RULE: 28 - DEFINITIONS Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
Filing Codes I

The Terms listed below will be defined and used as follows
in this Tariff:
     
  "ALL INCLUSIVE" - means the freight rate shown with the
   applicable rate includes ocean freight and all other
   surcharges and assessorial charges, except those charges
   effected by the choice or action of the shipper such as
   detention diversion and/or reconsignment;
		
  "ASSESSORIAL" - means an additional amount to be added to
   the basic ocean freight rate for a specific service,
   situation or pass-through fee as named in a rate;
	
  "BILL OF LADING" - means contract of affreightment shipment
   covering one shipment from one (1) consignor to one (1)
   consignee with one (1) set of marks;
		
  "BROKERAGE" - means payment by a common carrier to an ocean
   freight broker. This is NOT FREIGHT FORWARDER COMPENSATION,
   see Freight Broker for definition of services;
		
  "BULK CARGO" - means cargo that is loaded and carried in bulk
   without mark or count in a loose, unpackaged form, having
   homogenous characteristics and is exempt from tariff filing
   requirements. Bulk cargo loaded into intermodal equipment
   is subject to mark and count and is, therefore, subject to
   tariff filing requirements.
		
  "BUSINESS HOURS" - means that period of each calendar day
   except Saturdays, Sundays and Holidays from 8:00 A.M. to
   5:00 P.M.;
	     
  "CARGO, N.O.S." - means articles not otherwise specified in
   the individual NRAs governed by this tariff;
	    
  "CARRIER" - means WEN-PARKER LOGISTICS, INC.;
		
  "CAUTION" - means articles which may be subject to Rule No.
   16 (Hazardous Materials) of Tariff;
	     
  "CHARITABLE AND/OR RELIEF GOODS" - the term Charitable and/or
   Relief Goods as used in this Tariff means cargo that is composed
   of materials, equipment, supplies and medicines NOT for resale
   for use by Charitable non-profit or government agencies or
   organizations engaged in welfare, medical, educational or
   sheltering activities and/or engaged in the construction,
   building or renovation of housing, medical or other
   philanthropic related facilities;
		
  "CHASSIS" - means a wheeled assembly, with or without container, 
   constructed to accept mounting of a demountable trailer body,
   container or flexivan;
		
  "CO-LOADING" - means the combining of cargo by two or more NVOCCs
   for tendering to an ocean common carrier under the name of one 
   or more of the NVOCCs;
		
  "COMBINATION RATES" - means an intermodal rate computed by adding
   together the ocean freight rate in a TRI and inland freight rate
   from/to an inland point;
		
  "COMMON CARRIER" - means an entity holding itself out to the
   general public to provide transportation by water of cargo
   between the United States and a foreign country for
   compensation that: 
   1. assumes responsibility for the transportation from port
      or point of receipt to the port or point of destination;
      and
   2. utilizes, for all or part of that transportation, a vessel
      vessel operating on the high seas or the Great Lakes between
      a port in the United States and a port in a foreign country,
	 except ferry boat, ocean tramp, chemical parcel tanker or
      vessels transporting proprietary cargo. 
		
  "CONSIGNOR, CONSIGNEE or SHIPPER" - The terms Consignor,
   Consignee or Shipper INCLUDES all authorized representatives
   or agents of such Consignor, Consignee or Shipper;
	     
  "CONTAINER" - The term Container as used in this Tariff means,
   regardless of ownership, any single, rigid, non-disposable dry
   cargo, ventilated, insulated, mechanically refrigerated or
   heated, portable liquid or dry tank, flat rack, vehicle rack
   or open top container without wheels or chassis attached,
   having a closure (except racks) or permanently hinged door,
   that allows ready access to interior for loading or unloading
   of cargo. All types of containers will have construction,
   fittings and fastenings able to withstand, without permanent
   distortion, all the stresses that may be applied in the normal
   service use of continuous transportation.  The term "Trailer"
   when used in this Tariff shall be synonymous with and inter-
   changeable with the term "Container;"
	     
  "CONTAINER FREIGHT STATION" [See "S" Service Rule 2.1] - The term
   Container Freight Station means a facility or terminal at origin
   where breakbulk or packaged cargo is tendered to the Carrier by
   Shippers for containerization and transportation, and/or the
   facilities or terminal at destination where the Carrier unloads
   and strips containers and makes breakbulk of packaged cargo
   available to Consignee for Consignee pickup;
	     
