FMC Rules Tariff

FMC Organization Number: 027751                                                        Effective Date: Sept. 25, 2019             

Non-Vessel Operating Common Carrier                                                Published Date: Sept. 25, 2019

                                                                                                                   Expiration Date: None

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 1: Scope 

 Effective: Sept. 25, 2019                    Expire Date: NONE                         Published: Sept. 25, 2019

Rules and regulations published herein apply between United States Atlantic, Gulf, Pacific and Great Lakes Ports, U.S. Territories and Possessions, U.S. Inland Points and Worldwide Ports and Points as specified in Rule 1.A of this tariff: 

U.S. ATLANTIC BASE PORTS (ACBP)

Baltimore, MD

Boston, MA

Chester, PA

Charleston, SC

Jacksonville, FL

Miami, FL

New York, NY

Newark, NJ

Norfolk VA

Philadelphia, PA

Savannah, GA

Wilmington, NC

U.S. GULF COAST BASE PORTS: (GCBP)

Houston, TX

Galveston, TX

New Orleans, LA

Tampa, FL

Mobile, AL

U.S. PACIFIC COAST BASE PORTS: (PCBP)

Port Hueneme, CA

Los Angeles, CA

Long Beach, CA

Oakland, CA

San Francisco, CA

Portland, OR

Seattle, WA

Tacoma, WA

GREAT LAKES BASE PORTS

Includes Chicago, IL

SUBSTITUTED SERVICE AND INTERMODAL SERVICE

A. SUBSTITUTED SERVICE

This provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the port originally intended.

B. INTERMODAL SERVICE

Carrier will provide through intermodal service via all combinations of air, barge, motor and rail service.

Intermodal Rates will be shown as single-factor through rates as specified in individual NRAs. Carrier's liability will be determined in accordance with the provisions indicated in their Bill of Lading (Rule 8 herein). Intermodal rates will apply via US Atlantic, Gulf or Pacific Coast Base Ports as specified in the individual NRA of this tariff. Intermodal rates will apply from locations specified in rule 1-B.

 Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 1-B: Intermodal Service

 Effective: Sept. 25, 2019                    Expire Date: NONE                         Published: Sept. 25, 2019  

 Intermodal through rates applies between points in the U.S. and worldwide destinations. 

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2A:  Application of NRAs and Charges 

 Effective: Sept. 25, 2019                    Expire Date: NONE                         Published: Sept. 25, 2019    

