CONTENTS

“Rule” – “Description”

RULE 1 – SCOPE

RULE 2 – RATE ARRANGEMENTS

RULE 3 – APPLICATION OF FREIGHT RATES AND CHARGES

RULE 4 – MARINE INSURANCE

RULE 5 – AMS CHARGE

RULE 6 – RECEIPT OF GOODS

RULE 7 – MINIMUM BILL OF LADING CHARGE

RULE 8 – PAYMENT OF CHARGES

RULE 9 – DOCUMENTATION CHARGE

RULE 10 – ADDITIONAL CHARGES – NOT LISTED IN HEREIN

RULE 11 – LIABILITY / SPECIAL PROVISIONS

RULE 12 – CO-LOADING

RULE 13 – QUOTATIONS AND ACTUAL SHIPMENT ADJUSTMENTS

RULE 14 – OVERCHARGE CLAIMS

RULE 15 – SURETY BOND

RULE 16 – CHASSIS USAGE CHARGE

RULE 17 – PEAK SEASON SURCHARGE (PSS)

RULE 18 – BUNKER ADJUSTMENT FACTOR (BAF)

RULE 19 – DEFINITIONS

RULE 20 – ABBREVIATIONS

RULE 21 – U.S. STATE

RULE 22 – BILL OF LADING TERMS AND CONDITIONS

RULE 23 – ACCEPTANCE OF TERMS AND CONDITIONS

RULE 24 – DETENTION, DEMURRAGE OR STORAGE

RULE 25 – AGENT FOR SERVICE OF PROCESS

 

 

RULE 1 – SCOPE

 

This tariff applies to Goods transported from or to the ports in the United States as recognized by U.S. Customs and Border Protection and between foreign ports as recognized by their governments as ports of entry.

 

RULE 2 – RATE ARRANGEMENTS

 

All rates and charges for NVOCC services in accordance with this tariff will be through Negotiated Rate Arrangements (NRAs) as defined by the Federal Maritime Commission (FMC). Provisions in those Arrangements and the ocean bill of lading will govern all shipments.

The NRA document may contain charges for services that are outside of the NVOCC services offered by the Carrier. Those services and charges are present in order to provide the recipient one source of information, and those services will not be subject to these rules.

 

RULE 3 – APPLICATION OF FREIGHT RATES AND CHARGES

 

  1. a)      Freight Rates and Charges do not include charges established or required by Customs, Port Authorities, Harbor Improvement Rates, or port terminal tariffs.
  2. b)      Freight Rates and Charges herein are quoted in U.S. Dollars.
  3. c)      LCL rate application is per CBM, as long as the weight does not exceed an average of 1000 kilos per CBM. If the weight exceeds 1000 kilos per CBM, the shipments will be charged based on the number of CBM by dividing the total kilos by 1000.
  4. d)      Fractions of 1/2 inch or less will be rounded down to the nearest whole number, and fractions of 1/2 inch or more will be rounded up to the nearest whole number.
  5. e)      When measuring articles cylinder shape (Boats, yachts, tenders, drums, cylinders, kegs, casks, etc.) or irregular shapes, the dimensions will be calculated to the extreme point for each height, width and depth measurement.

 

RULE 4 – MARINE INSURANCE

 

Freight Rates and Charges do not include marine insurance.

 

RULE 5 – AMS CHARGE

 

Where AMS (Automated Manifest System) is required, the charge will be $50.00 per filing.

 

RULE 6 – RECEIPT OF GOODS

 

A shipment shall not be considered as received by the NVOCC or their agents until the full bill of lading quantity has been tendered for movement in a manner that movement may commence.

 

RULE 7 – MINIMUM BILL OF LADING CHARGE

 

If not stated in the NRA, the minimum bill of lading charge will be $150, and $175 for an LCL shipment.

 

RULE 8 – PAYMENT OF CHARGES

 

Unless otherwise arranged with Brooks Yacht Transport, LLC prior to tendering of Goods, all Freight Rates and Charges are to be prepaid prior to the Goods being released from the steamship lines or their agents.

 

RULE 9 – DOCUMENTATION CHARGE

 

A documentation charge of $110.00 will apply on all export shipments, unless otherwise stipulated on the NRA.

 

RULE 10 – ADDITIONAL CHARGES – NOT LISTED IN HEREIN

 

NRA’s and NSA’s may contain additional charges that are unique to the movement(s) covered, and are not specifically listed in this Rules Tariff. This will include, but not limited to, charges for additional handling, terminal handling, demurrage, and storage, non-NVOCC services, such as but not limited to ISF filing or customs clearance.

