Welcome to the DTF Ocean Freight Tariff.

DTF Logistics is a Federal Maritime Commission Licensed OTI/NVOCC:  FMC License Number 026381

Table of Contents:

  • Negotiated Rate Agreements
  • Ocean Freight Rates
  • Surcharge and Accessorial Rules
  • Terms & Conditions
  • Tariff Rules Information
  • SOLAS VGM – Safety of Life at Sea, Verified Gross Mass

Negotiated Rate Agreements:

DTF Logistics hereby provides notice of its intent to invoke the FMC’s tariff publication/adherence exemption pursuant to 46 CFR Part 532, et seq., the Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements (NRA); Tariff Publication Exemption.  An NRA is a written and binding arrangement between a shipper or consignee and Carrier to provide specific transportation service for a stated cargo quantity from origin to destination on and after receipt of the cargo by Carrier or its agent (originating carrier in the case of through Transportation).

All NRAs entered into by DTF Logistics will either: (1) offer an all-in rate inclusive of all applicable surcharges, accessorials and fees; or (2) will specify the applicable surcharges, accessorials and fees within the NRA.

Ocean Freight Rates:

Where a Negotiated Rate Agreement is not filed, DTF Logistics maintains the following ocean freight pricing:

IMPORTS to the USA:

$500 per Cubic Meter, $22,000/20′, $25,000/40′, $26,000/HQ, $30,000/45′ all-inclusive rate from all Asia, Europe or Latin America Ocean Ports to all U.S. or Canadian Rail Ramps and Ocean Ports.  All commodities except: Hazardous, Out of Gauge, Flat Rack, Open Top and Containerized cargo in excess of 38,000 lbs/20′, 42,000 lbs/40′, 43,000 lbs/High Cube or 45′.  Exceptions to be priced on a per-shipment basis.

EXPORTS from the USA:

$600/Cubic Meter, 22,000/20′, $25,000/40′, $26,000/HQ, $30,000/45′ all-inclusive rate from all U.S. or Canadian Rail Ramps and Ocean Ports to any ocean port in Asia, Europe or Latin America.  All commodities except:  Hazardous, Out of Gauge, Flat Rack, Open Top and Containerized cargo in excess of 38,000 lbs/20′, 42,000 lbs/40′, 43,000 lbs/High Cube or 45′.  Exceptions to be priced on a per-shipment basis.

Inland Over-the-Road Rates:

Where a Negotiate Rate Agreement is not filed, DTF Logistics charges $50 per mile, including fuel.

Surcharge and Accessorial Rules:

All freight rates in the DTF Ocean Freight Rate tariff are inclusive of the following surcharges:

BAF (Bunker Adjustment Factor), CAF (Currency Adjustment Factor), Destination Terminal Handling Charge (imports), Origin Terminal Handling Charge (exports), Inland Fuel Surcharge.

Rates may be subject to any of the following charges when applicable depending on the lane pair involved:

Charge Code and Description:

AMF – Transport Document Amendment Fee $100/BL   The fee assessed for Transport Documents amended at the request of the shipper, consignee or their agent.  Applies for all lane pairs.

CAM – Cargo Declaration Amendment Fee    $100/BL The fee is assessed in case of amendment of cargo declarations electronically.  Applies for all lane pairs.

CAP – Capatazia
The charge associated with specific costs at discharge or origin terminals in Brazil

CCL – Container Cleaning $400/container
The charge associated with cleaning the container if requested by the shipper. Applies for all lane pairs.

CER – Government Agency Certification $200/BL
The service is associated with arranging government agency certification at the request of the customer, if requested.  Applies for all lane pairs.

CLL – Cancellation Fee $100/booking
The fee assessed on services ordered by the shipper, consignee or their agent and consequently cancelled.  Applies for all lane pairs.

COD – Change of Destination $100 /BL
The charge is assessed for changing the destination of the cargo on the bill of lading. Applies for all lane pairs.

DCF – Dangerous Cargo Documentation Fee $150/BL
The charge is associated with documentation processing for dangerous cargo, if required. Applies for all lane pairs.

DCI – Dangerous Cargo Surcharge – Inland $100/container
The charge is associated with inland transportation of dangerous goods within the USA or Canada.

DDF – Documentation Fee – Destination $50/BL
The charge is associated with documentation processing at destination.  Applies for all lane pairs.

DIT – Detention in Transit
The charge is associated with customer requested delay of shipment, in or out of the USA or Canada

DMR – Demurrage Equipment Charge At Cost per Day
The charge is assessed on shipper, consignee or their agent for the utilization of equipment beyond the allowed free time

DTS – Detention/Demurrage Combination Equipment Charge (Merchant Haulage) At Cost per Day
The charge assessed on shipper, consignee or their agent for the delay in making  equipment available beyond allowed free time

EXA – Examination Charge  At Cost dependin on Nature of the Exam                   The Charge is associated with a container needing to be drayed to an examination (inspection) station for various types of exams.  Applies for all lane pairs.

