IFF, Inc. Rules Tariff

 

IFF, Inc. is a Non-Vessel Operating Common Carrier (NVOCC) and Ocean Freight Forwarder, licensed by the Federal Maritime Commission (FMC), operating under FMC License No. 002652 and Organization No. 005521.

 

In capacity as NVOCC, issuing ‘IFF, INC.’ Bill of Ladings, Carrier has opted to be exempt from tariff publication requirements pursuant to 46 C.F.R., Part 520 and 532, making use of Negotiated Rate Arrangements (“NRAs”).

 

NVOCC NRA means the written and binding arrangement between an NRA Shipper and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through transportation).

 

Carrier shall issue quotation sheets, booking confirmations, e-mail communications and other writings (collectively “the writings”) which will constitute an offer by Carrier to Shipper for transportation services pursuant to 46 C.F.R., Part 520.13 and 532. The terms contained in the writings shall be a valid offer for thirty days from the booking date, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo. Carrier’s or Carrier’s agent’s receipt of cargo for this shipment constitutes acceptance by Shipper of this offer, and the terms of the NRA shall bind the parties.

 

All origin and destination local charges apply whether or not included in this Rules Tariff.

 

Rates may not be modified in an NRA after the time the shipment is received by the Carrier or its agent (including originating carriers in the case of through transportation).

 

IFF TARIFF, RULES 1 THROUGH 35:

 

Rule: SCOPE (1)

 

NVOCC Tariff Rules & Regulation on moving cargo in Containers and Breakbulk between U.S. Ports and Points and World Ports and Points.

 

Carrier’s Liability: See Clauses 4, 24, 29, 30 and 31 of Carrier’s Combined Transport Bill of Lading under Rule (8).

 

Rule: APPLICATION OF RATES AND CHARGES (2)

 

Prohibited or Restricted Articles: Carrier may not handle hazardous cargo and any other goods with excessive exposure to risk and liability, to include, but not limited to:

A) Cargo, loose on Platforms or pallets, except when prior arrangements have been concluded with carrier. B) Cargo which because of its inherent vice is likely to impregnate or otherwise damage carrier’s containers or other cargo. C) Cargo which requires protection from heat or cold. D) Bank bills, coin or currency, deeds, drafts, notes or valuable paper of any kind; jewelry including costume or novelty jewelry, except where otherwise specifically provided; postage stamps or letters and packets of letters with or without postage stamps affixed; precious metals or articles manufactured therefrom; precious stones; revenue stamps; works of art; antiques, or other related or unrelated old, rare or precious articles of extraordinary value except when prior arrangements have been concluded with carrier. E) Animals, Birds and Fish, alive.

 

Marking of Freight: Each single carton, package or other separate article MUST be plainly and durably marked with the name and address of the shipper and the name and address of the consignee.

 

Marine Transport Insurance: Not provided by Carrier, unless requested by Shipper in writing, prior to transportation, and agreed by Carrier to arrange. No premiums for account of Shipper may be absorbed by the Carrier.

 

Limitation of Service: The Carrier is not obligated to transport property for which suitable equipment is not available, nor is transportation to be performed under impractical or unsafe circumstances in the judgment of the Carrier.

 

Disposition of Fractions: As agreed with NRA Shipper.

 

Packaging Requirements: All cargo shall be properly packed in such manner as to protect it against damage from stowage in holds or handling in quantities along with other cargo in any customary manner required for usual sea dispatch.

 

Force Majeure Clause: “Without prejudice to any rights or privileges of the carrier under covering Bills of Lading or under applicable provisions of law, in the event of war, hostilities, warlike operations, embargoes, blockades, port congestion, strikes of labor disturbances, regulations of any government authority pertaining thereto, or any other official interferences with commercial intercourse arising from the above conditions and affecting the carrier’s operations, the carrier reserves the right to cancel any outstanding booking or contract of carriage, or to increase the rates if in conformity with the provision of the Shipping Act, 1984.”

 

Metric Conversion: In areas where the metric system prevails the following conversion factors will apply.

2.2046 lbs = 1 kilo

2204.6 lbs = 1000 kilos

35.31 cu.ft. = 1 cubic meter

.3937 inch = 1 centimeter

 

Shipper Load and Count: Where containers are loaded by shipper or his agent and sealed, carrier will accept such shipments subject to “Shipper’s Load and Count” and Bill of Lading shall be so claused and carrier will not be responsible either directly or indirectly for damage resulting from improper loading or mixing of articles in the container or any discrepancy in count or concealed damage to articles. The shipper shall furnish carrier with a list of contents showing description of goods and the gross weight and cubic measurements of the contents of the container. Carrier reserves the right to open and inspect the contents of a container and so indicates on the Bill of Lading, resealing the container. When containers loaded with goods moving subject to shipper’s load and count are delivered to consignee or his agent, consignee or his agent must furnish carrier with a claim-free receipt prior to release of container or contents for delivery.

 

Rule: RATE APPLICABILITY (3)

All rules applicable to a given shipment will be those published and in effect when the cargo is received by the ocean carrier or its agent, including originating carrier in the case of through transportation.