  "CONTAINER YARD" [See "Y" Service Rule 2.1] - The term Container
   Yard means the facilities or terminal provided or utilized by the
   Carrier, where empty and loaded containers are tendered to,
   received from and/or interchanged with the Carrier, and includes
   any underlying VOCC container yard facilities authorized by the
   Carrier;
		
  "CONTROLLED TEMPERATURE" - means the maintenance of a specific
   temperature or range of temperatures in containers;
		
  "DAY" - means a twenty-four (24) hour period beginning at 12:01 A.M.;
		
  "DELIVERY SERVICE" - The term Delivery Service means the services
   performed or provided by the Carrier in transporting and delivering
   cargo to a platform, sidewalk, doorway, or shipping room directly
   accessible to an over-the-road vehicle at Consignee's premises.
   Delivery Service does NOT include the delivery of cargo to
   basements, floors or interior areas not directly accessible to
   over-the-road vehicles, NOR does it include unpacking, erecting,
   inspection of property or any other such similar services;
	     
  "DIVERSION" - The term Diversion means a change in the original
   B/L instructions, made after cargo has been tendered to the
   Carrier, requiring delivery of cargo to a different Consignee,
   at a different address or to a different destination, a change
   in the required routing of a shipment and/or any other change
   in the shipping orders and instructions which requires Carrier
   to perform or provide additional transportation service to
   effect delivery of cargo at ultimate destination;
	     
  "DOOR" [See "D" Service Rule 2.1] - The term Door means a
   Shipper's, Consignor's or Consignee's receiving and shipping
   premises (i.e. a platform, doorway or shipping dock directly
   accessible to a highway vehicle and Carrier's container);
	     
  "DROP AND PULL" - means Carrier's Trucker will deliver and leave
   an empty or loaded container at Shipper's or Consignee's premises
   for loading or unloading and then return later to pickup the
   loaded or empty container to return that container to the
   designated Container Yard or Rail Ramp;
    
  "DRY CARGO" - means cargo other than that requiring atmospheric
   and/or temperature control;
	
  "EFFECTIVE DATE" - means the date upon which a published tariff,
   tariff element or NRA is scheduled to go into effect. The first
   day of effect for a tariff, tariff element, rate item or NRA;
		
  "EXPIRATION DATE" - means the last day or effect for a tariff,
   tariff element or NRA; after this date the tariff, tariff
   element or NRA may NOT be used;
	     
  "EXPLOSIVE CARGO" - means cargo falling within Class A, B and C
   explosives as defined in Rule 16 of this Tariff;
		
  "FORESTRY PRODUCTS" - means forestry derived products inclusive
   of, but not limited to the following: lumber in bundles, rough
   timber, ties, poles, piling, laminated beams, bundled siding, 
   bundled plywood, bundled core stock or veneers, bundled particle
   or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp
   in unitized bales, paper or paperboard in rolls or in pallet or
   skid sized sheets, liquid or granular by-products derived from
   pulping and papermaking and engineered wood products. Generally
   wood products not further worked that indicated in items above
   are exempt from tariff publication  requirements. Wood finished 
   products which have identifiable end usages are not "forestry
   products" and would be subject to publication regulations;
		
  "FREIGHT BROKER" - means an entity which is engaged by a carrier to
   secure cargo for such carrier and/or to sell or offer for sale ocean
   transportation services and which hold itself out to the public as
   one who negotiates between shipper or consignee and carrier for the
   the purchase, sale, conditions and terms of transportation;
		
  "FREIGHT FORWARDER" - means a person that: 
   1. dispatches shipments from the United States via a common
      carrier and books or otherwise arranges space for those
      shipments on behalf of shippers; and 
   2. processes the documentation or performs related activities
      incident to those shipments;
	
  "FULL VISIBLE CAPACITY" - The term Full Visible Capacity, when
   used in connection with container provisions, rules or rates,
   means that no more of the same type of cargo can be loaded into
   or on the transporting container or other carrying equipment
   consistent with safety precautions and regulations necessary
   to prevent damage to, or loss of, cargo;
		
  "HARMONIZED SYSTEM' - means the Harmonized Tariff Schedule of the
   United States, based on international Harmonized System, 
   administered by the U.S. Customs Service for the U.S. 
   International Trade Commission and Schedule B, administered by the
   U.S. Census Bureau;
	