 

RULE 11 – LIABILITY / SPECIAL PROVISIONS

 

See provisions of Rule 22 of this Rules Tariff. Such provisions are applicable to all movements by Brooks Yacht Transport, LLC as a NVOCC.

 

RULE 12 – CO-LOADING

 

Brooks Yacht Transport, LLC engages in co-loading both as a shipper and a carrier. As a carrier, Brooks Yacht Transport, LLC accepts co-load from other NVOCC’s providing they are complying with all FMC rules and regulations. Co-load cargo is subject to all applicable rules in this tariff. As a shipper, Brooks Yacht Transport, LLC engages in co-loading with other NVOCC’s to accommodate the movement of cargo in order to maintain regular scheduled service. Brooks Yacht Transport, LLC accepts liability for cargo co-loaded with other NVOCC’s as indicated on the bill of lading, and is responsible to pay all rates and charges to the NVOCC to the destination as indicated on the bill of lading.

 

RULE 13 – QUOTATIONS AND ACTUAL SHIPMENT ADJUSTMENTS

 

Quotations are based on the information provided to Brooks Yacht Transport, LLC. Freight Rates and Charges will be assessed based on the actual product, weight and cube as tendered for movement. Brooks Yacht Transport, LLC, its agents, and the steamship line have the right to inspect and weigh Goods in order to verify the information on the Bill of Lading, and if needed to adjust the Bill of Lading to match the actual tender of goods.

 

RULE 14 – OVERCHARGE CLAIMS

 

Freight Rates and Charges for shipments are subject to review as an overcharge claim when submitted in writing to Brooks Yacht Transport, LLC, and include: 1) Copy of the disputed invoice; 2) Statement of the correct charge; 3) Copy of the NRA or citation of the NSA provision that is to apply; 4) Copy of the bill of lading; 5) Documentation supporting a change in the product, weight, cube, or application of a Freight Rate or Charge, or other disputed information (e.g. invoice or packing list certified by the shipper, public scale certificate). The claim is to be sent to Brooks Yacht Transport, LLC at 1238 Tecumseh Tail, Pensacola, FL 32514,

attention “International Overcharge Claims.” Disputes in measurements are to be supported by: (a) Obvious error in calculation by Brooks Yacht Transport, LLC or carrier; (b) Measurement at port of loading or discharge; (c) By joint measurement at port of discharge by carrier’s agent and consignee of shipment; and (d) By measurement of a marine surveyor when requested by carrier’s agent.

 

RULE 15 – SURETY BOND

 

Brooks Yacht Transport, LLC has a $75,000.00 Surety Bond, number #10081456, secured through: Hudson Insurance Company

 

RULE 16 – CHASSIS USAGE CHARGE

 

The charge for the use of a chassis shall be $25.00 per 24-hour period or fraction thereof.

 

RULE 17 – PEAK SEASON SURCHARGE (PSS)

 

The following PSS will apply unless the NRA or NSA state the charge is included on or specifies the PSS amount:

 

20’

40’ Standard40’ High CubeReefer & All Other Containers

Break Bulk

$500.00

$750.00$750.00$1000.00TBD

RULE 18 – BUNKER ADJUSTMENT FACTOR (BAF)

 

The following BAF surcharge will apply unless the NRA or NSA state the charge is included on or specifies the BAF amount:

 

20’

40’ Standard40’ High CubeReefer & All Other ContainersBreak Bulk

$350.00

$450.00$550.00

$750.00

TBD

RULE 19 – DEFINITIONS

 

Any Quantity or “AQ” indicates the application of a rate or other provision with no specified quantity for shipment.

 

Cargo N.O.S.Cargo not otherwise specified.
Carrier

 

Means BROOKS YACHT TRANSPORT, LLC, a non-vessel operating common carrier, and Carrier’s agents and assigns.
CFS – CFSCargo is delivered in bulk to Carrier’s loading terminal or container freight station to be packed into containers by the Carrier, and to be unpacked from the containers by the Carrier’s at a terminal or container freight station at port of discharge.
Charges

 

 

 

 

Accessorial fees, including but not limited to ad valorem charges, advance charges and less than full container load service charges, currency adjustment factor, bunker adjustment factor,  surcharges, war risk premiums, arbitrary and accessorial charges, all charges arising as a  result of changing the port of loading or discharge, and expenses arising or incurred under this Bill of Lading, as stated in an NSA, NRA or Rules Tariff and are added to the basic Freight Rate.
ContainerMeans and includes, unless otherwise indicated, any container, trailer, transportable tank, flat, or pallet, and similar articles of transport.
Container Freight

Station (CFS)

Location designated by Carrier for receiving and delivery of goods by Carrier or agent, and

must be adjacent to Carrier’s Container Yard.

