TABLE OF CONTENTS

 

 

RULE 1: GEOGRAPHIC SCOPE

RULE 2: APPLICATION OF RATES AND CHARGES RULE 3: RATE APPLICABILITY RULE

RULE 4: MINIMUM BILL OF LADING CHARGES RULE 5: PAYMENT OF FREIGHT CHARGES RULE 6: BILL OF LADING

RULE 7: SURCHARGES AND ARBITRARIES RULE 8: AD VALOREM RATES

RULE 9: CO-LOADING

RULE 10: DANGEROUS AND HAZARDOUS CARGO RULE 11: RETURNED CARGO

RULE 12: OVERCHARGE CLAIMS

RULE 13: FREE TIME, DETENTION AND DEMURRAGE RULE 14: SEE RULE 24

RULE 15: DEFINITIONS AND SYMBOLS

RULE 16: NEGOTIATED RATE AGREEMENTS (NRA)

RULE 17: GENERAL RATE INCREASES AND PEAK SEASON SURCHARGES RULE 18: DIVERSIONS

RULE 19: RESERVED

RULE 20: RESERVED

RULE 21: RESERVED

RULE 22: RESERVED

RULE 23: RESERVED

RULE 24: Bonding of NVOCC, Financial Responsibility of Carrier; Agent for Service of Process.

 

 

RULE 1: GEOGRAPHIC SCOPE

Except as otherwise provided, this tariff covers the transportation of the commodities between all ports and points in the United States and all ports and points worldwide.


RULE 2: APPLICATION OF RATES AND CHARGES

2.1  Rates apply on either a per container or weight/measurement basis. Except as provided in an individual TRI, whenever ocean freight and assessorial charges are assessed on a weight/measurement basis, same shall be assessed on the gross weight or the overall measurement of the cargo, whichever computation produces the greater revenue to the Carrier. As used in the context of weight/measurement rates, references to W and M mean 1,000 kilos and 1 cubic meter, respectively.

2.2  Rates are either port, ramp, or door.

(A)  With respect to rates at origin:

(i)  Rates that are port at origin apply from the ocean terminal at the port of loading.

(ii)  Rates that are ramp at origin apply from the inland rail carrier's ramp at the place of receipt of the cargo by Carrier.

(iii) Rates that are door at origin apply from the location at which the container is stuffed and at which Carrier takes possession of the cargo.

 

 

All transportation of cargo prior to the point at which Carrier's rates begin to apply as set forth above shall be at the risk and expense of Merchant.

 

 

(B)  With respect to rates at destination:

(i)  Rates that are port at destination apply to the ocean terminal at the port of discharge.

(ii)  Rates that are ramp at destination apply to the inland rail carrier's ramp at the place of delivery.

(iii)  Rates that are door at destination apply to Merchant's facility at the place of delivery.

 

 

All transportation of cargo subsequent to the point at which Carrier's rates cease to apply as set forth above shall be at the risk and expense of Merchant.

 

 

 

 

 

 

 

RULE 3: RATE APPLICABILITY RULE

 

 

The rates, charges and rules applicable to any given shipment shall be those in effect on the date the cargo is received by the Carrier or its agent.


RULE 4: MINIMUM BILL OF LADING CHARGES

 

 

Unless otherwise provided in the relevant TRI, the minimum ocean freight and charges to be assessed with respect to cargo moving under a bill of lading shall be the freight and charges applicable to 1,000 kilos or one cubic meter.

 

 

RULE 5: PAYMENT OF FREIGHT CHARGES

 

 

5.1  Except as otherwise provided in the relevant TRI, all freight and charges to destination shall be considered earned and shall be payable by Merchant, without refund or offset in whole or in part, upon receipt of the goods by Carrier or its agent. NOTE: THE FOREGOING MAKES ALL FREIGHT PREPAID. A CARRIER MAY WISH TO HAVE FREIGHT AND CHARGES ON SOME ROUTINGS PAYABLE ON ONE BASIS (E.G., FREIGHT PREPAID) AND FREIGHT AND CHARGES ON OTHER ROUTINGS PAYABLE ON A DIFFERENT BASIS (E.G., FREIGHT COLLECT). THE CARRIER MAY ALSO WISH TO HAVE A PORTION OF THE FREIGHT OR CHARGES PAYABLE ON A PREPAID BASIS, AND SOME PAYABLE ON A COLLECT BASIS, E.G., A DESTINATION HANDLING CHARGE. THESE ARE ALL PERMISSIBLE, BUT WOULD NEED TO BE REFLECTED IN THIS RULE AND/OR THE RELEVANT TRIs.

