Jersey LCL Cargo Facility or the Los Angeles LCL Cargo Facility will be assessed Inland Transportation Charges in addition to the Freight Charges listed in the above Tier Levels. Current Abitrary will be $0.30/Pound from the Los Angeles LCL Cargo Facility and $1.25/Cubic Foot from the New Jersey LCL Cargo Facility.
3. Rates do not include insurance. Marine insurance will automatically be applied under Carrier’s open cargo policy at additional expense unless written alternate
insurance instructions or an insurance waiver is provided.
4. Documentation Charges will be assessed in addition to the rates.
5.   National pick-up charges, if applicable, are in addition to the rates.
6.   Hazardous Surcharges, if applicable, are in addition to the freight rates and charged at $40 per shipment.
7.   Cargo may be received on a pallet or loose but the rates do not apply to cargo that, by its very nature, will not fit within a closed container.
8.   Cargo dimensions include the pallet dimensions if cargo is received on a pallet or on actual cargo dimensions for cargo that is received loose.
9.   The applicable freight rate will be based on the sum of all cubic feet received.
10. Rates apply to cargo that can be placed in a dry, enclosed container. Rates are not applicable to cargo carried on equipment that is exposed to nature or cargo that exceeds the interior door dimensions and cannot be containerized.
11. Only cargo carried under Carrier's bills of lading for the named commodity shall be counted towards the minimum quantity requirement, providing shipper complies with all other conditions herein.
12. Prior to using this time volume rate and prior to tendering cargo for carriage hereunder, shipper must provide written notice of its intention to utilize the time volume rate, its acceptance of the terms and conditions set forth herein, and list the name or names under which it or its commonly owned or corporately related affiliates will be shown as shipper on the bills of lading issued for carriage under this time volume rate, such written notice to be hereinafter referred to as the "enrollment letter". The Companies listed on the enrollment letter shall be collectively referred to as "shipper".
13. For a shipment to count under this time volume rate, the bill of lading covering such shipment must show the full name of the shipper and reference the time volume rate number.
14. The shipment records which will be maintained to support this time volume rate are the bills of lading and such records shall be maintained at the Carrier's principal place of business in the United States for a period of five (5) years.
15.  For purposes of calculating volume carried under the duration of the rate, a shipment shall be counted as having been shipped according to the date the shipment is received by the carrier.
16. In the event shipper fails to meet the Carrier's minimum volume requirement, all shipments made pursuant to this time volume rate shall be rerated at the applicable tariff rates in effect at the time each such shipment was delivered to the Carrier, provided, however, that if the shipper fails to meet the carrier's minimum volume requirement because of the Carrier's inability to provide sufficient containers and/or vessel space for shipper in response to a timely booking, then the carrier's minimum volume requirement shall be reduced by one CFT for each CFT for which carrier fails to provide such equipment or space.
17.  Notwithstanding any other provisions of this Agreement and to the extent that Carrier or Customer may fail to meet any obligations imposed by its terms owing to ‘Force Majeure’, performance of the Agreement shall, to that extent, be deemed to have been frustrated and no cause of action for breach or liability hereunder shall arise as a consequence thereof.  For the purposes hereof, the term ‘Force Majeure’ shall mean and include, without reservation, limitation or restriction, acts of God, including weather, fire, flood, explosion, war, actions or requests of governmental authority, accident, labor trouble or shortage, holiday schedule, inability to obtain material, power or equipment, or any other events of a similar nature or kind.  Whoever claims Force Majeure shall give written notice within seven (7) days of the occurrence of such Force Majeure circumstance and immediate notice of the date the Force Majeure circumstance terminates.  The carrier's minimum volume requirement hereunder shall be reduced by a percentage calculated by dividing the number of days that the Force Majeure circumstance existed by 360, rounded upward to the next full TEU. For example, if the Force Majeure circumstance existed for 36 days the carrier's minimum volume requirement would be reduced by 10 percent.  Force Majeure shall not include any economic or commercial changes in the market, business declines, etc. for the commodities covered hereunder.