Container Service

Charge

Refers to services performed at loading ports and is restricted to:

·       Moving empty containers from CY to CFS.

·       Drayage of loaded containers from CFS to CY and/or ship’s tackle.

·       Issued dock receipt / shipper order.

Container Yard (CY)Location designated by Carrier in the port area where: 1) The carrier assembles, holds or stores container(s); 2) Where containers loaded with goods are received or delivered.
Controlled

Temperature

Maintenance of a specific temperature or range of temperature in containers.
Demurrage of free time.Charge assessed against cargo remaining in or on Carrier’s containers after the expiration
Freight RatesPrices stated in an NSA or NRA for providing a specified level of transportation service for a stated cargo quantity, from origin to destination.
GoodsThe cargo described on the face of this B/L and, if the cargo is packed into Containers, supplied or furnished by or on behalf of Merchant, shall include the Containers as well, when applicable.
Handling ChargesCharges for services performed in 1) moving or conveying cargo, including ordinary breaking down, sorting and trucking from place where unloading from railroad car, truck; 2) Movement from place or rest on terminal, barge or lighter to ship’s tackle; 3) between Carrier’s container and place of rest in terminal.
HolidayDay recognized by carriers as a holiday by Federal or State governments where services to the shipping public are not provided.
Merchant

 

Means individually and collectively the Shipper, the Receiver, the Consignor, the Consignee, the Holder of this B/L, and the Owner of the Goods
Negotiated Rate

Arrangement (NRA)

Means a written and binding arrangement between Merchant and Carrier to provide specific transportation service for a stated cargo quantity, from origin to destination, prior to the receipt of the cargo by Carrier
Non-vessel

Operating Common

Carrier Service

Arrangement (NSA)

Means a written contract, other than a bill of lading or receipt, between Merchant and Carrier in which the Merchant makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and Carrier commits to a certain rate or rate schedule and a defined service level.
PortPlace where ocean carrier’s vessel calls.
QuoteQuote as referred to in Rule 2 shall mean the last communication, within the last 45 days from ship date, by Carrier to Merchant regarding offered rates, charges and services for the identical goods, service, containers, origin, destination, and other shipment information qualifications.
Rail CarrierRailroad that is participating in the move.
Rail Carrier’s-Place where loaded containers are delivered by rail carrier, and where empty containers Terminal will be returned by consignee.

-Where rail carrier assembles, holds or stores containers.

Revenue Ton1000 kilos or 1 cubic meter as freighted / tendered.
Rules Tariff

 

A tariff containing Charges and terms and conditions governing the Charges, and the classifications, rules, regulations and practices of Carrier, but does not include Freight Rates.
Ship’s TackleLocation immediately accessible to cargo gear use for lifting containers or bulk cargo to or from the vessel.
ShipmentQuantity of freight received at one point of origin, at one place, at one time and on one bill of lading or shipping document; and, is destined to one consignee.
StorageCharges assessed by the terminal on cargo remaining at the terminal after free time has expired and before such cargo has been loaded to the vessel or before cargo has been placed in public warehouse for storage.
StrippingRemoval of cargo from the container as well as the removal of all securing material not constituting a part of the container.
UnpackingRemoval of cargo from the container as well as the removal of all securing material not constituting a part of the container.
Work Day or to Working DayPeriod of each calendar day – except Saturday, Sunday and Holidays – from 8:00 a.m. 5:00 p.m.

 

RULE 20 – ABBREVIATIONS

 

Up to and including
Feet
2020FT
2424FT
3535FT
4040FT standard
4242Ft
4343FT
4545Ft
4848FT
5353FT
40A40’ HC 9’ high
40B40’ HC 9’6” high
40S40’ HC 8’
40X40FT any height
45A45FT HC 9’
45B45FT HC 9’6”
45S45FT 8’
45X45FT any height
ACAtmosphere Control (CT)
AQAny quantity
BBarge (service / code)
B/LBill of lading
BAFBunker adjustment factor
BYTBrooks Yacht Transport (Carrier)
CBMCubic Meter
CFT/CFCubic Feet
CLDChilled (TC Code)
CODCollect on Delivery
CSContainer station (service code)
CTContainer Temperature
CWTHundred weight or 100
CYContainer Yard
DDoor (service/code)
D/DDoor/ Door
D/MDoor/Motor
D/ODoor/Ocean
D/RDoor/Rail
DCDry Container (TC Code)
DFDrop Frame (CT)
FFahrenheit (degrees)
FAKFreight all kinds
FASFree alongside ship
FBFlatbed (CT)
FlatFlatbed/Flatrack container
FMCFederal Maritime Commission
FRFlatrack (CT)
FRZFrozen (TC Code)
FTFeet
GCGarment Container (CT)
HHouse (service code)
HAZHazardous
HC/HQHigh Cube
HTDHeated (TC Code)
INInsulated (CT)
kgKilos
lb/lbsPounds
LCLLess than container load
LTLong ton (2240 lb.)
LWHLength, width, height
MMeasurement
MaxMaximum
MBM1000-foot board measure
MCMinimum B/L charge
MinMinimum
N/ANot applicable
NHZNon-Hazardous
No.sNumber or numbers
NOS or N.O.SNot otherwise specified
OOcean Port (service code)
OTOpen Top (CT)
OZ.Ounce
PPier (service code)
PCPer container
PSSPeak Season Surcharge
PVPer vehicle
RRail Siding (Service Code)
REReefer (CT)
RYRail yard (service code)
TTerminal (service code)
THCTerminal Handling Charge
USDUS Dollar
VENVentilated (TC Code)
WWeight
W/With
W/OWithout
WMWeight or measure