FUM – Fumigation $300/container
All expenses related to the fumigation, including drayage to/from the facility, shall be for the account of the cargo.  Applies for all lane pairs.

IBC – Transfer to Bonded Warehouse  At Cost
The service of transferring container to bonded warehouse in USA or Canada, on customer’s request

ICF – Inland Cancellation Fee $100/container
This fee is associated with cancellation of inland transportation in USA or Canada

IEC – Inspection Empty Containers $200/container
The charge is associated with the inspection of empty containers on the request of the shipper.  Applies for all lane pairs.

IMO – Dangerous Cargo Surcharge Vairable
Fee assessed on Cargo of a hazardous nature as classified under IMO regulations.  Applies for all lane pairs.

OOG – Out Of Gauge Additional   Vaires depending on extent of out of gauge  The charge is assessed when cargo is over gauge.  Applies for all lane pairs.

PHI – Government Agency Inspection At Cost
The charge is associated with arranging government agency inspections on behalf of the customer.  Applies within USA and Canada

PSE – Port Security Charge – Export $15/container
The fee associated with export port security cost in the USA and Canada

PSI – Port Security Charge – Import $15/container
The fee associated with import port security costs in the USA and Canada

SER – Carrier Security Charge $15/container
The charge associated with compliance to the ISPS code on vessel and container security measures.  Applies for all lane pairs.

Terms & Conditions:

The following terms and conditions are also reflected on the DTF Logistics Bill of Lading

DEFINITIONS  

“Carrier” means DTF Logistics, LLC on whose behalf this Bill of Lading has been issued as indicated on the face hereof, whether acting as carrier, bailee or agent.

“Carriage” means the whole or any part of the operations and services described by this document as undertaken by or on behalf of the Carrier in respect of the Goods.

“Container” means any container, trailer, transportable tank, flat rack, pallet, skid, drum or any similar article of transport.

“Dangerous or Hazardous Goods” means Goods classified, designated or described as dangerous by any statute, regulation, or the Dangerous Goods code issued by the International Maritime Organization and also includes any Goods which are or may be unstable or present a hazard or danger to the conveyance in which they are carried or to other property, goods or any person, whether or not the Goods are identified as dangerous by any authority.

“Goods” means any and all property (cargo) described on the face hereof or on an attached or referenced manifest, to specifically include live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Carrier, irrespective of whether such cargo is to be or is carried on or under deck.

“Merchant” means and includes the shipper, consignee, receiver, holder of this document, owner of the Goods, person entitled to the possession of the Goods, and any person, corporation, company or other legal entity having any interest in the Goods, or anyone acting on behalf of any such person or entity.

“Multi-Modal Transportation” means and refers to Carriage of Goods under this Bill of Lading which includes both Carriage by a Vessel and Carriage by one or more inland (surface) motor and/or rail carriers.

“Subcontractor” shall include all direct and indirect subcontractors of Carrier and their respective subcontractors, servants and agents, including vessel operators, motor and rail carriers, warehousemen, stevedores, and container freight stations.

“Vessel” means and includes the vessel set forth on the front page hereof, as well as any other vessel, ship, craft, lighter or other water conveyance used to perform the Carriage or upon which the Goods are loaded for any purpose.

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  1. APPLICABILITY OF THESE TERMS:

These Terms and Conditions for Carriage shall apply to all modes of Carriage utilized to transport the Goods, and the Carrier’s responsibility to the Merchant for the Goods shall terminate at the time of delivery under Clause 11.  These Terms and Conditions of Carriage shall apply to all claims against the Carrier relating to the performance of the Carriage, whether the claim is founded in contract or in tort, including, but not limited to, claims for indemnity and contribution.  In agreeing and accepting the terms of this document, the shipper acts for itself and also each Merchant and warrants it has authority of each Merchant to bind each Merchant to the terms of this document.

  1. ENTIRE AGREEMENT AND SEVERABILITY:

2.1       In addition to the terms herein, Carriage of Goods is also subject to all of the terms and provisions of Carrier’s tariffs on file or published or required to be filed or published, as the case may be, with or by the Federal Maritime Commission or other regulatory body that may govern particular portions of the Carriage.  The relevant provisions of the applicable tariff(s) are publicly accessible and/or shall be provided by Carrier or its representatives upon request.  In case of inconsistency between this document and any applicable tariff(s), this document shall prevail except as otherwise required by law.

2.2       This document and the incorporated tariff terms constitute the entire agreement of the parties. No servant or agent of Carrier shall have the power to terminate, waive or vary any term of this document unless such termination, waiver or variation is in writing and is specifically authorized or ratified in a writing signed by Carrier.

2.3       If any term herein is rendered unenforceable, such unenforceability shall attach only to the offending provision or part thereof and the remaining part of such provision and all other provisions herein shall continue in full force and effect.