 

 

5.2  Payment shall be made to Carrier or its agent at origin either in U.S. currency or its equivalent in local currency at the free market exchange rate at the close of business of the day before payment according to XE Converter.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.3  


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RULE 6: BILL OF LADING

 

 

 

 

6.1  The following is a sample copy of Carrier's bill of lading:


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6.2  [INSERT HERE OR IN RULE 7 ANY CHARGES APPLICABLE TO ISSUANCE AND/OR CORRECTION OF BILL OF LADING]

 

 

RULE 7: SURCHARGES AND ARBITRARIES

 

 

[INSERT A LIST OF ALL CHARGES, E.G., BUNKER, THC, CAF, ETC., WITH EACH CHARGE BEING ASSIGNED A SEPARATE SUB-RULE (7.1, 7.2, ETC.). EACH SUB-RULE SHOULD INDICATE HOW AND WHEN THE CHARGE APPLIES, THE CURRENCY IN WHICH IT IS PAYABLE AND, IF THE CHARGE IS PAYABLE AT A TIME OR BY A PERSON OTHER THAN THE ONE RESPONSIBLE FOR PAYMENT UNDER RULE 5, WHEN IT IS TO BE PAID AND BY WHOM. FOR EXAMPLE, IT IS NOT SUFFICIENT TO SAY US TERMINAL HANDLING CHARGE

$100. INSTEAD, THE RULE WOULD READ ALL CARGO LOADED ON TO OR DISCHARGED FROM A VESSEL AT A U.S. PACIFIC COAST PORT SHALL BE SUBJECT TO A U.S. TERMINAL HANDLING CHARGE OF $100 PER CONTAINER.]

 

 

RULE 8: AD VALOREM RATES

 

 

Carrier's liability for cargo transported by it shall be governed by the terms of Carrier's bill of lading. If Merchant wishes Carrier to bear a greater level of responsibility than that provided for in the bill of lading,


Merchant must so indicate on Carrier's bill of lading and provide Carrier with the value of the goods to be shipped under said bill of lading. In the event of such election by Merchant, Carrier shall be liable for the stated value of the goods upon receipt of payment by Merchant of the ocean freight rate and charges otherwise applicable to the movement of such goods, plus additional freight equal to % of the declared value of the goods.

 

 

RULE 9: CO-LOADING

 

 

Carrier has a carrier-carrier co-loading relationship with the following NVOCCs: Vanguard, Shipco, Charter-Link, CaroTrans and ECU-LINE Econocaribe.

 

RULE 10: DANGEROUS AND HAZARDOUS CARGO

 

 

10.1  The transportation of inflammable or hazardous goods, explosives, and other dangerous articles will be governed by Title 49 of the United States Code of Federal Regulations Parts 100- 199, as revised, or by any superseding regulations, and to the extent applicable, the International Maritime Dangerous Goods Code (IMCO) published by the Inter-Governmental Maritime Consultative Organization.

 

 

10.2  Shipments of goods described in Rule 10.1 shall be identified as such at the time of booking. Such goods shall be packaged, stowed and labeled in accordance with all applicable laws and regulations at the risk and expense of the Merchant.

 

 

RULE 11: RETURNED CARGO

 

 

11.1  Cargo returned to the origin port/point named in Carrier's bill of lading within six (6) months after arrival at destination shall be rated at the lower of:

 

 

(a)    The freight rate and charges that would be applicable to the return move if it were the original move; or

 

 

(b)  85% percent of the freight rate originally paid by Merchant and 100% of the charges that would be applicable to the return move if it were the original move.


11.2  The foregoing provision will apply only if the cargo is returned in the original package. For purposes of this rule, in order to be considered as being in the original package, cargo must be in the same number of cartons or packages, with the same marks and numbers, as shown on the bill of lading covering the original move.