1. NRAs are stated in terms of U.S. Currency and or local currencies, as applicable, and apply per 1 Cubic Meter (M) or 1,000 Kilos (W), as indicated, whichever basis yields the greater revenue, except as otherwise specified. Where the word "Weight" or the letter "W" appears next to an article or commodity, weight rates are applicable without regard to measurement. Where the word "Measurement" or the letter "M" appears next to an article or commodity, measurement rates are applicable without regard to weight.
   NRAs and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided and agreed.
   NRAs indicated by W/M or WM are optional weight or measurement rates and the rate yielding the greater revenue will be charged.
2. Except as otherwise provided, all "Port" (i.e., Port-to-Port) rules published herein apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo. Tolls, Wharfage, Cost of Landing, and all other expenses beyond the port terminal area are for account of Owner, Shipper or Consignee of the cargo and all such expenses levied in the first instance against the Carrier will be billed in an equal amount to the Owner, Shipper or Consignee of the Cargo.
   NRAs are applicable from Inland Points which lie beyond port terminal areas. Such NRAs will be shown as single-factor through NRAs.
   Unless otherwise agreed to, such NRAs shall be inclusive of all charges pertinent to the transportation of cargo and not including Customs clearance assessments or Forwarding Charges, except as provided.
   Alternatively, at shipper's or consignee’s request, carrier will arrange for inland transportation as shipper's or consignee’s agent. All associated costs will be for the account of the cargo. Overland carriers will be utilized on an availability of service basis and not restricted to any preferred Carriers, except as Ocean Carrier deems necessary to guarantee safe and efficient movement of said cargo. (See item 16, re: Advanced Charges.)
   Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.
3. Packages containing articles of more than one description shall be rated on the basis of the NRA provided for the highest rated articles contained therein.
4. NRAs do not include Marine Insurance or Consular fees.
5. Description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with the validated United States Export Declaration covering the shipment. Carrier must verify the Bill of Lading description with the validated United States Export Declaration. Shipper amendments in the description of the goods will only be accepted if validated by United States Customs. Trade names are not acceptable commodity descriptions and shippers are required to declare their commodity by its generally accepted generic or common name.
6. Unless otherwise specified, when the NRAs are based on the value of the commodity, such commodity value will be the F.O.B. or F.A.S. value at the port of loading as indicated on the Commercial Invoice, the Custom Entry, the Import/Export Declaration or the Shipper's Certificate of Origin. The F.O.B. value and the F.A.S. value include all expenses up to delivery at the Loading Port.
7. The NRA shown except where predicated on specifically lower values or on an ad valorem basis, are subject to Bill of Lading limit of value.
8. Except as otherwise provided, NRAs apply only to the specific commodity named and cannot be applied to analogous articles.
9. FORCE MAJEURE CLAUSE: "Without prejudice to any rights or privileges of the Carrier's under covering Bills of Lading, dock receipts, or booking contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, natural disasters, embargoes, blockades, port congestion, strikes or labor disturbances, regulations of any governmental 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 in conformity with Federal Maritime Commission Regulations."
10. Any Tollage, Wharfage, Handling and/or other charges assessed against the cargo at Ports of Loading/Discharge will be for the account of the cargo. Any Tollage, Wharfage, Handling and/or Charges at Port of Loading in connection with storage, handling and receipt of cargo before loading on the vessel shall be for the account of the cargo.
    Any Additional Charges which may be imposed upon the cargo by Governmental Authorities will be for the account of the cargo.
11. TYPES OF SERVICE PROVIDED
    CY/CY (Y/Y)- The term CY/CY means containers packed by Shippers off Carrier's premises, delivered to Carrier's CY, accepted by Consignee at Carrier's CY and unpacked off Carrier's premises, all at the risk and expense of the cargo.
    CY/CFS (Y/S) - The term CY/CFS means containers packed by Shippers off Carrier's premises and delivered to Carrier's CY and unpacked by the Carrier at the destination port CFS, all at the risk and expense of the cargo.
    CFS/CFS (S/S) - The term CFS/CFS means cargo delivered to Carrier's CFS to be packed by Carrier into containers and to be unpacked by the Carrier from the containers at Carrier's destination port CFS, all at the risk and expense of the cargo.
    CFS/CY (S/Y) - The term CFS/CY means cargo delivered to Carrier's CFS to be packed by Carrier into containers and accepted by Consignee at Carrier's CY and unpacked by the Consignee off Carrier's premises, all at the risk and expense of the cargo.
    DOOR (D) - Door Service pertains to the carrier providing inland transportation from/to the shipper's/consignee's designated facilities.
12. SERVICE OPTIONS:

                a. The following service types are available in this tariff.
                   Container Yard (Y)

                    The term Container Yard refers to the specific location designated by the carrier                                

                    where the carrier assembles, holds or stores containers and where containers loaded 

                    with goods are received or delivered.
                  Container Freight Station (S)
                   The term Container Freight Station means the location designated by the carrier or 

                     his authorized agent for the receiving of goods to be stuffed into containers or for 

                     the delivery of goods stripped from the containers by the carrier or his agent.
                   Door (D)
                   Door Service pertains to the carrier providing inland transportation from/to the 

                    shipper's/consignee's designated facilities. Door Service is applicable only where 

                    specifically provided in the individual NRA or where specified in an Inland Rate Table.
                  Ocean Port (O)
                   If applicable, Ocean Port rates may apply from/to places where the common carrier 

                    originates or terminates its actual ocean carriage of cargo at the origin and 

                    destination ports. Tolls, Wharfage, Cost of Landing, and all other expenses beyond 

                    the port terminal area are for account of the cargo.