  "HOLIDAY" - used in this tariff shall consist of the following days: 
   New Years Day, Martin Luther King Day, President's Day (Third Monday
   in February), Memorial Day (Last Monday in May), Fourth of July,
   Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and
   Christmas Day. When any of the holidays stipulated above falls
   on Sunday, the following Monday shall be deemed as that holiday;
	
  "IN-GAUGE" - The term In-Gauge when used to restrict Flat-Bed,
   Flat-Rack, Open Top or Platform Container/Trailer Rates means
   that the cargo loaded on such equipment does NOT hang over any
   portion of the sides or ends of the Container/Trailer, and,
   further, that no part of the cargo is greater than 8 ft.-6 ins.
   high;
		
  "IN PACKAGES" - means any shipping form other than in bulk, loose,
   in glass or earthenware not further packed in containers or on
   skids;
		
  "INTERMODAL TRANSPORTATION" - means continuous through transportation
   involving more than one mode of service (e.g., ship, rail, motor,
   air), for pickup or delivery at a point beyond the port at which
   the vessel calls. The term intermodal transportation can apply to
   through transportation at through rates or transportation on through
   routes using combination rates. (See also Through Transportation);
		
  "KILO TON (KT)" - means 1,000 Kilos;
		
  "KNOCKED DOWN (KD)" - means that an article must be taken apart,
   folded or telescoped in such a manner as to reduce its bulk at
   least 33-1/3 percent from its normal shipping cubage when set up 
   or assembled;
		
  "LABEL CARGO" - means cargo requiring White, Yellow, Red, Red Gas,
   Green Gas, Poison Gas and Tear Gas labels as required by govern-
   mental regulation.  See Rule No. 16 of this Tariff;
	
  "LOCAL RATES" - means rates or charges for transportation over
   the route of a single common carrier, the application of which
   is not contingent upon a prior or subsequent movement;
		
  "LOCATION GROUP" - means a logical collection of geographic points,
   ports, states, countries which is primarily used to conveniently 
   apply tariff rate items, rules or assessorial charges to all
   locations within the grouping;
		
  "LOYALTY CONTRACT" - means a contract with an ocean common carrier
   or agreement by which a shipper obtains lower rates by committing
   all or a fixed portion of its cargo to that carrier or agreement
   and the contract provides for a deferred rebate arrangement;
	
  "LUMPSUM" - means a rate stated for a given amount of cargo which
   is not a standard shipping unit and may include various mixes of
   shipping units, i.e. for shipment consisting of two (2) 20-foot
   standard containers, one (1) 40-foot flatbed and five (5) pieces
   totaling 50 cft. and weighing 3,500 lbs;
		
  "MIXED SHIPMENT" - means a shipment consisting of two (2) or more
   distinct commodities and/or articles described in and rated
   under two or more rates, including NRAs, governed by this
   Tariff;
	
  "MOTOR CARRIER" - means participating motor carrier or motor
   carriers;
		
  "NEGOTIATED RATE ARRANGEMENT (NRA)" - means the written and binding
   arrangement between an NRA shipper and eligible NVOCC to provide
   specific transportation service for a stated cargo quantity, from
   origin to destination on and after receipt of the cargo by the
   Carrier or its agent (originating carrier in the case of through
   Transportation);
	
  "NESTED" - means that three or more different sizes of the
   article or commodity are shipped so that beginning with the
   smallest size each is placed within the next larger size, or
   three or more of the articles must be placed within each other 
   so that, each upper article will not project above the lower
   article more than one third of its height;
		
  "NON-HAZARDOUS" - means non-label cargo which is permitted stowage
   between decks or under deck (other than Magazine) under C.F.R.
   Title 46 - Shipping, as amended, and such cargo that is so
   classified under the provisions of Rule No. 16 of this Tariff;
		
  "NON-VESSEL-OPERATING COMMON CARRIER (NVOCC)" - means a common
   carrier by that provides transportation of cargo between the
   United States and a foreign country for compensation without
   operating the vessels by which the transportation is provided,
   and is a shipper in its relationship to the ocean common carrier.
   An NVO typically performs the following functions:
   1. purchasing transportation services from a VOCC and offering
      such services for resale to other persons;
   2. payment of port-to-port or multimodal transportation charges;
   3. entering into affreightment agreements with underlying shippers;
   4. issuing bills of lading or equivalent documents;
   5. arranging for and paying for inland transportation on through
      transportation movements;
   6. paying lawful compensation to ocean freight forwarders;
   7. leasing containers; and
   8. entering into arrangements with origin or destination agents.
		