 

 

11.3  Cargo not returned within six (6) months after arrival at destination shall not be treated as returned cargo and shall be rated in accordance with the Carrier's tariff.

 

 

RULE 12: OVERCHARGE CLAIMS

 

 

12.1  All claims for adjustment of freight and/or charges must be presented to Carrier in writing within three (3) years of the date of the bill of lading issued by Carrier.

 

 

12.2  Claims must be presented to Carrier in writing and must contain the following original or certified documents:

 

 

(a)              Bill of Lading

(b)              Packing List

(c)              Commercial Invoice

(d)             Customs Entry Permit/Import Declaration or Customs Export Declaration, as applicable

 

 

12.3  If the claim is presented to Carrier in writing before the shipment involved leaves the custody of Carrier, cargo may be inspected at port of loading or a destination by official measurers named by Carrier.

 

 

12.4  All requests for inspection at destination must be made in writing to Carrier. Any expense incurred by the Carrier in connection with the investigation of the claim shall be borne by the party responsible for the error, or if no error found, by the claimant.

 

 

12.5  Claims for adjustment of freight other than those based on errors in weight, piece count, measure, or description must be accompanied by the documentary evidence set forth in paragraph 12.2 above, and such other evidence as may be essential in support of the claim in question.


12.6  Refunds approved under the above procedures will only be paid to the party paying the original freight bill and always provided the full amount of the original freight bill has been paid to Carrier.

 

 

RULE 13: FREE TIME, DETENTION AND DEMURRAGE - Effective: 09/01/2022 - Expiry: NONE

 

 

13.1  Carrier is a non-vessel operating common carrier. The equipment it uses to provide transportation services to Merchant is provided by the vessel-operating common carrier (VOCC) or leased thru separate vendors to facilitate ocean transportation services.

 

 

13.2  Detention will be levied when the Merchant has picked up the container for loading and/or unloading and equipment is not returned to the nominated depot within the allotted free time as per below.

 

USA to/from World:

 

Dry/Standard/Refrigerated/*Special Equipment

*Special Equipment: Open tops, flat racks, tanks, etc.

Merchant to benefit from respective steam ship line published tariff for Detention. Free time and charge per day thereafter are a direct pass thru.

 

13.3  Demurrage will be applied when the Merchant holds equipment or equipment remains inside the terminal, port, or depot for longer than the steam ship line allotted free time.

USA to/from World

Dry / Standard / Refrigerated Equipment / Special Equipment

Merchant to benefit from respective steam ship line published tariff for Demurrage. Free time and charge per day thereafter are a direct passed thru.

 

 

13.4   Demurrage Outlay Fee will be applied when carrier pays demurrage cost on behalf of Merchant.

USA to/from World

Dry/Standard/Refrigerated Equipment/*Special Equipment

*Special Equipment: Open tops, flat racks, tanks, etc.

Due to administrative costs any container in which demurrage is incurred and paid by carrier will be assessed 10% of total demurrage outlay, minimum of US$ 75.

 

 

RULE 14: See RULE 24.

RULE 15: DEFINITIONS AND SYMBOLS

 

 

Carrier means [SEKO Worldwide].

VOCC means Vessel Operating Common Carrier.

Merchant means the persons named as shipper, exporter, consignee and/or receiver on the bill of lading, any holder of the bill of lading, the actual recipient of the goods, any person owning or entitled to the possession of the goods or of the bill of lading, and anyone acting on behalf of any of the foregoing persons.


TRI means a tariff rate item consisting of a freight rate for the transportation of a stated cargo quantity from origin to destination under a single specified set of transportation conditions.

NRA means Negotiated Rate Agreement.

 

RULE 16: Negotiated Rate Arrangements (NRAs)

 

 

As per Part 532 NVOCC NEGOTIATED RATE ARRANGEMENTS of the CFR, Carrier has elected to utilize a combination of NVOCC Negotiated Rate Arrangements (NRAs), and Open Tariff Rates.

 

 

DEFINITIONS:

An NVOCC Negotiated Rate Arrangement or NRA means a written and binding arrangement between an NRA shipper and an 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 (or the originating carrier in the case of through transportation).