            b. Any combination of the above services may be offered, i.e.: O/O, O/D, D/D, Y/S, Y/Y, etc.

            c. Carrier may also utilize the following terminology to describe its services:
                  IPI Service, from Asia to USA
                  The term IPI service means shipments from Ports and Points in Asia discharged by                          

                   Carrier at US Pacific Coast Base Ports (PCBP) and moved via rail and/or truck to 

                   destination inland CFS, CY or Door points in the USA.

                  MLB Service (Mini Land Bridge), from Asia to USA
                 The term MLB service means shipments from Ports and Points in Asia discharged by 

                  Carrier at US Pacific Coast Base Ports (PCBP) and moved via rail and/or truck to 

                  destination CFS or CY at US Atlantic & Gulf Ports.
                 RIPI Service, from Asia to USA
                  The term RIPI service means shipments from Ports and Points in Asia discharged by 

                   Carrier at US Atlantic Coast Base Ports (ACBP) and moved via rail and/or truck to 

                   destination inland CFS, CY or Door points in the USA.

           13. ADVANCED CHARGES
             Advanced charges on bills of lading for collection from shipper/consignee will be 

              accepted provided such charges do not exceed the amount of freight on the bill of  

              lading, and provided they do not relate in any part to cargo cost and/or ocean freight 

              thereon, but cover only carrying and other legitimate expenses from/to carrier's terminal   

              at bill of lading origin/destination. Such charges accepted without carrier's responsibility 

              and full risk is for the party requesting such advance.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-020:  Diversion by Carrier

Effective: Sept. 25, 2019                      Expire Date: NONE                               Published: Sept. 25, 2019    

When the Ocean Carrier discharges cargo at a terminal port other than the port named in the ocean bill of lading, the ocean carrier may arrange, at its option, for movement via rail, truck or water, of the shipment from the port of actual discharge only as indicated hereunder:

1. To ocean carrier's terminal (motor, rail or water), at port of destination declared on the bill of lading at the expense of the ocean carrier. Carrier may, at their convenience, deliver cargo to ports in route between Carrier discharging terminal and carrier’s delivery terminal provided the NRAs are already provided for such destinations in individual commodity items.
2. The ocean carrier may forward cargo direct to a point designated by the consignee, provided the consignee pays the cost which he would normally have incurred either by rail, truck or water, to such point if the cargo has been discharged at the terminal port named in the ocean bill of lading within any commercial zone, such payment by the consignee shall be the cost he would normally have incurred to such point of delivery.

NOTE: In the event of cargo being discharged at carrier’s convenience at a port other than the port of destination named in the bill of lading, the NRA applicable to the port of destination named in the bill of lading shall be assessed. In no event shall any such transfer or arrangements under which it is performed by such as to result directly or indirectly in any lessening or would have borne had the shipment cleared through the port originally intended.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-040:  Container Capacity

 Effective: Sept. 25, 2019                      Expire Date: NONE                              Published: Sept. 25, 2019     

Where rules or NRAs make reference to capacity of containers, the standard capacity for purpose of freight rating shall be as indicated in each individual NRA.

NOTE 1: The combined weight of shipper-loaded cargo and containers with chassis and tractor shall not exceed the over-the-road weight limitation in various States of the U.S.A.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-060:  Measurement and Weight

Effective: Sept. 25, 2019                      Expire Date: NONE                              Published: Sept. 25, 2019     

Tariff reference to "W" and "M" signify 1,000 kilos and 1 cubic meter respectively. Whenever freight charges are assessed on a W/M "weight or measurement" basis or where rates are provided on both a "W" and "M" basis, the freight charges will be computed on the gross weight or the overall measurement of the pieces or packages, whichever computation produces the greater revenue to the Carrier.

