RULE: 7 - PAYMENT OF FREIGHT CHARGES Eff:
Freight charges, assessorial charges, surcharges or other charges
named in this Tariff and in individual NRAs governed by this Tariff
including advanced charges may be prepaid or collect at origin or
destination, SUBJECT to the provisions named herein.
However, regardless of whether Bill of Lading payment status
is prepaid or collect, the Shipper, his duly-authorized Freight
Forwarder, the Consignee and the Beneficial Cargo Owner shall be,
and will remain, jointly and severally liable for all unpaid charges
and freight, including but not limited to, any sums advanced or
disbursed by the Carrier for the account of the cargo.
a. All freight and additional charges named in this Tariff
and in individual NRAs governed by this Tariff are due and
considered earned upon receipt of the cargo by the originating
Carrier, or his agent, and shall be paid to the Carrier without
discount or deduction, whether the ship and/or cargo is lost or
not lost, transportation is interrupted or abandoned, whether
the cargo is damaged or ruined, or whether packages or containers
are delivered empty or partly empty at destination.
b. Rates and charges named in this Tariff and in individual NRAs
governed by this Tariff are quoted in U.S. Currency and have been
determined with due consideration to the relationship of U.S
Currency to the other currencies involved. In the event of any
material deterioration in the exchange value of U.S. Currency,
Carrier reserves the right, upon publication herein, to adjust
by rule charges applicable to this Tariff so as to remove any
adverse effect in conformity with the U.S. Shipping Act of 1984,
as amended, and the regulations of the Federal Maritime Commission
issued pursuant thereto.
c. When freight and other charges named in individual NRAs are paid
in foreign countries, Carrier will accept payment in a foreign
currency provided it is freely convertible. When payment is
effected in other than U.S. Currency, currency conversion shall
be calculated on the basis of the highest official bank selling
rate of exchange as quoted on the official exchange for the
currency involved, on the day shipment is tendered to the
originating Carrier.
d. The payment status of a Bill of Lading may NOT be changed once
transportation service of cargo has commenced (i.e., "prepaid"
shipments cannot be changed to "collect" shipments and likewise
"collect" shipments cannot be changed to "prepaid" shipments)
without the express approval of the Carrier.
e. Carrier or its duly authorized agent, will, upon request of the
Shipper, Freight Forwarder, Consignee or Beneficial Cargo Owner,
extend credit to the party listed in the Bill of Lading as
responsible for the payment of freight and charges, in amounts
not to exceed freight, assessorial, terminal and/or advanced
charges. The credit period shall be fifteen (15) days from the
date of delivery of cargo in the case of collect shipments or
from the date of originating Carrier's cargo receipt in the
case of prepaid shipments.
On all Bills of Lading issued and delivered in accordance with
this credit agreement the carrier shall obtain from the shipper
or its freight forwarder or agent a receipt acknowledging the
issuance of delivery of such bill of lading without the payment
of the total ocean freight and other charges due thereon and
noting that such ocean freight and other charges are due and
payable within (15) working days after the sailing of the vessel
from the port of loading or on the date of its arrival at the
port of discharge whichever is earlier, provided however that
any irregularity in the receipt and/or in compliance with the
provisions of the Shippers Credit Agreement, or failure to obtain
such a receipt and/or agreement shall not in any way affect the
shippers obligation to pay all the ocean freight and other
charges due on said bill of lading within the time stipulated
in the Shippers Credit Agreement.
Shippers who have signed a Shippers Credit Agreement with the
Carrier shall pay the ocean freight and charges on all shipments
in accordance with the Agreement. All other shippers are obliged
to pay the freight and charges due before the release of the Bill
of Lading.
Rohlig USA, LLC
SHIPPERS CREDIT AGREEMENT
1. In consideration of the ROHLIG USA, LLC issuance and release of
"prepaid" or "to be prepaid bills of lading in the United States,
without the prior payment of the ocean freight and other charges
due thereon, to the undersigned shipper directly or directly or
through its forwarder or agent, the undersigned shipper agrees
as follows.
a) To be absolutely and unconditionally responsible to see and
guarantee that all freight and charges due on each bill of lading
are paid to the carrier or its agent, either directly or through
the undersigned shipper's forwarder or agent within fifteen (15)
working days after the sailing of the vessel from the port of
loading or on the date of its arrival at the port of discharge,
whichever is earlier.
b) In the event the undersigned shipper advances funds for the
payment of freight and charges due the carrier to its forwarder
or agent, it hereby represents to the carrier that either or both
are duly authorized to act as agent for the purpose of remitting
such payment to the carrier, and that any such advance of funds
to the forwarder or agent shall not relieve the undersigned
shipper from its obligation to make payment to the carrier as
provided herein. Nothing herein shall preclude the carrier from
also asserting a claim or cause of action against any forwarder
and/or agent to whom funds have been advanced if the freight and
charges due the carrier are not paid.
c) If the freight charges due to the carrier are not paid within
the fifteen (15) working days prescribed in paragraph a) of this
Agreement, the undersigned shipper shall remain liable to pay the
freight and charges due to the carrier, regardless of whether or
not is has advanced any funds to its forwarder or agent for such
purposes.
d) If for any reason, the undersigned should fail to pay the
freight and charges due to the carrier within the fifteen (15)
working days after the date the vessel departs from the loading
port, the carrier shall be entitled to collect from the under-
signed shipper any reasonable expense incurred for collecting
overdue freight charges including but not limited to collection
and/or attorney fees.
e) The undersigned shipper shall be liable for the payment of
"prepaid" at destination bills of lading if the freight and
charges due to the carrier are not paid by the consignee at
destination.
2. The credit privileges provided in this Agreement will be
suspended for a period of up to sixty (60) days in the event the
undersigned shipper should fail to comply with such provisions
or abide by the terms and conditions of the carrier's tariffs.
If the undersigned shipper should continue in default of this
obligations under this Agreement after the expiration of the
sixty (60) day suspension period, the Agreement shall be
automatically null and void without any prior notice.
3. Nothing herein shall limit the right of the carrier in its
individual discretion not to extend credit to any shipper or
shippers or preclude the carrier from exercising its right to
collect payment of freight and charges prior to the vessel's
arrival at its port of discharge.
4. This Agreement shall continue in effect until terminated by
either party effective upon the receipt of written notice by
the other party; provided, however, that termination shall not
extinguish any exisiting Liabilities hereunder.
5. In support of its application for credit privileges with the
undersigned shipper lists hereunder three references including
its primary business bank and hereby authorizes each reference,
upon request, to make full disclosure of credit information
about the undersigned shipper to the carrier.
NAME OF REFERENCE ADDRESS
(1) ______________________ ___________________________
(2) ______________________ ___________________________
(3) ______________________ ___________________________
Dated this _____ Day Dated this _____ Day
of 20____ of 20____
For and in behalf of Shipper
ROHLIG USA, LLC
_______________________
Address
By: _______________________ By: __________________
__________________
Title
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