1. Carrier will guarantee that subject to the terms and conditions set forth below cargo will be loaded for shipment to the destination port by the last scheduled sailing of the week.

2. This rule is applicable to cargo shipped from Carrier’s South Florida container freight stations to St. Thomas, St. Croix, and St. John as follows:

   1. Cargo must be received by Carrier at its New Jersey container freight station before Thursday noon the week prior to Carrier’s published sailing date.
   2. Cargo must be received by Carrier at its South Florida container freight station before noon day prior to Carrier’s published sailing date.
(b) dry, containerizable, hazardous, non-bonded, less-than-container load cargo. Hazardous cargo must be received by Carrier at its South Florida container freight station a minimum of 48 hours prior to Carrier’s published sailing date, with all required documentation, and must be compatible with the other less-than-container load cargo loaded in the container.
(c) dry, containerizable, hazardous, non-bonded, less-than-container load cargo. Hazardous cargo is excluded as set forth herein for Carrier’s New Jersey container freight station.

3. Complete and accurate shipping documents must be received in accordance with established document cutoff times as published on the Carriers website ( www.tropical.com). Complete and accurate shipping documents include but are not limited to the appropriate Electronic Export Information (EEI) filing citation or exemption legend , pro-forma, and/or any commercial invoices or other shipping documents required for the exportation of said cargo. (C)

4. In the event timely received cargo fails to sail as provided herein, Carrier will reduce the applicable Freight Charges as follows:
(a) For Carrier’s New Jersey container freight station: 25% if the shipment misses that week's sailing but sails by the last scheduled sailing of the following week, and/or shipment makes that week's sailing but fails  to discharge at correct port of destination from that sailing.
(b) For Carrier’s South Florida container freight station: 50% if the shipment misses that week's sailing but sails by the last scheduled sailing of the following week, and/or shipment makes that week's sailing but fails to discharge at correct port of destination from that sailing.
(c) For Carrier’s New Jersey container freight station: 50% if the shipment misses the last scheduled sailing of the following week and/or shipment makes that following week's sailing but fails to discharge at correct port of destination from that sailing.
(d) For Carrier’s South Florida container freight station: 100% if the shipment misses the last scheduled sailing of the following week and/or shipment makes that following week's sailing but fails to discharge at correct port of destination from that sailing.
(e) As a condition to receiving the freight reduction, request must be made verbally or in writing by shipper within 30 days of cargo arrival at port of destination or at Carrier’s discretion applied when the service failure is discovered by Carrier or Carrier’s agents.

5. Freight Charges subject to reduction shall be base ocean freight and bill of lading processing fee. All other charges, surcharges, inlands, arbitraries, or other Carrier or third party imposed charges shall not be reduced.

6. Carrier shall not reduce Freight Charges if:
(a) The Shipper, its agent or freight forwarder fails to provide Carrier with complete and accurate shipping documents; or
(b) The cargo is not properly packed and marked for export as defined by Carrier; or
(c) The cargo is received from a parcel delivery service such as but not limited to United Parcel Service or FedEx Ground 
(d) The cargo is delayed while in transit between Carrier’s New Jersey and South Florida container freight stations.
(e) The vessel or cargo loading or discharge, as applicable, is delayed by Force Majeure circumstances beyond the control of Carrier, including, but not limited to, acts of God, including weather, fire, flood, explosion, war, actions or requests of governmental authorities, accident, labor trouble or shortage, berth unavailability, holiday schedule, inability to obtain material, power or equipment, or any other events of a similar nature or kind. Carrier’s determination of the existence of a Force Majeure shall be conclusive.

7. Cargo receipt time and date shall be established by Carrier's clock-validated tally at its New Jersey and South Florida container freight station and the time and date shown on the tally shall be conclusive. Document receipt time and date shall be established by Carrier’s email system, for shipping documents received from shipper via email. In cases where the shipper has provided documents via fax, the receive time as noted on the top of the fax will be used to establish the time of receipt.

8. In the event Carrier chooses to have cargo shipped by other means (i.e., air freight), resulting in cargo arriving at port of destination on or before the published vessel arrival date, Carrier shall not reduce Freight Charges.

9. In the event a portion of a shipment, but not the entire shipment, is subject to reduction of freight charges as set forth herein, Carrier shall prorate per volume the applicable reduction for the portion subject to this rule.

10. Except as otherwise provided by specific exception within this rule, this rule applies only to containerizable cargo, and does not apply to cargo, which in Carrier's sole determination, is to be shipped break bulk or out of gauge on flatracks or on any other type of equipment which is not a dry container. This rule does not apply to any cargo that ships on a space available basis.

11. In the event a Corrected Bill of Lading or Corrected Freight Bill is necessary, Carrier shall issue the Corrected Bill of Lading or Freight Bill Within 24 hours of the request.

12. If the Shipper chooses to retrieve cargo that is eligible for Guaranteed to Go prior to loading on vessel, Carrier shall waive all in and out charges at the South Florida container freight station for such cargo.