  "OCEAN COMMON CARRIER" - means a Vessel Operating Common Carrier,
   as defined herein;
	
  "OCEAN TRANSPORTATION INTERMEDIARY" - means an Ocean Freight
   Forwarder or a Non-Vessel-Operating Common Carrier, which are
   separately defined herein;
	
  "ONE COMMODITY" - The term One Commodity indicates any and all
   of the articles described in a single rate item, including NRA,
   governed by this Tariff;
	     
  "OUT-OF-GAUGE" - The term Out-of-Gauge when used to restrict
   Flat-Bed, Flat-Rack, Open Top or Platform Container/Trailer 
   Rates means that in some manner the cargo loaded on such
   equipment either hangs over a portion of the sides or ends
   of the Container/Trailer, or that a part of the cargo is
   greater than 8ft.-6ins. high. (Such shipment may be SBJ to
   applicable Extra Length, Height or Width Charges.);
		
  "PACKAGE OR PACKAGES" - means any container other than trucks
   or in shipping forms other than in bulk, loose or on skids,
   providing such container or form of shipment will render the 
   transportation of the freight reasonably safe and practicable;
		
  "PACKING OR STUFFING" - covers the actual placing of cargo into
   the container as well as the proper stowage and securing thereof
   within the container;
		
  "PICKUP SERVICE" - The term Pickup Service means the service
   performed or provided by the Carrier in calling for cargo at
   a platform, sidewalk, doorway, or shipping room directly
   accessible to an over-the-road vehicle at Shipper's premises.
   Pickup Service does NOT include the removal of cargo from
   basements, floors or interior areas not directly accessible
   to over-the-road vehicles, NOR does it include packing,
   dismantling, inspection of property or any other such similar
   services;
		
  "POINT" - means a particular city, town, village, community,
   or other area which is treated as a geographic unit for the a
   application of a rate item, including NRA, governed by this
   Tariff;
	
  "PLACE" - means a particular street address or other designation
   or a factory, store, warehouse, place of business, private 
   residence, construction camp or the like, at a "Point";
		
  "PROJECT CARGO" - The term Project Cargo means cargo that includes
   materials, equipment and supplies employed in the construction,
   development or supply of a named facility used for a major
   governmental, charitable, manufacturing, resource exploration/
   exploitation, public utility or public service purpose, including
   disaster relief projects. No materials, equipment or supplies
   covered under a Project Cargo Rate named in an individual rate
   item, including NRA, governed by this Tariff shall be transported
   for the purpose of resale or other commercial distribution;
	     
   A clause reading substantially as follows shall appear on all
   Bills of Lading pertaining to project rates:
       " All materials included in this B/L are of a wholly
         proprietary nature and shall not be resold or
         otherwise commercially distributed at destination."
	     
  "PROPORTIONAL" - The term Proportional, when used in connection
   with a Rate, NRA Rate, Rule, Charge, Provision or Accessorial
   Charge, means a provision whose application is restricted to
   shipments of cargo having an immediate prior or immediate
   subsequent movement, via any transportation mode, from or to
   a named port, point or location group. The term immediate as
   used herein means either:
   - that no other thru or line haul transportation service, other
       than the transportation service from the specified origin,
       occurs prior to Carrier's receipt of cargo at origin; or
   - that no other thru or line haul transportation service, other
       than the transportation service to the specified destination,
       occurs subsequent to Carrier's tendering cargo to on-carrier
       at destination;
	   
  "PUBLISHER" - means an organization authorized to publish or amend 
   tariff information;
		
  "RAIL RAMP" [See "R" Service Rule 2.1] - The term Rail Ramp means
   the Trailer-On-Flat-Car (TOFC) or Container-On-Flat-Car (COFC)
   facility or terminal of a rail carrier where loaded or empty
   containers are tendered to, received from or interchanged with
   rail carriers;
		
  "RATE" - means a price stated in an individual NRA 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;
	