 

Rule: HEAVY LIFT (4) – as per NRA

 

Rule: EXTRA LENGTH (5) – as per NRA

 

Rule: MINIMUM BILL OF LADING CHARGES (6) – as per NRA

 

Rule: PAYMENT OF FREIGHT CHARGES (7)

A) Freight charges must be prepaid, unless prior arrangements have been concluded accordance with the following provisions. When freight or charges are prepaid, Bill of Lading must not be issued except upon payment of such freight. Collect freight and charges must be paid to the ocean carrier prior to release of cargo at terminal ports of discharge. Freight charges must be paid to the carrier before release of the cargo, unless prior arrangement to the contrary has been made with the carrier. Freight charges and all other charges must be prepaid on shipments of: Household Goods, Personal Effects, Privately Owned Motor Vehicles, Refused or Returned Shipments. In the event Consignee or his agent refuses to pay freight and other charges, and merchandise remains undeliverable thereby, Shipper guarantees and remains liable for full payment of freight and other charges, together with any expense incurred while awaiting disposition of the cargo.

B) Ocean freight and other charges are due and completely earned upon receipt of cargo by the Carrier, ship and/or cargo lost or not lost.

C) Freight and charges on collect shipments shall be paid for prior to the delivery of the cargo.

D) Prepayment of freight monies and charges at destination must be made in full for the complete original Bill of Lading quantity prior to the release of any original ocean Bill of Lading by the Carrier to the Shipper or his duly authorized Freight Forwarder or his Agent.

 

Rule: BILL(S) OF LADING (8)

‘IFF, INC.’ Bill of Lading Terms & Conditions.

  1. (a) Except as otherwise provided herein, this Bill of Lading shall have effect subject to the provision of the Carriage of Goods by Sea Act of the United States of America (COGSA), approved April 16, 1936, which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act. (b) The Carrier shall be entitled to the full benefit of, and right to, all limitations of or exceptions from Liability authorized by any provisions of Sections 4281 to 4288, inclusive, of the Revised Statutes of the United States and amendments thereto and of any other provisions of the laws of the United States or of any other country whose laws shall apply.
  1. In this Bill of Lading:
    (a) “Carrier” means and includes Carrier named on the face side hereof, the vessel, her owner, Master, operator, demise character, and if bound hereby, the time charterer, and any substitute Carrier whether the owner, operator, charterer or Master shall be acting as carrier or bailee. (b) “Vessel” means and includes the ocean vessel on which the Goods are shipped, named on the face hereof, or any substitute vessel, also any feeder ship, ferry barge, lighter or any other watercraft used by the Carrier in the performance of this contract. (c) “Merchant” means and includes the shipper, the consignee, the receiver, the holder of this Bill of Lading, the owner of the Goods or person entitled to the possession of the Goods and the servants or agents of any of these. (d) “Charges” means and includes freight and all expenses and money obligations incurred and payable by the Merchant. (e) “Goods” means and includes the cargo received from the Merchant and described on the face side hereof and any container not supplied by or on behalf of the carrier. (f) “Container” means and includes any container, van, trailer, transportable tank, flat, pallet or any similar article of transport. (g) “NRA” Negotiated Rate Agreement between Merchant and Carrier. (h) “Person” means and includes an individual, corporation, partnership or other entity as the case may be. (i) “Participating Carrier” means and shall include any other water, land or air carrier performing any Stage of the Combined Transport.

 

  1. It is understood and agreed that other than the said Carrier, no person whatsoever (including Master, officers, and crew of the vessel, all servants, agents, employees, representatives, terminal operators, crane operators, watchmen, carpenters, ship cleaners, surveyors and other independent contractors whatsoever) is or shall be deemed to be liable with respect to the Goods as carrier, bailee or otherwise howsoever, in contract or in tort. If, however, it should be adjudged that any other than said carrier is under any responsibility with respect to the Goods, all limitations of and exonerations from liability provided by law or by the terms hereof shall be available to such other persons as herein described. In contracting for the foregoing exemptions, limitations and exonerations from liability, Carrier is acting as agent and trustee for and on behalf of all persons described above, all of whom shall to this extent be deemed to be a party to this contract evidenced by this Bill of Lading.

 

