Tariff No. 100 — Negotiated Rate Arrangements (NRA) Governing Rules Tariff

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

• This provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the port originally intended.
• Carrier will have the option of providing through intermodal service via any combination of air, barge, motor and rail service. Intermodal Rates will be included in the lump sum as specified in individual NRAs. Carrier's liability will be determined in accordance with the provisions indicated in their Bill of Lading (Rule 7 herein).

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

Carrier has opted for use of NRAs.

• NVOCC NRA means the written and binding arrangement between an NRA shipper or consignee 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).
• Carrier’s Rules are provided free of charge to Shipper, Consignee and the public at www.gbpacking.com containing the terms and conditions governing the charges, classifications, rules, regulations and practices of Carrier.
• Carrier shall issue quotation sheets, booking confirmations, e-mail communications and other writings with applicable rates and charges for the shipments subject of the NRA. Shipper’s response by e-mail or other writing (collectively “the writings”) or shipper’s booking of the cargo after receiving the terms of the NRA or amended NRA constitutes acceptance of the NRA pursuant to 46 CFR 532.5 (c) 3. The terms contained in the writings shall be a valid offer for thirty (30) days from date issued, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo.
• Carrier's or Carrier's agent's receipt of cargo for this shipment constitutes final acceptance by Shipper or Consignee of this offer, and the terms of the NRA shall bind the parties. If the writing provided by shipper or consignee to accept the offer does not contain the legal name and address of the shipper or consignee and its affiliates agreeing to the NRA, the shipper or consignee must provide these by separate writing which shall be considered part of the NRA.
• The NRA may be amended after the time the initial shipment is received by the NVOCC, but such changes may only apply prospectively to shipments not yet received by the NVOCC.
• Except as otherwise provided in the NRA, all shipments that are subject to origin, destination, terminal, local or foreign charges shall be for the account of the cargo.

• NRAs are stated in terms of U.S. Currency and/or local currencies, as applicable.
• NRAs and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided.
• For LCL shipments, charges apply per 1 cubic meter, signified by (M), or 1,000 kilograms, signified by (W), whichever produces the higher charges. All charges are based on the actual gross weight and/or total measurement of each piece.
• On a per shipment basis, the NRA will stipulate what the rate covers.
• For full container, charges for ocean freight will be displayed as a lump sum.
• For LCL, charges for ocean freight will be displayed as a lump sum or per CBM, subject to a minimum charge of 1 CBM.
• If door service is requested, pick-up or delivery charges may be shown in addition to ocean freight charges. NRAs covering more than one shipment will be displayed as LCL rates per CBM, subject to a minimum charge of 1 CBM, or full container rates, based on the size of container.
• Except as otherwise provided, all "Port" (i.e., Port-to-Port) rules published herein apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo. Tolls, wharfage, cost of landing, and all other expenses beyond the port terminal area are for account of Owner, Shipper or Consignee of the cargo and all such expenses levied in the first instance against the Carrier will be according to Incoterms.
• NRAs shall be inclusive of all charges pertinent to the transportation of cargo and not including customs clearance, assessments or forwarding charges, except as provided. Alternatively, at shipper's or consignee’s request, carrier will arrange for inland transportation as shipper's or consignee’s agent. All associated costs will be for the account of the cargo. Overland carriers will be utilized on an availability of service basis and not restricted to any preferred Carriers, except as Ocean Carrier deems necessary to guarantee safe and efficient movement of said cargo.
• Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.
• Packages containing articles of more than one description shall be rated on the basis of the NRA provided for the highest rated articles contained therein.
• An NRA does not Include Marine Insurance or Consular fees.
• Description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with the validated United States Export Declaration covering the shipment. Carrier must verify the Bill of Lading description with the validated United States Export Declaration. Shipper amendments in the description of the goods will only be accepted if validated by United States Customs.
• Trade names are not acceptable commodity descriptions and shippers are required to declare their commodity by its generally accepted generic or common name.
• Except as otherwise provided, NRAs apply only to the specific commodity named and cannot be applied to analogous articles.
• FORCE MAJEURE CLAUSE: Without prejudice to any rights or privileges of the Carrier's under-covering Bills of Lading, Dock Receipts, or Booking Contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, embargoes, blockades, port congestion, strikes or labor disturbances, acts of God, regulations of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and affecting the Carrier's operations, the Carrier reserves the right to cancel any outstanding booking or contract in conformity with Federal Maritime Commission Regulations, by publication in this Tariff, any affected rate or rates in order to meet such conditions.
• Any Tollage, Wharfage, Handling and/or other charges assessed against the cargo at Ports of Loading/Discharge will be for the account of the cargo. Any Tollage, Wharfage, Handling and/or Charges at Port of Loading in connection with storage, handling and receipt of cargo before loading on the vessel shall be for the account of the cargo.
• Any Additional Charges which may be imposed upon the cargo by Governmental Authorities will be for the account of the cargo.

