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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 only applicable to dry, containerizable, non-hazardous,
non-bonded, less-than-container load cargo shipped from Carrier’s South
Florida container freight stations to St. Thomas, St. Croix, and St.
John.
3. Shipper’s LCL cargo must be received by Carrier at its South Florida
container freight station before noon day prior to Carrier’s published
sailing date. 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.
4. In the event timely received cargo fails to sail as provided herein,
Carrier will reduce the applicable Freight Charges as follows:
(a) 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.
(b) 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.
(c)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.(C)
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; or
(d) 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 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. |