  1. Subject to all rights, privileges and limitations of and exonerations from liability granted to the carrier under this Bill of Lading or by law, any liability by the respective participating carriers for loss or damage to the Goods or packages carried hereunder shall be governed by the following: (a) If loss or damage occurs while the Goods or packages are in the custody of the Ocean Carrier, only the Ocean Carrier shall be responsible therefore, and any liability of the Ocean Carrier shall be determined by the terms and conditions of its Bill of Lading and any law compulsorily applicable. (b) If loss or damage occurs while the Goods or packages are in the custody of a participating domestic or foreign Carrier, only the participating domestic or foreign Carrier(s) shall be responsible therefore, and any liability of such participating domestic or foreign Carrier(s) shall be determined, in respective order, by the terms, conditions and provisions of the applicable participating domestic or foreign Carrier’s Bill(s) of Lading (whether issued or not), tariff(s) and law compulsorily applicable in the circumstances. (c) Notwithstanding subdivision (a) and (b) hereof, it is contemplated that the Goods or packages will from time to time be carried in through transportation that will include inland transportation within the United States by railroad and sea carriage by one or more of the other Carriers above defined (When used on or endorsed on this Bill of Lading the words “on board” shall mean and include on board the original carrying vessel when the Goods or packages are being transported from the continental United States to a foreign port or place “on board” shall mean and include on board a rail car operated by the originating carrier and en route by rail to the port of loading for loading on board the Carrier’s or participating Carrier’s vessel). (d) If loss or damage occurs after receipt of the Goods or package hereunder, and it cannot be determined from the records of the ocean Carrier or participating domestic or foreign Carrier(s) whether such damage or loss occurred during ocean, domestic or foreign carriage, it shall be conclusively presumed that the loss or damage occurred on board the vessel and while the Goods or packages were in the custody of the ocean Carrier. (e) At all times when the goods or packages are in the custody of the above mentioned participating domestic or foreign Carriers, such Carriers shall be entitled to all the rights, defenses, exceptions from or limitations of liability and immunities of whatsoever nature referred to or incorporated herein applicable or granted to the Carrier as herein defined, to the full extent permitted to such domestic and foreign Carriers under this Bill(s) of Lading, tariffs and any other laws applicable or relating thereto, provided however, that nothing contained in this Bill of Lading shall be deemed a surrender by these domestic or foreign Carriers of any of their rights and immunities or an increase of any of their limitations of and exonerations from liability under their said Bill(s) of Lading, tariffs or laws applicable or relating to said carriage. (f) In making any arrangements for transportation by participating third-party domestic or foreign carriers of the Goods or packages carried hereunder, either before or after ocean carriage, it is understood and agreed that the ocean Carrier acts solely as agent of the Merchant, without any responsibility whatsoever, and it assumes no responsibility as Carrier for such domestic or foreign transportation. (g) Notice of loss or damage and claim against the ocean Carrier, where applicable, shall be given to the ocean Carrier, and suit commenced as provided for in Clauses 30 and 31 hereof. Notice of loss or damage against the participating domestic or foreign Carrier(s), where applicable, shall be filed with the participating domestic or foreign Carrier(s) and suit commenced as provided for in the terms, conditions and provisions of said Carrier(s)Bill(s) of Lading or by law applicable thereto. It is understood by the Merchant that such terms, conditions and provisions, as they pertain to notice of, and claim for, loss or damage and commencement of suit, contain different requirements than those requirements pertaining to ocean Carriage as contained in Clauses 30 and 31 hereof.

 

  1. The Goods carried hereunder are subject to NRA (Negotiated Rate Arrangements), as well as, terms and conditions, freely accessible on Carriers website www.iffusa.com.                

 

  1. The Merchant warrants that in agreeing to the Terms and Conditions hereof, he is, or has authority of, the person owning or entitled to the possession of the Goods and this Bill of Lading.

 

  1. (a) Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the Goods. (b) As to through transportation, the Carrier undertakes to procure such services as necessary and shall have the right at its sole discretion to select any mode of land, see or air transport and to arrange participation by other Carriers to accomplish the combined transport from place of receipt to place of delivery. Whenever any stage of the combined transport is accomplished by any land or air Carrier or any other water Carrier, each such stage shall be controlled according to any law compulsorily applicable to such stage and according to the contracts, rules and tariffs of each participating Carrier, the same as if such contracts, rules and tariffs were fully se forth herein.

 

  1. Carrier shall be entitled but under no obligation to open any Container at anytime and to inspect the contents unless applicable law prohibits same. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any unreasonable additional expense so incurred.

 

  1. Carrier may containerize any Goods or packages. Container may be stowed on deck or under deck and when so stowed shall be deemed for all purposes to be stowed under deck, including for General Average and U.S. Carriage of Goods by Sea Act, 1936 and similar legislation.

 

  1. Deck cargo (except goods carried in containers on deck) is received and carried solely at Merchant’s risk .

 

  1. Special containers with heating or refrigeration units will not be furnished unless contracted for expressly in writing at time of booking. Merchant shall advise Carrier of desired temperature range when delivering Goods to Carrier, and Carrier shall exercise due diligence to maintain temperature within a reasonable range while the containers are in its custody or control. The Carrier does not, however, accept any responsibility for the functioning of heated or refrigerated containers not owned or leased by Carrier.

 

  1. The scope of the voyage herein contracted for shall include usual or customary or advertised ports of call whether named in this contract or not, also ports in or out of the advertised, geographical or usual route or order, even though in proceeding thereto the vessel may sail beyond the port of discharge named herein or in a direction contrary thereto, or return to the original port, or depart from the direct or customary route and includes all canals, straits, and other waters. The vessel may call at any port for the purpose of the current, prior or subsequent voyages. The vessel may omit calling at any port whether scheduled or not, and may call at the same port more than once, may discharge the goods during the first or subsequent call at the port of discharge, may for matters occurring before or after loading, and either with or without the goods on board, and before or after proceeding towards the port of discharge, adjust compasses, drydock with or without cargo on board, stop for repairs, shift berths, make trial trips or tests, take fuel or stores, remain in port, lie on bottom, aground or at anchor, sail with or without pilots, tow and be towed, and save or attempt to save life or property, and all of the foregoing are included in the contract voyage. The vessel may carry contraband, explosives, munitions, warlike stores, hazardous cargo, and sail armed or unarmed, and with or without convoy.

The Carrier’s sailing schedules are subject to change without notice, both as to the sailing date and date of arrival. If this is a Through Bill of Lading, no Carrier is bound to transport the shipment by any particular train, truck, aircraft, vessel or other means of conveyance, or in time for any particular market or otherwise. No Carrier shall be liable for delay and any Carrier shall have the right to forward the goods by substitute Carriers.