 

RULE 21 – U.S. STATE

 

  • Alabama – AL
  • Alaska – AK
  • Arizona – AZ
  • Arkansas – AR
  • California – CA
  • Colorado – CO
  • Connecticut – CT
  • Delaware – DE
  • Florida – FL
  • Georgia – GA
  • Hawaii – HI
  • Idaho – ID
  • Illinois – IL
  • Indiana – IN
  • Iowa – IA
  • Kansas – KS
  • Kentucky – KY
  • Louisiana – LA
  • Maine – ME
  • Maryland – MD
  • Massachusetts – MA
  • Michigan – MI
  • Minnesota – MN
  • Mississippi – MS
  • Missouri – MO
  • Montana – MT
  • Nebraska – NE
  • Nevada – NV
  • New Hampshire – NH
  • New Jersey – NJ
  • New Mexico – NM
  • New York – NY
  • North Carolina – NC
  • North Dakota – ND
  • Ohio – OH
  • Oklahoma – OK
  • Oregon – OR
  • Pennsylvania – PA
  • Rhode Island – RI
  • South Carolina – SC
  • South Dakota – SD
  • Tennessee – TN
  • Texas – TX
  • Utah – UT
  • Vermont – VT
  • Virginia – VA
  • Washington – WA
  • West Virginia – WV
  • Wisconsin – WI
  • Wyoming – WY

 

RULE 22 – BILL OF LADING TERMS AND CONDITIONS

 

Booking Note Terms

 

  1. Definition.

Wherever the term “Merchant” is used in this Booking Note, it shall be deemed to include the shipper, receiver, consignee, owner of the Goods or the party entitled to immediate possession of the Goods and both the party described as the “Merchant” in the Booking Note and the party signing the Booking Note warrant that they have authority to enter into this agreement with the Company for and on behalf of all of these parties. Wherever the term “Goods” is used in this Booking Note it shall be deemed to include the “Goods” described in the Booking Note, including without limitation any boat, boat contents, separate/spare parts and ancillary equipment. All references to the “Booking Note” shall include any special terms referred to in “Special Terms” of the Booking Note.

 

  1. General Paramount Clause

 

(a) The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading signed at Brussels on 25 August 1924 (“the Hague Rules”) as amended by the Protocol signed at Brussels on 23 February 1968 (“the Hague-Visby Rules”) and as enacted in the country of shipment shall apply to this Contract. When the Hague-Visby Rules are not enacted in the country of shipment, the corresponding legislation of the country of destination shall apply, irrespective of whether such legislation may only regulate outbound shipments. When there is no enactment of the Hague-Visby Rules in either the country of shipment or in the country of destination, the Hague-Visby Rules shall apply to this Contract save where the Hague Rules as enacted in the country of shipment or, if no such enactment is in place, the Hague Rules as enacted in the country of destination apply compulsorily to this Contract. The Protocol signed at Brussels on 21 December 1979 (“the SDR Protocol 1979”) shall apply where the Hague-Visby Rules apply, whether mandatorily or by this Contract. The Carrier shall in no case be responsible for loss of or damage to cargo arising prior to loading, after discharging, or with respect to deck cargo and live animals.

(b) Due to unpredictable nature of delays beyond carriers direct control with ships schedules in maritime industry, Carrier is not held liable in respect of delay of loading for consequential loss of charter revenue to yacht owner, airfare, booked itineraries or berthing fees. The sailing date contained in the Estimated Sailing Window of the Transport Contract / Booking Note and in any other documentation or information provided or distributed by the Carrier or its agents is only an estimate of the approximate date that the Vessel will depart or arrive. For liner service, ships are typically on time with deviation of 3-5 days possible. For charter by inducement and special sailings, it is agreed that the actual sailing date may be up to thirty (30) days after the approximate sailing date referenced in the Estimated Sailing Window of the Transport Contract / Booking Note.

