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Rule 2.034 – Guaranteed-to-Arrive |
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Publication Date: 11/16/2005 |
Effective Date: 12/18/2005 unless otherwise specified |
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Through Date: |
Expiration Date: |
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Amendment Code: A, C, E, R |
Special Use Number: |
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Request #: MONSATT5 |
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Guaranteed to Arrive
1. Carrier will guarantee that properly and timely delivered cargo will sail to the destined port (A,C) Effective 12/18/2005 by the last
scheduled sailing of the week, subject to the terms and conditions set forth below.
2. This rule is only applicable to dry, containerized, non-hazardous, non-bonded, less-than-container load cargo shipped from Carrier’s South Florida container freight
stations to Anguilla, Antigua, Barbados, Dominica, Cat Island Bahamas (C) Eff 12/18/2005, Cockburn Town Bahamas (C) Eff 12/18/2005 Dominica, Eleuthera Bahamas (C) Eff 12/18/2005, Freeport Bahamas, French Guiana, Governors Harbour Bahamas (C) Eff 12/18/2005, Grenada, Guyana, Harbour Island Bahamas (C) Eff 12/18/2005, Nassau Bahamas, Nevis, Marsh Harbour Bahamas, Providenciales, San Salvador Bahamas (C) Eff 12/18/2005, Smiths Bay Bahamas (C) Eff 12/18/2005, St Barths, St Kitts, St Lucia, St Maarten, St Vincent, Suriname (E) Eff 12/18/2005, Tortola, Trinidad,Virgin Gorda.
Exception:
Cockburn Town (E) Eff 12/18/2005, San Salvador (E) Eff 12/18/2005 Smiths Bay (E) Eff 12/18/2005, Cat Island (E) Eff 12/18/2005 Governors Harbour & Harbour Island (E) Eff 12/18/2005, Eleuthera (collectively known as the Family Islands) (E) Eff 12/18/2005 and Marsh Harbour, Abaco - This rule shall also apply to dry, refrigerated and flatrack full container load cargo. If properly received cargo misses the last scheduled sailing to Marsh Harbour for the week but sails by the last scheduled sailing of the following week, and/or shipment makes that first week's sailing but fails to discharge at (R) Eff 11/16/2005 Marsh Harbour that week Carrier will reduce the applicable freight charges by 50%.
3. Shipper's LCL cargo and complete 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 departure date. Cargo delivered to Carrier's published container freight stations other than South Florida are subject to this rule if such cargo
and its complete shipping documents are received by Carrier at its South Florida container freight stations before noon two (2) days prior to Carrier's published departure date. (E) Eff 12/18/2005
4. In the event properly received cargo fails to sail as outlined below (C), 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. (R) Eff 11/16/2005 (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. Requests for freight reduction must be submitted to Carrier in writing. (R) Eff 11/16/2005
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 proper 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 occurrence of 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 (A,C) Eff 12/18/2005, holiday schedule, inability to obtain material, power or equipment, or any other events of a similar nature or kind. Carrier’s determination of Force Majeure shall be conclusive. (C)
7. Cargo receipt time and date shall be established by Carrier's clock-validated tally, 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 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. (A,C) Eff 12/18/2005
10. This rule applies only to containerized cargo, and does not apply to cargo, which in Carrier's sole determination, is to be shipped break bulk, 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 pickup cargo eligible for Guaranteed to Arrive prior to sailing, Carrier shall waive all in and out charges for such cargo.