Rule 2.24: Application of the Guaranteed-to-Arrive Rule

 

Publication Date: 3/1/2008

Effective Date: 3/1/2008

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

Request #: Revision: Original

 

Rule 2.24: Application of the Guaranteed-to-Arrive Rule

 

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, containerized, non-hazardous, non-bonded, less-than-containerload cargo shipped from Carrier's South Florida container freight
    stations to St Thomas, St Croix, St John and Puerto Rico.

3.
Shipper's LCL cargo with complete and accurate shipping documents must be delivered to and received by Carrier at its South Florida container freight stations
    before noon the day prior to Carrier's published sailing date.
 
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 pursuant to this Rule, the Shipper must make a written request for such reduction to the Carrier within 30 days
       of cargo arrival at port of destination.


5. "Freight Charges" subject to reduction shall be base ocean freight and bill of lading processing fee. Any 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.
 

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.

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 48 hours of the
     vessel's arrival at port of destination.

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.