 

  1. If at any time the performance of the contract evidenced by this Bill of Lading is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavors, the Carrier (whether or not the transport is commenced) may without notice to the Merchant treat the performance of this contract as terminated and place the Goods or any part of them at the Merchants disposal at any place or port which the Carrier may deem safe or convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease, The carrier shall nevertheless be entitle to full freight and charges on Goods received for transportation and the Merchant shall pay any additional cost of carriage to and delivery and storage at such place or port.

 

  1. If the Carrier makes a special agreement, whether by stamp hereon or otherwise, to deliver the Goods at a specified dock or place, it is mutually agreed that such agreement shall be construed to mean that the Carrier is to make such delivery only if, in the sole judgment of the Carrier, the vessel can get to, lie at, and leave said dock or place, always safely afloat, and only if such dock or place is available for immediate receipt of the Goods and that otherwise the Goods shall be discharged as otherwise provided in this Bill of Lading, whereupon all responsibility of Carrier shall cease.

 

  1. The port authorities are hereby authorized to grant a general order for discharging immediately upon arrival of the vessel and the Carrier, without giving notice either of arrival or discharge, may, immediately upon arrival of the vessel at the designated destination, discharge the goods continuously, Sundays and Holidays included at all such hours by day or by night as the Carrier may determine no matter what the state of the weather or custom of the port may be. The Carrier shall not be liable in any respect whatsoever if heat or refrigeration or special cooling facilities shall not be furnished during loading or discharge or any part of the time that the Goods are upon the wharf, craft or other loading or discharging place. Landing and delivery charges and pier dues shall be at the expense of the Goods unless included in NRA. If the Goods are not taken away by the consignee by the expiration of the next working day after the Goods are at his disposal, the Goods may, at Carrier’s option and subject to Carrier’s lien, be sent to store or warehouse or be permitted to lie where landed, but always at the expense and risk of the Goods. The responsibilities of the Carrier an any capacity shall altogether cease and the Goods shall be considered to be delivered and at their own risk and expense in every respect when taken into the custody of Customs or other Authorities, or into that of any municipal or governmental concessionaire or depository. The Carrier shall not be required to give any notification or disposition of the Goods, except as may be otherwise provided in this Bill of Lading.

 

  1. At ports or places where, by local law, authorities, or custom, the Carrier is required to discharge cargo to lighters or other craft, or where it has been so agreed, or where wharves are not available which the ship can get to, lie at, or leave, always safely afloat, or where conditions prevailing at the time render discharge at a wharf dangerous, imprudent, or likely to delay the vessel, the Merchant, shall promptly furnish lighters or other craft to take delivery alongside the ship, at the risk and expense of the Goods. In the Merchant, fails to provide such lighters or other craft, Carrier, acting solely as agent for the Merchant, may engage such lighters or other craft at the risk and expense of the Goods. Discharge of the Goods into such lighters or other craft shall constitute proper delivery and any further responsibility of Carrier with respect to the Goods shall thereupon terminate.

 

  1. Carrier shall have the liberty to comply with any order or directions or recommendations in connection with the transport under this contract of carriage given by any Government or Authority or anyone acting or purporting to act on behalf of such Government or Authority, or having, under the terms of the mortgage or insurance on the vessel or other transport, the right to give such orders, directions or recommendations. Discharge or delivery of the Goods in accordance with the said order or directions or recommendations shall be deemed a fulfillment of the contract. Any extra expense incurred in connection with the exercise of the Carrier’s liberty under this clause shall be paid by the Merchant in addition to freight and charges.

 

  1. Whenever the Carrier or Master may deem it advisable, or in any case where goods are destined for port(s) or place(s) at which the vessel or participating carriers will not call, the Carrier may, without notice, forward the whole or any part of the shipment, before or after loading at the original port of shipment, or any other place or places even though outside the scope of the voyage or the route to or beyond the port of discharge or the destination of the Goods, by water, by land or by air or by any combination thereof, whether operated by the Carrier or others and whether departing or arriving or scheduled to depart or arrive before or after the ship expected to be used for the transportation of the shipment. The Carrier may delay forwarding awaiting a vessel of conveyance in its own service or with which it has established connections. In all cases where the shipment is delivered to another Carrier or to a lighter, Port Authority, warehouseman or other bailee for transshipment, the liability of this Carrier shall absolutely cease when the Goods are out of its exclusive possession and shall not resume, until the Goods again come into its exclusive possession, and the responsibility of this Carrier during such period shall be that of an agent of the Merchant and this Carrier shall be without any other responsibility whatsoever. The carriage by any transshipping or On-Carrier and all transshipment or forwarding shall be subject to all the terms whatsoever in the regular form of Bill of Lading, consignment note, contract or other shipping document used at the time by the Carrier performing such transshipment or forwarding.

