Guaranteed to Arrive

1.    Carrier will guarantee that properly and timely delivered cargo will sail 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 less-than-containerload cargo shipped from

        Carrier’s South Florida container freight stations to Antigua, Anguilla, Barbados, Dominica, Grenada, Nevis, St

        Barths, St Kitts, St Lucia, St Maarten, St Vincent, Tortola, Virgin Gorda, Providenciales, Trinidad, Freeport, and

        Nassau.

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 Kearny, NJ container freight station is 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.

4.    In the event properly received cargo fails to sail by the last scheduled sailing of that week, 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.

        (b)  100% if the shipment misses the last scheduled sailing of the following week.

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 as defined

              by Carrier; or,

        (b)  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 authority, accident, labor

              trouble or shortage, 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 provided to applicable Shipper in

              writing within 48 hours after arrival at port of destination, and Carrier’s determination shall be conclusive.

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 with the

       entire shipment. 

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.