 

  1. Law and jurisdiction
  2. a) Disputes arising out of or in connection with the carriage shall be exclusively determined by the courts and in accordance with the law of the place where the Carrier has his principal place of business, as stated on Page 1, except as provided elsewhere herein. In the event of a dispute between the parties, the parties agree that the sole venue for resolution shall be the Circuit Court in and for Dade County, Florida. The parties waive the jurisdiction of any Federal Court otherwise having concurrent jurisdiction. The parties waive trial by jury and agree to have the presiding judge act as their trier if fact in any matter arising out of or resulting from this agreement.
  3. b) The parties agree that the prevailing party in any litigation arising out of or resulting from this Agreement shall be entitled to an award of attorney fees and costs at the trial and appeal levels.

 

  1. Period of Responsibility

Without prejudice to clause 8(a), the Company shall not be liable for loss of or damage to the Goods howsoever arising during the period before loading or the period after discharge from the vessel.

 

  1. The Scope of Voyage

The intended voyage shall not be limited to the direct or quickest route but shall be deemed to include any proceeding or returning to or stopping or slowing down at or off any ports or places for any reasonable purpose connected with the service including without limitation the maintenance of the vessel and crew, bunkering, adjustment of equipment or repairs, towing and/or assisting vessels in all situations and any deviation to save life and/or property.

 

  1. Substitution of Vessel, Transshipment and Forwarding

 

Whether expressly arranged beforehand or otherwise, the Company shall be at liberty to arrange the carriage of the Goods to their port of destination by any vessel or by

other means of transport, proceeding either directly or indirectly to such port and to carry the Goods or part of them beyond their port of destination, and to transship, land and store the Goods either on shore or afloat and reship and forward the same at the Company’s expense but at the Merchant’s risk. The exercise of any liberties under this clause 6 by the Company shall in no way whatsoever constitute a deviation.

 

  1. Lighterage

 

Any lightering in or off ports of loading or ports of discharge to be for the account of the Merchant.

 

  1. Loading, Discharging and Delivery

 

(a) The loading, stowage, securing, carriage and discharge of the Goods on board the vessel, is arranged by the Company at the Merchant’s sole risk and the Company shall not be liable for loss of or damage to the Goods or any other liability of whatsoever nature unless such loss or damage is caused directly by the personal gross negligence of the Company.

(b) Any landing, storing or delivery costs shall be for the Merchant’s account.

(c) Loading and discharge of the Goods may commence without previous notice.

(d) The Merchant shall make the Goods available to the Company and in every respect be ready for loading at the Load Port as set forth in “Loading Port” in Booking Note during the “Shipment Window”, as set forth in the Booking Note.

(e) The Company does not guarantee to make the vessel available for loading the goods in the Shipment Window. The Shipment Window is an estimate only, and the Company merely uses reasonable endeavors to make the vessel available to load the Goods as soon as its prior commitments have been completed, and subject always to shipping schedules and hindrances which cannot reasonably be avoided or guarded against (including by way of example but without limitation: heavy weather, swell, congestion, tidal restrictions, engine and machinery breakdowns).

(f) Should it appear to the Company that it will not be ready to commence loading within 30 (thirty) calendar days after the last day of the Shipment Window, the Company shall promptly notify the Merchant of a new Shipment Window as soon as it is in a position to do so with reasonable certainty.

(g) Within 48 (forty-eight) hours after the Company has notified the Merchant in writing of the new Shipment Window in accordance with sub-clause 8(f) or by the time the vessel is ready for loading, whichever is earlier, the Merchant shall advise the Company in writing if it elects to cancel this Booking Note or if it otherwise does not agree to the new Shipment Window. If no such written advice is provided by the Merchant, the new Shipment Window as notified by the Company in accordance with sub-clause 8(f) shall become the new Shipment Window, replacing the dates set forth in “Shipping Window” as set forth in Booking Note.

(h) In the event that the Merchant elects to cancel the Booking Note in accordance with sub clause 8(g), the Company shall refund the freight charges received from the Merchant for this Shipment.

(i) The Company shall have no liability whatsoever to the Merchant or to any other party for any loss or damage whatsoever arising out of the cancellation of this Booking Note by the Merchant or the Company in accordance with sub-clause 8(g) or otherwise, or out of the Company’s failure to make the vessel ready for loading during the “Shipment Window” set forth in Booking Note or during any new Shipment Window provided in accordance with sub-clause 8(f), including but not limited to loss of freight, loss of charter hire, loss of profit, loss of production, loss of or decreased value of the Goods, loss of or damage to goodwill or reputation, loss of market, loss of business, loss of or any other special, indirect or consequential losses, even if such losses were foreseeable and notwithstanding that the Company had been advised of the possibility that such losses were in the contemplation of the Merchant or any third party.