 

  1. In any situation whatsoever and wheresoever occurring and whether existing or anticipated before commencement of or during the combined transport, which in the judgment of the Carrier or the Master is likely to give rise to risk of capture, seizure, detention, damage, delay or disadvantage or loss to the Carrier or any part of the Goods, to make it unsafe, imprudent or unlawful for any reason to receive, keep, load, or carry the goods, or commence or proceed on or continue the transport or to enter or discharge the goods or disembark passengers at the port of discharge, or the usual or agreed or intended place of discharge or delivery, or to give rise to delay or difficulty in proceeding by the usual or intended route, the Carrier or the Master may decline to receive, keep, load or carry the Goods or may devan container(s) contents or any part thereof and may require the Merchant to take delivery of the Goods at the place of receipt of any other point in the combined transport and upon failure to do so, may warehouse the Goods at the risk and expense of the Goods, or the vessel, whether or not proceeding towards or entering or attempting to enter a port of discharge, or reaching or attempting to reach a usual place of discharge therein or attempting to discharge the shipment, may discharge the Goods and/or devan the contents of any container(s) at another port, depot, lighter, craft, or other place, or may forward or transship them as provided in this Bill of Lading, or the Carrier or the Master may retain the Goods, vanned or unvanned, on board until the return of the vessel to the port of loading or to the port of discharge or until such time as the Carrier or the Master thinks advisable and discharge the Goods at any place whatsoever as herein provided.  The Carrier of the Master is not required to give notice of such devanning or of discharge of the Goods or of the forwarding thereof as herein provided. When the Goods are discharged from the ship, as herein provided, such shall be at the risk and expense of the Goods. Such discharging shall constitute complete delivery and performance under this contract and the Carrier shall be free from any further responsibility, unless it be shown that any loss of damage to the Goods arose from Carrier’s negligence in the discharge and delivery as herein provided, the burden of establishing such negligence being on the Merchant. For any service rendered to the Goods as herein above provided or for any delay or expense to the vessel caused as a result thereof, the Carrier shall be entitled to a reasonable extra compensation, and shall have a lien on the goods for such carriage. Notice of disposition of the Goods shall be mailed to shipper or consignee named in this Bill of Lading. Goods shut out from the vessel named herein for any cause may be forwarded on a subsequent vessel of this Line or, at Carrier’s option, on a vessel of another Line or by other mode of transportation.

 

  1. Notwithstanding the foregoing, the Carrier shall neither be liable therefore, nor concluded as to, the correctness of any such marks, descriptions or representation.

 

When any cargo unit owned or leased by Carrier is packed or loaded by shipper or its agent, or discharged by consignee or its agent, shipper, consignee, receiver, holder of this Bill of Lading, owners of the Goods and person entitled to the possession of the Goods shall be and remain liable, jointly and severally, for any loss or damage to the cargo unit during such loading or discharge, howsoever occurring, until the cargo unit is returned to Carrier’s custody and, at tariff rates, for any delay beyond the time allowed for such loading or discharge, and for any loss, damage or expense incurred by Carrier as a result of the failure to return the cargo unit to the Carrier in the same sound condition and state of cleanliness as when received by shipper. Such loss, damage, expense or delay shall constitute a lien on the Goods.

 

Where a cargo unit is to be unpacked or unloaded by consignee or its agent, consignee or its agent shall promptly unpack or unload such cargo unit and take delivery of its contents, irrespective of whether the Goods are damaged or not.             Carrier shall not be liable for loss or damage caused to the Goods by or during such unpacking or unloading.

 

  1. When container, vans, trailers, transportable tanks, flats, palletized units, and all other packages (all hereafter referred to generically as “cargo units”) are not packed or loaded by Carrier, such cargo units shall be deemed shipped as “Shipper’s weight, load and count”.             Carrier has no reasonable means of checking the quantity, weight. Condition or existence of the contents thereof, does not represent the quantity, weight, condition or existence of such contents, as furnished by the shipper and inserted in this Bill of Lading, to be accurate, and shall not be liable for non-receipt or misdescription of such contents. Carrier shall have no responsibility or liability whatsoever therefore or for the packing, loading, securing and/or stowage of contents of such cargo units, or for loss or damage caused thereby or resulting therefrom, or for the physical suitability or structural adequacy of such cargo units properly to contain their contents.

 

The Merchant, whether principal or agent, by packing or loading the cargo unit and/or by allowing the cargo unit to be so packed or loaded, represents, guarantees and warrants: (a) that the Goods are properly described, marked and safely and securely packed in their respective cargo units; that such cargo units are physically suitable, sound and structurally adequate properly to contain and support the Goods during handling and on the transport; and that the cargo units may be handled in the ordinary course without damage to themselves or to their contents, or to the vessel or conveyance or to their other cargo, or property, or persons; (b) that all particulars with regard to the cargo units and their contents, and the weight of each said cargo unit, are in all respects correct, and (c) that they have ascertained and fully disclosed in writing to the Carrier and all participating Carriers on or prior to shipments, and condition, ingredient or characteristic of the Goods which might indicate that they are inflammable, explosive, corrosive, radioactive, noxious, hazardous or dangerous in nature, or which might cause damage, injury or detriment to the Goods, or to the vessel, conveyance or other cargo or to property or persons that they have complied fully with all statutes, ordinances and regulations of the Department of Transportation of the United States of America and all other regulatory bodies with respect to labeling, packaging and preparation for shipment of all such Goods.

 

The shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods and persons entitled to the possession of the Goods jointly and severally agree fully to protect and indemnify Carrier, and to hold it harmless in respect of any injury or death of any person, or loss or damage to cargo or cargo unit or any other property, or to the vessel or conveyance or expense or fine arising out of or in any way connected with breach of any of the foregoing representations or warranties, howsoever occurring, even without fault of shipper, consignee and/or owner of the Goods, and even though such injury, death, loss or damage is caused in whole or in part by the fault of the Carrier or un-seaworthiness.

