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Rule 2.034 – Guaranteed-to-Go |
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Publication Date: 02/22/2018 |
Effective Date: 02/25/2018 unless otherwise specified |
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Through Date: |
Expiration Date: |
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Amendment Code: C, I |
Special Use Number: |
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Request #: STEWELS242 |
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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 applicable to cargo shipped from Carrier’s New Jersey and South
Florida container freight stations to Anguilla, Antigua, Barbados, Dominica,
Freeport Bahamas, Grand Turks, Turks & Caicos, Grenada, Guyana, Nassau Bahamas,
Nevis, Marsh Harbour Bahamas, Providenciales, South Caicos, Turks & Caicos, St
Barths, St Kitts, St Lucia, St Maarten, St Vincent, Tortola, Trinidad, Virgin
Gorda, Grand Cayman, Cayman Brac, Little Cayman as follows:
(a) dry, containerizable, non-hazardous, non-bonded, less-than-container load
cargo:
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.
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 (Exception: Not Applicable to Cayman
Islands); or
(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.