(j) The vessel will proceed, upon completion of her prior commitments, to the loading port or so near thereto as she may safely get and lie, swell free, always afloat.

(k) The Merchant or his assignee shall tender the Goods when the vessel is ready to load and as fast as the vessel can receive and also outside ordinary working hours if required by the master, notwithstanding any custom of the port. Otherwise the Company shall be relieved of any obligation to load such Goods; the vessel may leave the port without further notice; Deadfreight is to be paid by the Merchant; and the Merchant shall be liable for any loss suffered or incurred by the Company or for any detention, demurrage or other charges and expenses arising out of any delay such as added stevedoring charges, berthing costs, added services contracted out, such as surveyors, divers, welders, etc. All such costs to be paid before discharge.

(I) The vessel will sail to the discharging port or so near thereto as she may safely get and lie, swell free, always afloat.

(m) The Merchant or his assignee shall take delivery of the Goods and continue to receive the Goods as fast as the vessel can deliver and also outside ordinary working hours if required by the master, notwithstanding any custom of the port. Otherwise the Company shall be at liberty to discharge the Goods and any discharge to be deemed a true fulfilment of agreement; and the Merchant shall be liable for any loss incurred by the Company or for any detention, demurrage or other charges and expense arising out of any delay; or alternatively the Company shall be at liberty to act in accordance with clause 16.

(n) The Merchant shall bear all overtime charges in connection with the tendering and taking delivery of the Goods as above.

(o) If the Goods are not applied for within a reasonable time (What is a reasonable time?), the Company may sell the same privately or at auction.

(p) The Merchant shall accept his reasonable proportion of unidentified loose cargo.

 

  1. Deck Cargo

 

Unless otherwise agreed in writing, the Merchant consents to the carriage of the Goods on deck, at the Merchants sole risk. The Company shall not be liable for loss of or damage to the Goods or any other liability of whatsoever nature unless such loss or damage is caused directly by the personal gross negligence of the Company.

 

  1. Options

 

The port of discharge for optional cargo must be declared to the Company at the first of the optional ports not later than 48 hours before the vessel’s arrival there. In the absence of such declaration the Company may elect to discharge at the first or any other optional port and this agreement shall then be considered as having been fulfilled. Any option can be exercised for the total quantity under this Booking Note only.

 

  1. Freight, Charges, Costs, Expenses, Duties, Taxes and Fines and Cancellations.

 

(a) The total payable amount agreed upon under the signing of this Booking Note by the Merchant and Company, save in respect of clauses 8(g), 8(h) and 11(b), shall be non- refundable. Unless otherwise agreed in writing by the Company, the first instalment of the freight charges shall be payable by the Merchant upon the signing of the Booking Note. The balance of the freight charges shall be paid by the Merchant to the Company at or before the time of loading of the Goods onto the vessel and the Company shall be at liberty to charge interest at the rate of 8% above the Bank of England base rate prevailing on the due date of payment on all overdue freight charges.

(b) The Company shall be entitled to terminate this agreement forthwith by notice in writing to the Merchant, without any liability whatsoever. In the event that the Merchant cancels or otherwise terminates this agreement, the freight charges shall be payable to the Company as “Deadfreight” in accordance with the Company’s cancellation policy, as set out as follows: (i) Cancellation in writing received not less than 90 days prior to the commencement of the “Shipment Window” set forth in Booking Note: 100% of the freight received is refundable to the Merchant; (ii) Cancellation in writing received between 89 and 60 days prior to the commencement of the “Shipment Window” set forth in Booking Note: 50% of the freight received is refundable; (iii) Cancellation in writing received between 59 and 31 days prior to the commencement of the “Shipment Window” set forth in Booking Note: 25% of the freight received is refundable; (iv) Cancellation in writing received 30 days or less prior to the commencement of the “Shipment Window” set forth in Booking Note: No refund is due.

(c) The Merchant shall be liable for expenses of fumigation and of gathering and sorting loose Goods and of weighing onboard and expenses incurred in repairing damage to and replacing of packing due to excepted causes and for all expenses caused by extra handling of the Goods for any aforementioned reasons.

(d) The Merchant shall be liable for any dues, duties, levies, taxes or charges of whatsoever nature levied by any authority or third party in relation to the Goods, arising out of the Company acting in accordance with (I) the Merchant’s instructions or (ii) the terms of this agreement.