 

  1. The Merchant and the Goods themselves shall be liable for and shall indemnify the Carrier, and the Carrier shall have a lien on the Goods for all expenses of mending, repairing, fumigating, repacking, coopering, baling, reconditioning of the Goods and gathering of loose contents of packages; also for expenses for repairing containers damaged while in the possession of the Merchant for demurrage of containers and an payment, expense, fine, dues, duty, tax, impost, loss, damage or detention sustained or incurred by or levied upon the Carrier, vessel or conveyance in connection with the Goods, howsoever caused, including any action or requirement of any government or governmental authority or person purporting to act under the authority thereof, seizure under legal process or attempted seizure, incorrect or insufficient marking, numbering or addressing of containers, packages or description of the contents, failure of the Merchant to procure consular, Board of Health or other certificates to accompany the Goods or to comply with laws or regulations or any kind imposed with respect to the Goods by the authorities at any port or place or any act or omission of the Merchant. The Carrier’s lien shall survive delivery and may be enforced by private or public sale and without notice.

 

  1. Freight shall be payable, at Carrier’s option, according to NRA. Full freight shall be paid on damaged or unsound goods. Full freight hereunder to place of delivery named herein and advance charges (including on-Carrier’s) shall be considered completely earned on receipt of the Goods by the Carrier, whether the freight be stated or intended to be prepaid or to be collected at destination; and the Carrier shall be entitled to all freight and charges, extra compensation, demurrage, detention, General Average, claims and any other payments made and liability incurred with respect to the Goods, whether actually paid or not, and to receive and retain them irrevocably under all circumstances whatsoever, vessel, conveyance and/or cargo lost, damaged or otherwise, or the combined transport changed, frustrated or abandoned. In case of forced abandonment or interruption of the combined transport for any cause, any forwarding of the goods or any part thereof shall be at the risk and expense of the Goods. All unpaid charges shall be paid in full, without any offset, counterclaim or deduction in the currency of the place of receipt or at Carrier’s option, in the currency of the place of delivery at the demand rate of New York exchange as quoted on day of arrival of the Goods at the place of delivery.

 

The Merchant shall be jointly and severally liable to the Carrier for the payment of all freight charges and the amounts due to the Carrier, and for any failure of either or both to perform his or their obligations under the provisions of the Bill of Lading, and they shall indemnify the Carrier against, and hold it harmless from, all liability, loss, damage and expense which the Carrier may sustain or incur arising or resulting from any such failure or performance by the merchant. Any person, firm or corporation engaged by any party to perform forwarding services with respect to the cargo shall be considered the exclusive agent of the Merchant for all purposes and any payment of freight to such person, firm or corporation shall not be considered payment to the Carrier in any event. Failure of such person, firm or corporation to pay any part of the freight to the carrier shall be considered a default by the Merchant in the payment of the freight. The Carrier shall have a lien on the Goods and any documents relating thereto, which shall survive delivery, for all freight charges and damages of any kind whatsoever, and for the costs of recovering same, including expenses incurred in preserving this lien, and may enforce this lien by public or private sale and without notice. The shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods and person entitled to the possession of the Goods shall be jointly and severally liable to the Carrier for the payment of all freight, charges and damages as aforesaid under and for the performance of this obligation of each of them hereunder.

 

  1. Carrier shall not be liable for any consequential or special damages and shall have the option of replacing lost Goods or repairing damaged Goods.

 

  1. The weight or quantity of any bulk cargo inserted in this Bill of Lading is the weight or quantity as ascertained by a third party other than the Carrier, and Carrier makes no representation with regard to the accuracy thereof. This Bill of Lading shall not be deemed evidence against the Carrier of receipt of goods of the weight and quantity so inserted in the Bill of Lading.

 

  1. Neither Carrier nor any corporation owned by, subsidiary to or associated of affiliated with the Carrier shall be liable to answer for or make good any loss or damage to the Goods occurring at any time and even though before loading on or after discharge from the ship, by reason or by means of any fire whatsoever, unless such fire shall be caused by its design or neglect, or by its actual fault or privity.  In any case where this exemption is not permitted by law, Carrier shall not be liable for loss or damage by fire unless shown to have been caused by Carrier’s negligence.

 

  1. If the vessel comes into collision with another vessel as a result of the fault or negligence of the other vessel and any act, neglect or default of the Carrier, Master, mariner, pilot or the servants of the Carrier in the navigation or in the management of the vessel, the Merchant will indemnify the carrier against all loss or liability to the other or non-carrying vessel or her owner insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying vessel or her owners to the Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or Carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision, contact, stranding or other accident. This provision is to remain in effect in other jurisdictions even if unenforceable in the Courts of the United States of America.

 

  1. General average shall be adjusted, stated and settled according to York-Antwerp Rules 1974, except Rule XII thereof, at such port of place as may be selected by the Carrier and as to matters not provided for by these Rules, according to the laws and usages of New York.

 

In the event of accident, danger or disaster, before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible by statute, contract or otherwise, the Goods, the shipper, consignee, receiver, holder of the Bill of Lading, owner of the Goods and person entitled to the possession of the Goods, jointly and severally, shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods. If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully and in the same manner as if such salving ship or ships were owned or operated by strangers. Cargo’s contribution in General Average shall be paid to the ship-owner even when such average is the result of fault, neglect or error of the Master, pilot, officers or crew. The Merchant expressly renounces any and all codes, statutes, laws or regulations which might otherwise apply.