  1. NEGOTIABILITY OF DOCUMENT AND CARRIER’S RELEASE OF GOODS:

3.1       This Bill of Lading shall be a negotiable document of title only if consigned “to order,” or order of a named consignee.  In all other circumstances, or in the event of ambiguity, this Bill of Lading shall be presumed to be non-negotiable.

3.2       If negotiable, an original bill of lading, properly endorsed, is required to be surrendered when the Goods are delivered. If the person receiving the Goods wishes to take delivery without surrender of an original endorsed bill of lading, and if Carrier agrees in its exclusive discretion to deliver the Goods without such surrender, the person receiving the Goods agrees to fully indemnify Carrier against all damages and liabilities which Carrier may incur as a result of delivering the Goods without such surrender. Upon surrender of one original bill of lading, all other original bills of lading will be immediately void. Negotiable bills of lading will in all events become void as a document of title six months after date of issuance, provided the terms of this document shall still apply and Carrier shall continue to be entitled to all rights and limitations of liability herein.

3.3       If this Bill of Lading is non-negotiable, delivery of the Goods may be made, at the sole discretion of the Carrier, to the nominated consignee without surrender of an original counterpart; such delivery shall constitute due delivery hereunder.  Carrier may nevertheless in its exclusive discretion, but shall not be required to, demand surrender of an original endorsed non-negotiable bill of lading before release of the Goods.

3.4       Whether a negotiable bill of lading or a non-negotiable bill of lading, the person receiving the Goods in any and all events warrants their entitlement to such receipt and agrees to indemnify Carrier against all damages and liabilities which Carrier may incur as a result of releasing the Goods.

  1. CARRIER’S SUBCONTRACTORS, SERVANTS AND AGENTS:

4.1       All or part of the Carriage may be performed by subcontractors, servants and agents of the Carrier without prior notice of the same to Merchant.  Carrier may freely engage such third parties in accordance with their applicable terms and conditions, which shall in all events be binding upon Merchant.

4.2       If the Goods are lost, damaged, or delayed on the sea portion of the Carriage, and the vessel owner or demise charterer seeks to limit its liability pursuant to 46 U.S. Code §§ 181 et seq. or pursuant to a similar limitation regime of another nation, claims or suits may only be brought against that Vessel owner or demise charterer.  In all other circumstances, claims or suits may only be brought against Carrier. In the event a claim or suit is nevertheless brought against any Subcontractor, servant or agent of Carrier, that party is entitled to all exceptions, exemptions, defenses, immunities, limitations of liability, privileges and conditions granted or provided to Carrier under this document as a third party beneficiary.  The aggregate of the amounts recoverable from the Carrier, its subcontractors, servants and agents shall in no event exceed Carrier’s liability limit as provided by the terms and conditions of this contract for carriage.

  1. DESCRIPTION AND COMPLIANCE OF GOODS, SOLAS WEIGHT CERTIFICATION, INSPECTION OF GOODS:

5.1       This document constitutes a receipt only for the external condition of the Goods visible to Carrier.

5.2       Merchant warrants that, unless special carriage is requested and paid for, the Goods are fit to be carried in an unventilated, unheated, unrefrigerated Container or other stowage space and withstand condensation / container “sweat.”

5.3       Merchant warrants that the description, marks, numbers and quantities of the Goods, as well as designation of Merchants, are accurate, complete and comply with all regulations.  Merchant shall have the exclusive burden to provide verified gross mass (VGM) of Goods as obtained on calibrated and certified equipment.  Carrier shall be entitled to rely on the accuracy of the VGM provided by Merchant for all purposes, including compliance with the VGM requirement under the International Convention for the Safety of Life at Sea (SOLAS).  Carrier shall be entitled to tender, counter-sign or endorse such certificates, weight tickets or other weight data provided by Merchant as Carrier’s own VGM to subcontractors, including the Vessel operator.  Merchant agrees that it shall be responsible even for slight differences for whatever reason in the declared and actual VGM, and agrees to indemnify and hold Carrier harmless from any and all claims, losses, penalties and/or costs resulting from such incorrect VGM or other information provided by Merchant.  Merchant agrees that any inaccuracy or delay in provision of the VGM could result in a delay of shipment and further agrees that Carrier shall not be liable for any delay resulting from Merchant’s late, inaccurate or missing VGM.

5.4       Merchant has the exclusive obligation to ensure, and hereby warrants, the Goods and Merchants are compliant with all relevant authorities and are legally eligible for Carriage in all respects under all relevant governing laws and regulations.

5.5       Without any obligation to do so, the Carrier shall have unrestricted liberty to inspect the packaging and contents of the Goods for any purpose and to inquire and verify the accuracy or sufficiency of information provided and to seek assurances.  Any discrepancies may result in shipment delay, cancellation and/or additional charges assessed by the Carrier.  The Carrier may disclose and report, whether on a mandatory or voluntary basis, any and all regulatory non-compliance to authorities; such authorities may exercise forfeiture and/or assess penalties against Merchant.

  1. HAZARDOUS OR DANGEROUS GOODS:

6.1       Carrier may accept or reject at its exclusive discretion Dangerous or Hazardous Goods offered for transportation.