1. All packages will be measured in CENTIMETRES and weight in KILOGRAMMES.
2. Rounding off- Dimensions
   Where parts of centimeter occur in dimensions, such parts below 0.5 cm. are to be ignored, and those of 0.5 cm. And over are to be rounded off to the centimeter above.
3. Calculating Cubic Measurements
   The three dimensions in centimeters (rounded off in accordance with (2)) are to be multiplied together to produce the cube of one package or piece in cubic meters to six decimals.
   In case of a single package the decimals are to be rounded off at the second decimal, i.e., if the third decimal is below 5 the second decimal remains unaltered; if the third decimal is 5 or higher the second decimal is to be adjusted upwards.
   In the case of multiple packages of like dimensions, the cube on one package to six decimals is to be multiplied by the number of packages and the total cube is then to be rounded off to two decimals under the foregoing procedure.
4. OFFICIAL MEASURERS AND WEIGHERS
   The straight loaded shipments of consolidator Cargo, stuffed at Carrier's nominated off dock CY locations, does not require measuring/weighing for purposes of confirming volume/weight of cargo. For such shipments, however, there must be a certificate from an officially appointed Sworn Measurer to confirm the exact location at which the shipment was stuffed into the container.
5. MISDESCRIPTION, UNDERWEIGHTS AND UNDERMEASUREMENT

• The carrier at loading port will assess freight on the shipments on the basis of the gross weights and/or measurements declared or deemed to have been declared by Shippers. Such assessment is subject to the terms and conditions of the carrier's Bill of Lading. Notwithstanding the foregoing Carrier may arrange at the port/point of destination for the verification of the description, measurement or weights of all such shipments as they, at their sole discretion, may decide and in all such cases the description, measurements or weights so obtained shall be used for determining the correct amount of freight which has to be paid and expense incurred should be for account of cargo.
• If the gross weights and/or measurements declared by the Shippers are less than those ascertained and if the Shippers, by notification to the Carrier, within seven (7) days of the vessels sailing from port of loading or the consignees, by notification to the Carrier prior to the shipment leaving the custody of the Carrier, maintain that the gross weights and/or measurements stated by them are correct, freight shall be assessed provisionally on the controllers' figures and subsequently adjusted, if necessary, after an outturn reweighing and/or re-measuring. If such outturn re-weighting, re-measuring and/or resurveying shows that the gross weights, measurements and/or description were understated and/or misdeclared by the Shippers, re-measuring and/or resurveying shall be for the account of the cargo.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-080:  Shipper's Load and Count

Effective: Sept. 25, 2019                        Expire Date: NONE                             Published: Sept. 25, 2019     

 When containers are loaded and sealed by shipper, carrier or its authorized agent will accept same as "Shipper's load and count" and the Bill of Lading shall be so noted, and:
No container will be accepted for shipment if the weight of the contents thereof exceeds the weight carrying capacity of the container.
Carrier will not be directly or indirectly responsible for:
1) Damage resulting from improper loading or mixing of articles in containers, or shipper's use of unsuitable or inadequate protective and securing materials when loading to open-side flat-rack type containers.
2) Any discrepancy in count or concealed damage to articles.
Except as otherwise noted, shipments destined to more than one port of discharge may not be loaded by the shipper into the same container.
Except as otherwise provided, materials, including special fittings, and labor required for securing and properly stowing cargo in containers moving in CY service, including but not limited to lashing, bulkheads, cross members, platforms, dunnage and the like must be supplied by shippers at their expense and the carrier shall not be responsible for such materials nor their return after use. The carrier shall not be liable in any event for any claim for loss or damage to the cargo arising out of improper or inadequate mixing, stuffing, tallying or bracing of cargo within the container.