 

  1. In case of any loss or damage to or in connection with Goods exceeding in actual value the equivalent of $500.00 lawful money of the United States, per package, or in case of Goods not shipped in packages, per shipping unit, the value of the Goods shall be deemed to be $500.00 per package or per shipping unit. The Carrier’s liability, if any, shall be determined on the basis of a value of $500.00 per package or per shipping unit or pro rata in case of partial loss or damage. The words “shipping unit” shall mean each physical unit or piece of cargo not shipped in a package, including articles of things of any description whatsoever, except goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges.

 

Where containers, vans, trailers, transportable tanks, flats, palletized units and other such packages are not packed by the Carrier, each individual such container, van trailer, transportable tank, palletized unit and other such package including in each instance its contents, shall be deemed a single package and Carrier’s liability limited to $500.00 with respect to each such package.

 

  1. As to loss or damage to the Goods or packages occurring or presumed to have occurred during ocean voyage, unless notice of loss of or damage and the general nature of it be given in writing to the Carrier or its agent at the port of delivery before or at the time of the removal of the Goods or packages into the custody of the person entitled to delivery thereof under this Bill of Lading or, if the loss or damage be not apparent, within three consecutive days after delivery at the port of discharge, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods or packages as described in this Bill of Lading.

 

  1. As to loss or damage to the Goods or packages occurring or presumed to have occurred during ocean carriage, the Carrier and the vessel shall be discharged from all liability in respect of loss, damage, miss-delivery, delay or in respect of any other breach of this contract and any claim whatsoever with respect to the Goods or packages, unless suit is brought within one year after delivery of the Goods or package or the date when the Goods or package should have been delivered. Suit shall not be deemed brought unless jurisdiction shall have been obtained over the Carrier and/or the vessel by service of process or by an agreement to appear.

 

  1. Gold, silver, specie, bullion or other valuables, including those named or described in Sec. 4281 of the Revised Statutes of the United States, are not accepted by Carrier for shipping.

 

  1. It is agreed that superficial rust, oxidation or any like condition due to moisture, is not a condition of damage but is inherent to the nature of the cargo; and acknowledgement of receipt of the Goods in apparent good order and condition is not a representation that such conditions of rust, oxidation and the like did not exist on receipt.

 

  1. Nothing in this Bill of Lading shall operate to deprive the Carrier of any statutory protection or exemption from, or limitation of, liability, contained in the laws of the United States, or in the laws of any other country which may be applicable. This Bill of Lading shall be construed according to the laws of the United States and the Merchant agrees that any suits against the Carrier shall be brought in the Federal Courts of Atlanta GA, United States. The terms of this Bill of Lading shall be separable, and if any part or term thereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term hereof.

 

 

 

Rule: FREIGHT FORWARDER COMPENSATION (9) – none

 

Rule: SURCHARGES AND ARBITRARIES (10)

 

Bunker Surcharge (BSC) per Container, as per NRA

Bunker Surcharge (BSC) per Shipment, as per NRA

Currency Adjustment Factor (CAF), as per NRA

 

Rule: MINIMUM QUANTITY RATES (11) – as per NRA

 

Rule: AD VALOREM RATES (12) – as per NRA

 

Rule: TRANSSHIPMENT (13) – as per NRA

 

Rule: CO-LOADING IN FOREIGN COMMERCE (14) – not applicable

 

Rule: OPEN RATES IN FOREIGN COMMERCE (15) – not applicable

 

Rule: HAZARDOUS CARGO (16)

 

Carrier may accept Hazardous Cargo, as recognized under CFR 49 and International Maritime Dangerous Goods Code (IMDG Code), subject to prior approval, before any physical handling of Hazardous Cargo in question.

 

Rule: GREEN SALTED HIDES IN FOREIGN COMMERCE (17) – not applicable.

 

Rule: RETURNED CARGO IN FOREIGN COMMERCE (18) – as per NRA

 

Rule: SHIPPERS REQUESTS IN FOREIGN COMMERCE (19)

NRA Shipper may transmit, request and complaints to: IFF, INC., 452-A Plaza Drive, College Park, GA 30349, or P.O. Box 45505, Atlanta, GA 30320-0505, or customerservice@iffusa.com

 

Rule: OVERCHARGE CLAIMS (20)

 

All billed charges, whether prepaid or collect, are subject to correction if the description furnished by the shipper or shippers is found to be in error or if the weights or measurements are found to be incorrect. Claims for refunds of excess freight charges will be allowed only when proof of error has been determined as indicated below and only when the original paid freight bill is submitted within 3 years of the date the cause of action accrues.

 

Claims seeking the refund of freight overcharges may be filed in the form of a complaint with the Federal Maritime Commission, Washington, DC 20573 , pursuant to Section 11(g) of the Shipping Act, 1984, within 3 years of the date the cause of action accrues.

 

Claims for freight rate adjustment filed in writing shall be acknowledged by the carrier within twenty days of receipt by written notice to the claimant of the tariff provisions actually applied and claimant’s rights under the Shipping Act, 1984.

 

Measurement: 1. Obvious error in calculation by the carrier. 2. By remeasurement by carrier at port of loading or discharge. 3. By joint measurement by carrier’s agent and consignee of shipment at the port of discharge. 4. By remeasurement by a marine surveyor when requested by carrier’s agent.

 

Weight: By production of invoice or packing list certified by the supplier; or by production of public weigher’s certificate.

 

Remeasurement or reweighing fees, cable expenses, and any other incidental charges are, in all cases, to be sustained by the party at fault.