Tariff Rate means a price stated in a tariff for providing a specified level of transportation service for a stated cargo quantity, from origin to destination, on and after a stated effective date or within a defined time frame.

EXTENT OF ACTIVITY:

Carrier participates in NRA's and utilizes Open Tariff Rates. As required by Part 532.4 of the CFR, the governing rules publication is available to the public.

RULE 17: GENERAL RATE INCREASE (GRI) AND PEAK SEASON SURCHARGES (PSS).

Carrier follows VOCC published announcements for General Rate Increases (GRI) and Peak Season surcharges (PSS) as a source to provide notification to client base of pending increases.

RULE 18: DIVERSIONS

18.1  DIVERSIONS BY CARRIER: 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 en-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.

18.2  DIVERSIONS BY SHIPPER OR CONSIGNEE. A request for diversion of a shipment will be considered as an amendment to the contract of carriage and will be subject to the following definitions, conditions and charges: A. Definition of Diversion: Any change in the original billed destination (which may also include a change in Consignee, order party, or both). A change in Consignee, order party or both will not be considered as diversion of cargo. B. Conditions: 1. Requests must be received in writing by the carrier prior to the arrival of the vessel at Discharge Port. Carrier will make diligent effort to execute the request but will not be responsible if such service is operationally impractical or cannot be provided. 2. Cargo moving under a non- negotiable Bill of Lading may be diverted at the request of shipper or consignee. Cargo moving under a negotiable Bill of Lading may be diverted by any party surrendering the properly endorsed original Bill of Lading. Cargo moving under a negotiable Bill of Lading may also be diverted by the shipper or consignee at the carrier's sole discretion without receipt by the carrier of the original negotiable Bill of Lading so long as a new negotiable Bill of Lading is not requested or issued by the carrier. If a new negotiable Bill of Lading is requested by the shipper or consignee, the original negotiable Bill of Lading must be surrendered to the carrier prior to issuance of the new negotiable Bill of Lading. 3. This rule will apply to full Bill of Lading quantities or full container loads only. 4. A shipment may only be diverted once. Shipper may request cancellation of the original diversion request, resulting in delivery of the cargo to the original billed destination, provided that such request is received prior to arrival of vessel at Discharge Port, and provided that all diversion charges as set out in C. below, applicable to the original diversion request, are paid in full prior to the cancellation request being accepted by the carrier. In no instance will any refund of the diversion charges be made in the event of a cancellation. Any additional expenses incurred by the carrier will be for the account of the cargo. 5. Cargo, which, upon request of Merchant (stowage permitting), is diverted to a Port of Discharge within the Scope of this Tariff other than that shown in the Bill of Lading, shall be assessed the actual amount of expense incurred by Carrier, or as per carrier tariff at time of shipment, whichever is higher, plus, at the sole discretion of the Carrier, depending on the relevant administrative burdens resulting from the diversion, an administrative fee of up to $50/BL for cargo received and diversion requested prior to vessel departure, or up to $300/BL for cargo received and diversion requested post vessel departure, from origin port. 6. Diversion charges or administrative charge are payable by the party requesting the diversion.

 

 

RULE 19: RESERVED

RULE 20: RESERVED

RULE 21: RESERVED

RULE 22: RESERVED

RULE 23: RESERVED

 

 

RULE 24: Bonding of NVOCC, Financial Responsibility of Carrier; Agent for Service of Process.


24.1  Bonding of NVOCC. Carrier has posted financial responsibility with the U.S. Federal Maritime Commission in the form of [bond/surety/etc. No. 2019090115 and No. 2019090116].

24.2  Legal Agent: The name and address of the person at legal agent of carrier is: Not applicable, US domiciled company. In the event the legal agent cannot be served due to death, disability or unavailability, the Secretary of the U.S. Federal Maritime Commission shall be deemed Carrier's legal agent for service of process.

 

Change Summary

August 31, 2022: 13.2 Detention updated to pass thru as per respective steam ship line.

 

 

Angelica Velazquez FMC/QI

USA Ocean Director SEKO Logistics, LLC

1100 Arlington Heights Road, Suite 600

Itasca, IL 60143

Cell: 708-491-8064

Angelica.velazquez@sekologistics.com

Updated: August 31st 2022