6.2       Merchant shall comply with applicable law relating to the Carriage of Dangerous or Hazardous Goods and shall inform Carrier in writing prior to tender of the Goods the exact nature of the danger or hazard and indicate the precautions to be taken. If Merchant fails to provide such information and the Goods are deemed a hazard to life or property, the Goods may at any place be unloaded and destroyed without liability and on the account of Merchant for costs. The burden of proving Carrier knew and accepted the exact nature of the danger and hazard constituted shall be upon Merchant.

6.3       If the Goods become a danger to life or property, they may in like manner be unloaded or landed at any place or destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the Carrier, it shall have no liability and the Merchant shall indemnify the Carrier of all damages and liabilities arising therefrom.

  1. LIMITED COGSA CLAUSE PARAMOUNT:

Whether or not applicable by force of law, and except as specifically provided in this Clause 7 and in Clause 8.1, the United States Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 30701 (Note), is incorporated by reference as terms of this contract for Carriage whether the Goods are carried on or under deck, whether or not the Carriage is in U.S., foreign trade, between U.S. ports, or between non-U.S. ports, before the Goods are loaded on and/or after the Goods are discharged from the Vessel, and throughout the entire time the Goods are in the custody or are the responsibility of Carrier in performing the Carriage hereunder, whether acting as carrier or bailee.  Nothing contained herein shall be deemed a surrender by Carrier of any of its rights or immunities or an increase of any of its responsibilities under COGSA.  Notwithstanding the foregoing, the provisions of 46 U.S.C. §§ 30701 (3)(8) and (4)(5) of COGSA addressing minimum liability of the Carrier are excluded from incorporation by reference and shall only apply when required by force of law.

  1. CARRIER’S LIABILITY:

8.1       Unless the shipper declares a higher value as provided at Clause 8.5, Carrier’s liability shall be limited as follows: (a) for loss or damage occurring during any portion of the Carriage governed by COGSA by force of law, Carrier’s liability shall be limited to a maximum of $500 per package of the portion of Goods adversely affected, or for Goods not shipped in packages, per customary freight unit; (b) for loss or damage occurring during any portion where COGSA is otherwise incorporated herein but is not applicable by force of law, to include periods of domestic water carriage and inland (surface) transportation, Carrier’s liability shall be limited to a maximum of the lesser of $500 per Package or $0.50 per pound of the portion of Goods adversely affected; (c) for error or omissions arising from agency (non-carrier) services ancillary to the Carriage, Carrier’s liability is limited to independent negligence and to $50 per entry or shipment; (d) in the event of loss or damage subject to mandatory applicable law which invalidates Carrier’s otherwise applicable maximum contractual liability hereunder, Carrier’s liability shall be limited to the lowest amount permissible by / in accordance with such applicable law.

8.2       In any and all events, nothing in this document shall constitute a surrender of any liability immunity or limitation inuring to Carrier’s benefit under any applicable law, even if such immunity or limitation by law results in a liability of Carrier less than the otherwise applicable maximum contractual liability hereunder.

8.3       For purposes of Carrier’s liability, when it cannot be ascertained at what stage of Multi-Modal Transportation the loss or damage occurred, it shall be presumed to have occurred during periods of inland (surface) transportation.

8.4       For purposes of Carrier’s liability, and for good and valuable consideration to Merchant in the form of freight rate, the package or customary freight unit shall be the object and unit referred to in the “No. of Pkgs.” column on the face of this document and in the absence of designation in such column shall be deemed the Container.

8.5       The Merchant may avoid the liability limitations hereunder, or any other liability limitation imposed by applicable law, by unequivocally declaring the value of the Goods for liability purposes to Carrier in writing prior to Carriage and paying Carrier an ad valorem freight rate.  Such declared value shall only be binding upon Carrier to the extent also memorialized and indicated on the face of this document.  Carrier’s knowledge of the value of Goods and/or Merchant’s declaration of the value of the Goods to Carrier in regular course or for any other purpose, such as for Customs purposes, shall in no event constitute a declared value of the Goods to Carrier for liability purposes.

8.6       In no event shall Carrier be liable for special, incidental or consequential damages, lost profits or revenues or loss of merchantability of the Goods, whether or not Carrier had notice or knowledge that such may occur.

8.7       In no event shall Carrier’s aggregate liability exceed the actual value of any loss or damage or the replacement value of the Goods adversely affected, whichever is lower.

8.8       Carrier does not guarantee delivery of the Goods at the port of discharge or place of delivery at any particular time or to meet any particular market or use.  Carrier shall have no liability for any direct or consequential damages arising from delay or failure to notify Merchant as to the actual arrival and/or delivery date of the Goods.  In the event Carrier is nevertheless for any reason found liable for delay, Carriers liability shall in all circumstances be limited to the lesser of the liability calculated pursuant to Clause 8.1 hereunder or twice the amount of freight charges billed Merchant for the Carriage.  If the Goods are not delivered within 90 days of anticipated delivery date, the Goods shall be deemed lost, in the absence of contrary evidence.