  "RECONSIGNMENT" - The term Reconsignment means any change in the
   original Bill of Lading instructions, made after cargo has been
   tendered to the Carrier, requiring delivery of cargo to a
   different Consignee, at a different address or to a different
   destination, which requires Carrier to perform or provide
   additional transportation service to effect delivery of cargo
   at ultimate destination, or that requires an amendment to, or
   the reissue of, the B/L or other shipping documents prior to
   delivery at ultimate destination;
	    
  "REVENUE TON" - means 1,000 kilos or 1 cubic meter as freight
   charges are assessed;
		
  "SCOPE" - means the geographic locations, i.e. points, ports,
   states, countries or combinations, to and from which the tariff 
   rules, rate, NRA and other provisions apply;
	
  "SHIPMENT" - Except as otherwise specifically provided in this
   Tariff, a shipment means a quantity of freight tendered to the
   Carrier by one (1) Shipper, at one (1) port or point of origin,
   at one (1) time, transported on one (1) B/L, for delivery to
   one (1) Consignee, at one (1) destination port or point;
		
  "SHIPPERS' ASSOCIATION" - means a group of shippers that
   consolidates or distributes freight on a non-profit basis for
   the members of the group in order to secure volume rates or
   service contracts;
		
  "SITE" - means a particular platform or specific location for 
   loading at a "Place";
		
  "SPECIAL RATE" - A special rate is a rate established to meet
   special or particular traffic, market or other conditions and
   will be published as a rate subject to a "Thru Date" expiration
   notice in the individual rate items, including NRAs, governed
   by this Tariff. A Special Rate removes the application of the
   Tariff Line Item or NRA rate on the same quantity, of the same
   commodity, in the same packing or shipping form, from and to
   the same ports and/or points, for the period during which the
   Special Rate is in effect;
	    
  "STUFFING, UNSTUFFING" - means the physical placing of cargo into
   or the physical removal of cargo from containers;
		
  "TARIFF" - means a publication containing the actual rates,
   charges, classifications, rules, regulations and practices of
   a common carrier or conference.  The term practices refers to
   those usages, customs or modes of operation which in any way
   affect, determine or change the transportation rates, charges
   or services provided by a common carrier or conference;
		
  "TARIFF RATE ITEM" - means a single freight rate, in effect on
   and after a specific date for a specific time period for the 
   transportation of a stated cargo quantity, which may move from
   origin to destination under a single specified set of transpor-
   tation conditions, such as container size or temperature;
		
  "THROUGH TRANSPORTATION" - means continuous transportation between
   points of origin and destination, either or both of which lie
   beyond port terminal areas, for which a through rate is assessed
   and which is offered or performed by one or more carriers, at 
   least one of which is a common carrier, between a United States
   point or port and foreign point or port;
		
  "TIME/VOLUME RATE" - means a rate published in a tariff which is
   conditioned upon receipt of a specified aggregate volume of cargo
   or aggregate freight revenue over a specified period of time;
		
  "TRAILER" - interchangeably, with Container, see definition for
   CONTAINER;
		
  "TRANSSHIPMENT" - means the physical transfer of cargo from one
   vessel to another vessel in the course of all-water or through 
   transportation. When cargo is transferred from the vessel of one
   carrier to a vessel of another carrier, at least one of the
   carriers is an ocean common carrier subject to Federal Maritime
   Commission jurisdiction and shall be deemed the "publishing
   carrier" for the purposes of providing public notice of the
   applicable through rate;
		
  "TRUCK" - means any vehicle propelled or drawn by a single
   mechanical power unit and used on the property;
		
  "UNITIZED LOAD" - means a consolidation of shipping packages
   secured to pallets when the individual component shipping
   packages are bonded or otherwise securely held together to
   form a single shipping unit that has been prepared by the
   shipper in order to facilitate mechanical handling;
		
  "VESSEL OPERATING COMMON CARRIER (VOCC)" - means a COMMON CARRIER,
   as defined herein, operating vessels on the high seas or the Great
   Lakes, between U.S. ports and foreign ports;
		
  "WATER CARRIER'S TERMINAL" - means the place where cargo or loaded
   or empty containers are received by water carrier or delivered by
   water carrier. The place where water carrier assembles, holds or
   stores cargo and its containers; and
			
  "WORKING DAY" - means each calendar day, excepting Saturdays,
   Sundays and Holidays, between 8:00 A.M. and 5:00 P.M.

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