(e) The Merchant shall be liable for all fines and/or losses which the Company, vessel or Goods may incur through non-observance of Customs House and/or import or export regulations.

(f) The Company is entitled in case of incorrect declaration of contents, weights, measurements or value of the Goods to claim double the amount of freight which would have been due if such declaration had been correctly given. Additional weight will be calculated at a minimum of 2% of the total freight set out in “Freight Rate” in Booking Note per additional metric ton. For the purpose of ascertaining the actual facts, the Company reserves the right to obtain from the Merchant the original documentation and to have the goods and contents surveyed.

(g) A booking which includes an outbound voyage from the port set forth in “Loading Port” to the port set forth in “Discharge Port” and subsequent return voyage from the port set forth in “Discharge Port” (or any other port) to the port set forth in “Loading Port” is referred to as a “Round Trip Booking”. In respect of a Round Trip Booking, the Merchant agrees to pay the Company’s freight charges relating to the outbound voyage in accordance with sub-clause 11(a). The first instalment of the freight charges for the return voyage is payable immediately upon completion of the outbound loading and the balance is payable before or at the commencement of the return loading.

(h) Where the Merchant is entitled to a refund in accordance with sub-clause 11(b) following the cancellation of the return voyage of a Round Trip Booking, the Company shall be entitled to deduct from any such refund a sum equivalent to any discount it applied to the total (inbound and return) freight charges.

 

  1. Lien

 

(a) Subject to sub-clause b) below, the Company: (I) has a general lien on all Goods, containers, equipment or other transportation units, property and documents relating to Goods in its possession, custody or control for all sums due at any time to the Company from the Merchant on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Merchant. Storage charges shall continue to accrue on any Goods detained under lien; (ii) shall be entitled, on at least 7 (seven) days notice in writing to the Merchant, to sell or dispose of or deal with such Goods, containers, equipment or other transportation units, property or documents as agent for, and at the expense of, the Merchant and apply the proceeds in or towards the payment of all sums due to the Company; (iii) shall, upon accounting to the Merchant for any balance remaining after payment of any sum due to the Company and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods, containers, equipment or other transportation units, property or documents.

(b) When the Goods are liable to perish or deteriorate, the Company’s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Merchant’s attention its intention to sell or dispose of the Goods before doing so.

 

  1. Delay

 

(a) Without prejudice to the provisions of clause 8 of this Booking Note, the Company shall not be liable for loss or damage howsoever arising out of any failure to adhere to loading, departure, arrival or discharge dates or times. The “Shipment Window” described in the Booking Note or any other date or time otherwise advised by the Company are approximate only and shall not constitute a “special arrangement”.

(b) Without prejudice to the generality of clause 8 and clause 13(a) above and subject to the limitation of liability below, the Company is only liable for loss or damage caused or contributed to (whether directly or indirectly) by any other delay not covered under sub-clause (a) above (including without limitation where there has been a special arrangement), if such delay is caused by the Company’s personal gross negligence. In any event, the Company’s liability howsoever arising out of any such delay shall be limited to the loss or damage suffered by the Merchant or a sum equivalent to 10% (ten percent) of the freight paid or payable under this agreement, whichever is the lesser amount.

 

  1. General Average and Salvage

 

The Merchant shall save harmless and keep the Company indemnified from and against any claims of a general average nature or for salvage which may be made against the Company. Where liability arises in respect of claims of a general average or salvage nature in connection with the Goods, the Merchant shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable to the Company.

 

  1. Both-to-Blame Collision Clause

 

The Merchant shall save harmless and keep the Company indemnified from and against any claims made against the Company by any third party under a “Both to Blame Collision Clause” or similar clause or arising out of a collision between the vessel and another vessel.

 

  1. Government directions, War, Epidemics, Ice, Strikes, etc.

 