 

Rule: USE OF CARRIERS EQUIPMENT (21) – not applicable

 

Rule: AUTOMOBILE RATES (IN DOMESTIC OFFSHORE COMMERCE) (22) – not applicable

 

Rule: CARRIER TERMINAL RULES AND CHARGES (23)

 

Terminal Handling Charge (THC) per Container – as per NRA

Terminal Handling Charge (THC) per Shipment – as per NRA

 

 

Rule: NVOCCs IN FOREIGN COMMERCE: BONDS AND AGENTS (24)

 

Carrier has filed with the Federal Maritime Commission a bond as required by regulations under 46 CFR 515 to ensure the financial responsibility of the Carrier for the payment of an judgment for damages arising from its transportation related activities, orders for reparations issued pursuant to section 11 of the Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998, or penalties assessed pursuant to Section 13 thereof. Bond No. 8820348. Bond issued by: International Bond and Marine, Two Hudson Place , 4th Floor, Hoboken NJ 07030 .

AGENT FOR SERVICE OF PROCESS. Carrier’s agent for the service of judicial and administrative process including subpoenas: IFF, INC., 575-A Plaza Drive, College Park GA 30349, Tel. 404-305-9433, Fax 404-209-6741, www. iffusa.com. In any instance in which the designated legal agent cannot be served because of death, disability or unavailability, the Secretary of the Federal Maritime Commission will be deemed to be the carrier’s legal agent for service of process. Service of administrative process, other than subpoenas, may be effected upon the legal agent by mailing a copy of the documents to be served by certified or registered mail, return receipt requested.

 

Rule: CERTIFICATION OF SHIPPER STATUS IN FOREIGN COMMERCE (25)

 

If the shipper or a member of a shipper’s association tendering the cargo is identified as an NVOCC, the carrier shall obtain documentation that the NVOCC has a tariff and a bond as required by Section 8 and 23 of the Shipping Act 1984 before the Carrier accepts or transports cargo for the account of the NVOCC. A copy of the tariff rule published by the NVOCC and in effect under CFR 514.15 (b) (25) will be accepted by the Carrier as documenting the NVOCC’s compliance with the tariff and bonding requirements of the Act.

 

Rule: TIME/VOLUME RATES IN FOREIGN COMMERCE (26) – not applicable

 

Rule: LOYALTY CONTRACTS IN FOREIGN COMMERCE (27) – not applicable

 

Rule: DEFINITIONS (28)

 

AW….. All Water

BAF … Bunker Adjustment Factor

CAF … Currency Adjustment Factor

COFC . Container on Flat Car

DDC … Destination Delivery Charge

F …….. Fahrenheit

FCL …. Full Container Load

FI …… Free In to Vessel

FIO …. Free In and Out to Vessel

FIO ST Free In and Out, Stowed and Trimmed

FO ….. Free Out to Vessel

I.D. …. Inside Diameter

K.D. … Knocked Down

Min …. Minimum

MLB … Mini-Landbridge

N.O.S. .. Not Otherwise Specified

NVOCC Non Vessel Operating Common Carrier

O.D. … Outside Diameter

R/T …. Revenue Ton

SOC … Shipper Owned Container

SOTC …Shipper Owned Tank Container

SU ….. Set Up

THC …. Terminal Handling Charge

TLI ….. Tariff Line Item

TOFC… Trailer on Flat Car

VIZ. …. Namely

VOCC … Vessel Operating Common Carrier

REVENUE TON – means 1,000 kilos or 1 cubic meter as freight charges are assessed.

SHIPMENT – means a quantity of goods, tendered by one consignor on one Bill of Lading at one port/point of origin at one time in one or more containers for one consignee at one port/point of destination.

STUFFING, UNSTUFFING – means the physical placing of cargo into or the physical removal of cargo from containers.

WORKING DAY – means each calendar day, excepting Saturdays, Sundays and Holidays, between 8:00 A.M. and 5:00 P.M.

 

Rule: SYMBOLS (29)

 

Rate Basis

————–

W Weight (1,000 Kilos)

M Measure (1 Cubic Meter)

WM Weight/Measure (1,000 Kilos or 1 Cubic Meter, whichever produces the greater revenue)

LS Lump Sum

PC Per Container

EA Each (as defined)

 

Volume Units

—————–

CFT Cubic Feet

CBM Cubic Meter

 

Weight Units

—————-

KGS Kilograms

KT Kiloton

LBS Pounds

ST Short Tons (2000 LBS)

LT Long Tons (2240 LBS)

 

Rule: ACCESS TO TARIFF INFORMATION (30) – See www.iffusa.com and as per NRA with Shipper.

 

Rule: SEASONAL DISCONTINUANCE (31) – not applicable

 

Rule: RESERVED (32) – not applicable

 

Rule: PROJECT RATES (33) – not applicable

 

Rule: TERMINAL TARIFFS (34) – not applicable

 

Rule: TARIFF TITLE PAGE (35)

 

All information contained within this Tariff is true and accurate and no unlawful alteration will be permitted. IFF, INC. dba: IFF, INC. Organization Number: 005521, location of Tariff: www.iffusa.com a Non-Vessel Operating Common Carrier, 575-A Forest Parkway, College Park GA 30349, Tel. 404-305-9344, Fax 404-209-6741, naming governing rules and regulations applying thereto between ports and points in the U.S.A. and World ports and points and inland points.

For access to tariff information, see rule 30. For list of symbols and abbreviations, see rule 28 and 29.