8.9       Notwithstanding anything herein to the contrary, Carrier shall in no event have any liability whatsoever for any loss, damage, delay or failure in performance hereunder arising from or attributable to: (a) circumstances of inherent defect, quality or vice of the Goods, including but not limited to wastage in bulk or weight; (b) defective or insufficient packing not reasonably fit to withstand the ordinary rigors of contemplated transportation; (c) insufficiency or inadequacy of marks on or description of Goods; (d) any act or omission of Merchant, its agent or representative; (e) unsuitable or defective container provided by Carrier if such unsuitability or defect would have been apparent to Merchant upon reasonable inspection; (f) arrest or restraint of princes, rulers of people or seizure under legal process, quarantine restrictions or embargo or any act of any public authority; (g) act, neglect or fault of the master, mariner, pilots or the servants of Carrier in the navigation or management of the Vessel; (h) any act of barratry; (i) perils, dangers, and accidents of the sea or other navigable waters; (j) saving or attempting to save life or property at sea or any deviation in rendering such service; (k) bursting of boilers, breakage of shafts or any latent defect in hull, equipment, machinery, hawsers or lines, unseaworthiness unless caused by want of due diligence by Carrier to make the Vessel seaworthy or to have her properly manned, equipped and supplied; (l) fire unless caused by the actual fault or privity of Carrier or its subcontractors, servants or agents; (m) any force majeure event, to include but not be limited to, natural disasters, strikes or lockouts or stoppage/restraint of labor from whatever cause, civil unrest, acts of war or armed conflicts and acts or threatened acts of public enemies, terrorists, pirates, hijackers or assailing thieves; (n) latent defects not discoverable by due diligence of Carrier or its subcontractors, servants or agents; (o) any cause arising without the fault or privity of the Carrier, its subcontractors, servants or agents.

8.10      Merchant shall indemnify Carrier against any claim by a third party or assignee of Merchant which imposes or attempts to impose upon Carrier any liability in connection with the Goods other than or in excess from that as provided herein, whether or not arising from negligence of Carrier, its subcontractors, servants or agents.

  1. METHOD AND ROUTE OF TRANSPORTATION

Without notice to the Merchant, Carrier has liberty and discretion to consolidate the Goods with other cargoes, carry the Goods on or under deck and to choose or substitute the method, means, route, mode and procedure to accomplish the Carriage.

  1. MERCHANT LIABILITY FOR EQUIPMENT

Merchant shall assume full responsibility for and shall indemnify Carrier against any loss of or damage to Containers and other equipment provided by Carrier or its subcontractors, servants, or agents which loss or damage occurs while in the possession or control of Merchant, its agents or independent vendors engaged by or on behalf of Merchant.  Merchant shall indemnify and hold Carrier harmless from and against any loss of or damage to property of other persons or injuries to other persons caused by Containers or the Goods during handling by, or while in the possession or control of, Merchant, its agents or any independent vendors engaged by or on behalf of Merchant.

  1. DELIVERY

11.1     The Goods shall be deemed to be delivered when they have been delivered to or placed at the disposal of the Merchant or its agent in accordance with this Bill of Lading, or when the Goods have been delivered to any authority or other party to which, pursuant to the law or regulation applicable at the place of delivery, the Goods must be delivered or surrendered, or such other place at which the Carrier is entitled to call upon the Merchant to take delivery.

11.2     The Carrier shall also be entitled to store the Goods at the sole risk of the Merchant, and the Carrier’s liability shall cease upon the Carrier’s tender/delivery of the Goods to the appointed warehouse or storage facility. The cost of such storage shall be paid, upon demand, by the Merchant to the Carrier.

11.3     If at any time the Carriage is or is likely to be affected by any hindrance or risk of any kind (including the condition of the Goods) not arising from any fault or neglect of the Carrier, its subcontractors or agents, the Carrier may: abandon the Carriage of the Goods and, where reasonably practicable, place the Goods or any portion of them at the Merchant’s disposal at any place that the Carrier may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Carrier in respect of such Goods shall cease. In such event, the Carrier shall be entitled to full freight under this Bill of Lading and the Merchant shall pay any additional costs arising out of such event.

  1. FREIGHT CHARGES AND EXPENSES TO MERCHANT

12.1     Freight charges shall be paid without any reduction or deferment on account of any claim, counterclaim or set-off, whether prepaid or payable at destination. Freight charges shall be deemed earned by the Carrier upon its receipt of the Goods. Earned freight charges are non-refundable.

12.2     Freight charges and all other amounts due Carrier for the Carriage are to be paid in the currency named in this Bill of Lading or, at the Carrier’s option, in the currency of the country of origin or destination.

12.3     The Merchant shall reimburse and indemnify the Carrier for any duties, taxes, demurrage, detention, charges, liabilities or other expenses whatsoever in connection with the Goods or arising from any breach of warranty by Merchant hereunder or from any cause or reason not exclusively attributable to a liability of Carrier, its subcontractors, servants or agents.