The Company, its servants or agents shall have liberty to comply with any order or directions or recommendations in connection with the transport under this agreement given by any Government or Authority, or anybody acting or purporting to act on behalf of such Government or Authority. If the Company, its servant or agents, believe that the performance of the transport would expose the vessel or any goods onboard to risk of seizure or damage or delay, resulting from war, warlike operations, blockade, riots, terrorism, civil commotions or piracy, or any person onboard to the risk of loss of life or freedom, or that any such risk has increased, the Company may discharge the Goods at the port of loading or any other safe and convenient port. If the Company, its servant or agents, believe that epidemics, quarantine, ice, surf, swell, bad weather, port congestion, labor troubles, labor obstructions, strikes, lock-outs, or any onboard or onshore difficulties in loading or discharging would prevent the vessel from leaving the port of loading or reaching or entering the port of discharge or there discharging in the usual manner and leaving again, all of which safely and without delay, the Company may discharge the Goods at the port of loading or any other safe and Convenient port. The discharge of any Goods under the provisions of this clause 16 shall be deemed due fulfilment of the contract and the Company shall be under no liability whatsoever. If the vessel is or is likely to be delayed prior to the commencement of loading and a suitable substitute vessel is Not found as per Booking Note, then the Company shall be at liberty to terminate this agreement immediately by notice in writing (including email) without any liability whatsoever and any prepaid freight will be returned to the Merchant. If in connection with the exercise of any liberty under this clause any extra expenses are incurred, they shall be paid by the Merchant in addition to the freight, together with return freight if any and a reasonable compensation for any extra services rendered to the Goods. If any situation referred to in this clause may be anticipated, or if for any such reason the vessel cannot safely and without delay reach or enter the loading port or must undergo repairs the Company may cancel the contract and shall inform the Merchant as soon as reasonably possible.

 

  1. Exemptions and Immunities of all servants and agents of the Company

 

It is hereby expressly agreed that no servant or agent of the Company (including every independent contractor from time to time employed by the Company) shall in any circumstances whatsoever be under any liability whatsoever to the Merchant for any loss, damage or delay arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, but without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and  liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Company acting as a aforesaid and for the purpose of all the foregoing provisions of this clause the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the agreement evidenced by this Booking Note. The Company shall be entitled to be paid by the Merchant on demand any sum recovered or recoverable by the Merchant or any other party from such servant or agent of the Company for any such loss, damage or delay or otherwise.

 

  1. Optional Stowage, Unitization

 

(a) Goods may be stowed by the Company, its servants or agents as received, or, at Company’s option, by means of containers, or similar articles of transport used to consolidate Goods.

(b) Containers, trailers and transportable tanks, whether stowed by the Company, its servants or agents or received by it in a stowed condition from the Merchant, may be carried on or under deck without notice to the Merchant.

(c) The Company’s liability for Goods stowed as aforesaid shall be governed by this Booking Note notwithstanding the fact that the Goods are being carried on deck and the Goods shall contribute to general average and shall receive compensation in general average.

 

ADDITIONAL CLAUSES

 

(To be added if required in the contemplated

trade).

 

  1. Demurrage

 

The Merchant shall be liable to pay demurrage at the daily rate set out in part “Freight Rate” of the Booking Note in the event that the vessel is not loaded or discharged with the dispatch set out in Clause 8 and any delay in waiting for berth at or off port to count. Each Merchant shall be liable to the Company for a proportionate part of the total demurrage due, based upon the total freight on the Goods to be loaded or discharged at the port in question. The Merchant shall not be liable for demurrage in the event that the delay relates solely to goods belonging to other Merchants.

 

  1. U.S. Trade. Period of Responsibility

 

In case the Contract evidenced by this Booking Note is subject to the US Carriage of Goods by Sea Act, then the provisions stated in the said Act shall govern before loading and after discharge and throughout the entire time the Goods are in the Company’s custody or control.

 

RULE 23 – ACCEPTANCE OF TERMS AND CONDITIONS

 

Merchant, by utilizing the services of Carrier pursuant to an NSA or NRA shall be deemed to have consented to the Freight Rates and Charges set forth in the NSA or NRA and shall be deemed to have accepted all of the terms and conditions in this Rules Tariff including but not limited to those terms and conditions in Rule 22 notwithstanding the non-signing of the Bill of Lading by Merchant.

 

RULE 24 – DETENTION, DEMURRAGE OR STORAGE

 

Goods received at break-bulk terminal, CFS or CY are subject to free time and wharf detention, demurrage, or storage provisions of the appropriate port terminal tariff. In the absence of such tariff, the free time and charges contained in the closest public port terminal tariff will apply.

Should there be no port terminal tariff or public port terminal tariff to apply, the free time allowed will be three (3) days, and the following charges will apply per 24-hour period or fraction thereof:

 

 20’40’ Standard40’ High CubeReefer & All Other Containers
1st 24 Hours$50.00$100.00$100.00$150.00
Each period after 1st 24 hours$75.00$150.00$150.00$200.00

 

RULE 25 – AGENT FOR SERVICE OF PROCESS

 

The name and address of the person in the U.S. designated as Carrier’s legal agent for service of process is Brooks Comer @ Brooks Yacht Transport, LLC, 1238 Tecumseh Trail, Pensacola, FL 32514. If the designated agent cannot be served because of death, disability or unavailability, Peter Comer, 1238 Tecumseh Trail, Pensacola FL 32514 will be deemed to be the legal agent for service of process.