12.4     In the event Merchant breaches its warranty as to the accuracy and completeness of the description and the marks, numbers, quantities and VGM of the Goods, resulting in a lower freight charge than should be due and owing carrier based upon actual correct and complete description, marks, numbers, quantities and weight of the Goods, it is agreed that a sum equal either to double the correct freight charges properly assessed based upon actual correct and complete description, marks, numbers, quantities and weight of the Goods, less the freight previously calculated or charged, shall be payable as liquidated damages to the Carrier.  Such liquidated damages shall only relate to freight charges; Carrier reserves all rights to recover from Merchant other damages caused by Merchant’s breach of its warranty as to the accuracy and completeness of the description and the marks, numbers, quantities and weight of the Goods.

12.5     Notwithstanding the acceptance by the Carrier of instructions to collect freight charges or other expenses relating to the Carriage from any specific person, Merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason.  Shipper, consignee and bill-to parties are jointly and severally liable for all charges and expenses related to the Carriage.  Charges may be reversed to the responsible parties if the Goods are refused delivery or in the event payment is not made by the original bill-to party.

  1. LIEN

13.1     The Carrier shall have a lien on any and all of the Merchant’s property for all advances, claims, costs, freight charges, duties, surcharges, general average expenses, salvage expenses, taxes, demurrage, money due and payable to the Carrier by Merchant, including any lien and collection-related costs, whether or not related to the Carriage of Goods under this document, a prior transaction / an unrelated claim and/or any combination of the foregoing. The lien on the Goods shall survive delivery to the Merchant.  Carrier may sell the Goods privately or by public auction without notice to the Merchant. If upon sale of the Goods the proceeds fail to satisfy the amount due Carrier, together with the cost and expenses incurred, Carrier shall be entitled to recover any difference from Merchant.

13.2     If the Goods are unclaimed after 30 days from date the Goods are placed at the disposal of the Merchant, or whenever in the Carrier’s judgment the Goods will become deteriorated, decayed or worthless, the Carrier may, at its discretion and subject to its lien and without any responsibility attaching to it, sell, abandon, or otherwise dispose of the Goods solely at the risk and expense of the Merchant.

  1. GENERAL AVERAGE

14.1     In the event of accident, danger, damage or disaster before or after the commencement of the Carriage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier and its subcontractors, servants and agents are not responsible by statute, contract or otherwise, the Goods and the Merchant shall contribute 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, its subcontractors, servants or agents, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers.  Such deposit as the Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the Goods and/or the Merchant prior to delivery.

14.2     Merchant shall defend, indemnify and hold harmless the Carrier, its subcontractors, servants or agents in respect of any claim (and any expense arising therefrom) of a General Average which may be made against the Carrier and/or any of its subcontractors, servants or agents.  Merchant agrees to pay any and all sums or securities assessed by the General Average Adjuster for payments on account.

14.3     Neither the Carrier nor its subcontractors, servants or agents shall be under any obligation to take any steps whatsoever to post security for General Average or to collect security for General Average contributions due from the Merchant.  Notwithstanding the foregoing, Carrier is authorized at its discretion to act on behalf of the Goods in any salvage proceeding at the sole expense of Merchant, unless Merchant arranges for separate representation.

  1. NOTICE OF CLAIM AND TIME FOR SUIT

15.1     Unless the Merchant provides written notice to the Carrier of the general nature of any loss or damage to the Goods at the time the Carrier delivers the Goods to the Merchant, such delivery by the Carrier is prima facie evidence of the Carrier’s delivery of the Goods in good order and condition.

15.2     Where the loss or damage is not apparent and/or latent, the same prima facie presumption shall apply if notice in writing is not given to Carrier within 3 days after the day when the Goods were delivered to the Merchant.

15.3     The Carrier shall be discharged of all liability unless suit is brought against the Carrier within one year from the date of delivery or the date on which the Goods should have been delivered.

  1. MANDATORY VENUE, JURISDICTION, AND APPLICABLE LAW

Merchant agrees that all claims or disputes hereunder or questions arising out of the Carriage of the Goods shall be determined under United States law solely in the United States District Court for the Central District of California at Los Angeles, to the exclusion of all other courts, and the Merchant and Carrier each agree to submit to the personal jurisdiction of that Court; provided, however, where the Vessel operator issues a bill of lading for the transportation of the Goods that includes a mandatory venue clause for a mandatory venue other than the Central District of California, the Merchant expressly agrees to be bound by the mandatory venue clause of the Vessel operator’s bill of lading for any claims, disputes, or questions that the Merchant has against the Carrier and any subcontractor, servant or agent of Carrier. Merchant agrees that equity and judicial efficiency require that a single action shall resolve all claims, disputes, or questions arising out of the Carriage of the Goods.

Tariff Rules Information:

Rule 1:  Scope

Rules and regulations published herein apply FROM/TO all United States Atlantic, Gulf, Pacific and Great Lakes Ports, U.S. Territories and Possessions and U.S. Inland Points TO/FROM all Worldwide Ports and Points.

SUBSTITUTED SERVICE (ALTERNATE PORT 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 shippers would have borne had the shipment cleared through the port originally intended.

Intermodal rates will be shown as single-factor through rates as specified in individual NRAs, or combination through rates constructed by the addition of applicable inland rate factors.

Carrier’s liability will be determined in accordance with the provisions indicated in their Bill of Lading/Waybill.

Rule 2:  Intermodal Service

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

Rule 3:  Application of Charges

For LCL shipments, charges apply per 1 cubic meter (M) or 1,000 kilograms (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.

Minimum LCL charge per shipment is equal to 1 metric ton or 1 CBM.

All freight charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided.

All freight charges indicated by W/M or WM are optional weight or measurement rates and the rate yielding the greater revenue will be charged.

Except as otherwise provided, all charges apply from/to places where the 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 the account of Merchant.

Charges may be shown as all-inclusive rates or a combination of rates constructed by the addition of applicable inland rate factors.      Alternatively, at shipper’s request, Carrier will arrange for inland transportation as shipper’s agent.  All associated costs will be for the account of the Merchant. Overland carriers will be utilized on an availability of service basis and not restricted to any preferred carriers, except as Carrier deems necessary to guarantee safe and efficient movement of said cargo.  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 the 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 Carrier.

Except as otherwise provided, charges apply only to the specific commodity named and cannot be applied to analogous goods.

Any additional charges which may be imposed upon the cargo by governmental authorities will be for the account of the Merchant.

FCL Pick-up/delivery charges are based on live loads/unloads at the place of receipt/place of delivery with 2 hours of free time.

Demurrage, detention, port storage and chassis charges will be for the account of the Merchant.

Rule 4:  LIMITATION OF SERVICE

  1. A prior booking is required for all shipments.
  2. The Carrier is not obligated under these rules and specific NRA’s to transport goods for which suitable equipment is not available, nor is transportation to be performed under impractical or unsafe circumstances in the judgment of the Carrier.
  3. Nothing in these rules and NRA’s shall be construed as to create any obligation for the Carrier to institute or maintain any services from or to any places.

Rule 5:  SHIPPERS LOAD, STOWAGE, COUNT AND SEAL

Where containers are loaded by shipper or his agent and sealed, Carrier will accept such shipments subject to “Shipper’s Load, Stowage, Count and Seal” and Bill of Lading/Waybill 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.  The Carrier reserves the right to open and inspect the contents of a container and so indicates on the Bill of Lading/Waybill, resealing the container.  When containers loaded with goods moving subject to shipper’s load, stowage, count and seal are delivered to consignee or his agent, consignee or his agent must furnish the Carrier with a claim-free receipt prior to release of container or contents for delivery.

Rule 6:  CUSTOMS CLEARANCE                 Goods not cleared through customs for any reasons may be turned over to the customs authorities without any further responsibility on the part of DTF Logistics.

Rule 7:  MEANS OF TRANSPORTATION

Carrier shall be obligated to transport or arrange for transport of goods with reasonable dispatch.  Selection of water carriers, railways, motor or air carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of Carrier.  Carrier is free to choose any underlying carrier and any routing necessary to transport cargo through any Ports of Loading and/or Discharge.

Rule 8:  MARKING OF FREIGHT

  1. Each single carton, package or other separate articles MUST be plainly and durably marked with the name and address of the shipper and the name and address of the consignee.
  2. Export marks may be used as marking identification in lieu of names and addresses, provided such marks can be readily matched with the descriptions shown on the dock receipt and other papers accompanying the shipment.
  3. The shipper will be liable, and solely responsible for any loss, damage, misrouting or other problems resulting from non-compliance with Paragraphs A and B in this rule

 

Rule 9:  PACKAGING REQUIREMENTS

  1. Where packing requirements are specified the rate will only apply when the commodity is tendered in the packing specified.
  2. Where no package specifications are prescribed in the individual items, the goods will be accepted in any package which, in the judgment of the Carrier, adequately protects the goods from any damage in ordinary handling, stowage and transport.
  3. Any article which, by its very nature, may be shipped without boxing, crating or wrapping without danger by ordinary handling and stowage, will be considered as “suitably packaged”.

Rule 10:   Co-Loading in Foreign Commerce

DEFINITION: Co-loading shall mean the combining of cargo, in the import or export foreign commerce of the U.S., by two or more NVOCC’s for tendering to an ocean carrier under the name of one or more of the NVOCC’s.

EXTENT OF ACTIVITY:  Carrier participates in co-loading agreements on a carrier-to-carrier relationship.  Carrier shall notify shipper of such action by annotating each applicable Bill of Lading/Waybill with the identity of any other NVOCC with which its cargo has been co-loaded. And/or Carrier participates in co-loading on a Shipper/Carrier relationship, meaning the receiving NVOCC issues a Bill of Lading/Waybill to the tendering NVOCC for carriage of the co-loaded cargo. Carrier shall coload cargo at its discretion and shall notify Shipper of such action by annotating each applicable Bill of Lading/Waybill with the identity of any other NVOCC with which its shipment has been co-loaded. Where Carrier is the tendering NVOCC, Carrier shall be responsible to the receiving NVOCC for payment of any charges for the transportation of the cargo.

LIABILITY: Carrier’s liability to the Shipper shall be as specified on the Shipper’s Bill of Lading/Waybill regardless of whether or not the cargo has been co-loaded.

SPECIAL RULES AND REGULATIONS APPLICABLE TO CO-LOADING ACTIVITIES OF NON-VESSEL OPERATING COMMON CARRIERS          DTF Logistics occasionally tenders cargo to other NVOCC’s for Co-Loading with that NVOCC’S cargo instead of tendering cargo directly to a Vessel Operating  Common  Carrier (VOCC) for through or Ocean Transportation, in order to obtain the most cost effective and/or expeditious transportation of the shipment possible.  The tendering of cargo to another NVOCC for Co-Loading does not increase, reduce, alter or remove Carrier’s liability for the cargo as stated in the Carrier’s  Bill of Lading/Waybill issued at time of shipment.  The tendering of cargo to another NVOCC for Co-Loading does not alter or relieve Carrier of any responsibility for the payment of any other underlying common carrier rates and charges for the transportation of the shipment from Origin named in the Bill of Lading/Waybill to Destination named in the Bill of Lading/Waybill.  However, all charges for transportation and/or other services prior to Carrier’s receipt of cargo for transportation and subsequent to Carrier’s tendering cargo at destination, whether advanced by the Carrier or not, shall be for the account of the cargo.  Additionally all charges and expenses incurred by Carrier in attempting to re-consign, redirect or redeliver cargo upon the instructions of Shipper, Consignee and/or their Agent shall be for the account of the cargo, unless specific provisions and charges for such services are named in this Tariff.  In the event the receiving NVOCC issues a house bill of lading to the tendering NVOCC, it is the intention of the parties to enter into a carrier-to-carrier relationship and no presumption to the contrary is intended.  DTF Logistics will accept shipments from other NVOCC’s for Co-Loading as defined by the Federal Maritime Commission.  Receiving Carrier will issue to the tendering NVOCC a Bill of Lading/Waybill covering the shipment and will assess the applicable rate named in this tariff for the transportation and/or other services performed.

Co-Load cargo will be SUBJECT to the following provisions:

  1. No Hazardous, Obnoxious or Incompatible Commodities may be tendered except with the prior approval of the Carrier.
  2. Cargo tendered by NVOCC must be packed so that it will withstand normal handling in Ocean or Overland Transportation. No “Bulk” or “loose” Cargo will be accepted for transportation except with the prior approval of the Carrier.
  3. The tendering NVOCC will furnish to the Carrier at the time of shipment a master list of all cargo tendered to Carrier showing:
  4. A description of contents of each separate shipment.
  5. The Marks, Weight and Cubic Measurement of each shipment.
  6. The names and addresses of the actual Shipper and Consignee for each shipment.
  1. The NVOCC must issue its own Bill of Lading/Waybill for each shipment to cover its relations with the Shipper/Consignee. Each Bill of Lading/Waybill issued by the tendering NVOCC shall bear the following notation on its face in a clear and legible manner:

“(Name of Tendering NVOCC) has tendered the cargo moving on this Bill of Lading/Waybill to (here insert name of receiving Carrier) for Co-Loading Service.”

  1. All Freight or other Charges for cargo shipped under this Rule MUST be paid prior to release of the cargo, except when credit privileges have been extended to tendering NVOCC.
  2. Freight forwarder Compensation will not be paid on cargo moving under this Rule.

Rule 12:  Overcharge Claims

  1. All claims for adjustment of freight charges must be presented to the Carrier in writing, within three (3) years after the date of shipment. Any expenses incurred by the Carrier in connection with its investigation of the claim shall be borne by the party responsible for the error, or, if no error be found, by the Claimant.
  2. Claims for freight rate adjustments will be acknowledged by the Carrier within 20 days of receipt by written notice to the Claimant of all governing Tariff provisions and Claimants rights under the Shipping Act of 1984.
  3. Claims seeking the refund of freight overcharges may be filed in the form of a complaint with the Federal Maritime Commission, Washington, D.C., 20573, within three years of the date the cause of action occurs.
  4. Complaints seeking reparation pursuant to Section 11(G) of the Shipping Act of 1984 shall be filed within three (3) years after the cause of action is accrued.

Rule 13:   Access to Rules Tariff

This rules tariff is published on the Internet web site of DTF Logistics at www.dtflogistics.com

SOLAS VGM – Safety of Life at Sea, Verified Gross Mass

Refer to the Terms & Conditions section of this tariff.