• Except as otherwise provided herein, articles tendered for transportation will be refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the Carrier to accept an article so offered for transportation when enclosure in a container is reasonably necessary for protection and safe transportation.
• Packages must be marked durably and legibly and must show the port of destination. All packages must be numbered, which number together with marks and destination must appear on the shipping receipts and Bill of Lading.

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:

• 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 enroute between Carrier discharging terminal and carrier’s delivery terminal provided the NRAs are already provided for such destinations in individual commodity items.
• 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.

In the event Merchant does not take delivery of the shipment at destination after notification has been given to the Notify Party, or when Carrier considers there has been a breach by Merchant, or in the opinion of the Carrier that goods will likely deteriorate, decay, become worthless, endanger other cargo or property, cause harm to any person, or incur charges, without any further obligation, Carrier may, at its discretion and without liability or any notice to Merchant, and without any need for court order, store, sell, dispose of, or abandon cargo at any time or place at the expense and sole risk of Merchant. Any proceeds received shall be due Carrier and be applied to all sums due Carrier under said bill of lading. Upon storage, sale, disposal, or abandonment of cargo, goods shall be considered delivered to Merchant under said bill of lading. Merchant shall indemnify Carrier from and against all liabilities incurred in relation to the storage, sale, disposal, or abandonment or cargo.

In lieu of the carrier furnished containers, shippers may offer cargo for ocean transportation in shipper furnished containers subject to the following provisions:

• The container must be of body and frame construction acceptable to the carrier and must be manufactured and equipped in accordance with all applicable United States, other local National and International Laws, Regulations and Safety requirements.
• Shipper furnished containers will be subject to inspection, approval and acceptance for carriage on the carrier’s vessel prior to loading by the carrier’s authorized personnel. Any containers found to be unsuitable will not be accepted for carriage.
• Each such container and its cargo will be subject to all rates, rules and regulations of this tariff.
• Shipper will be required by the carrier to submit documentary evidence of ownership or lease holdership of the container offered for shipment.

For full containers, NRAs will list the lump sum per container, and for LCL, will list the charge based on rates calculated per CBM subject to a minimum charge of 1 CBM.

• Upon tender of cargo to Carrier, Shipper shall provide to Carrier a Shipper Actual Gross Mass Weight Verification (“VGM”) which meets the requirements of the International Maritime Organization (IMO) per its Guidelines relating to the Safety of Life at Sea Convention (SOLAS) for the export of containerized cargo. Carrier shall charge for coordination of the VGM with respect to the timely delivery of same to the appropriate ocean carrier and/or terminal operator as the Shipper and Carrier may otherwise agree to in writing relating to specific difficulties which may or may not be present in the specific shipper's requirements.
• If a Shipper does not provide a satisfactory VGM to Carrier prior to tendering the cargo to Carrier, Carrier has the right to refuse to accept such cargo until one is provided to Carrier or if Carrier does accept container(s) from Shipper it may lawfully opt to not deliver the container(s) to the ocean terminals for loading on a vessel until it does receive a satisfactory VGM. Any expenses, charges, penalties or claims which may result from the untimely or non-receipt of an acceptable VGM is for the account of Shipper.
• At Carrier’s sole option, Carrier can arrange to obtain a VGM on Shipper’s behalf provided that Carrier agrees to do so in writing and by Shipper providing an executed written authorization for Carrier to do so in a format acceptable to Carrier whereby Carrier agrees to act as an agent on Shipper’s behalf solely for that purpose. Accepting that function shall not otherwise alter Carrier’s relationship as an independent contractor as Carrier. Shipper agrees that in this case, Carrier may name itself as an additional party to the VGM. In the event that Carrier agrees to provide this service Carrier shall charge for coordination of the VGM with respect to the timely delivery of same to the appropriate ocean carrier and/or terminal operator as the Shipper and Carrier may otherwise agree to in writing relating to specific difficulties which may or may not be present in the specific shipper's requirements.
• VGM’s provided by the Shipper to Carrier pursuant to the IMO SOLAS Guidelines shall have been obtained from either Method 1 as described by SOLAS, which requires that the full container load was weighed after it was packed, and/or Method 2 which requires weighing all the cargo and contents of the container and adding the tare weight of the container as indicated on the door of the container.
• Whether Method 1 or Method 2 is utilized by the Shipper, for the shipper’s weight verification to be compliant with the IMO SOLAS Guidelines requirement, it must be “signed”, meaning a specific person representing the shipper is named and identified as having verified the accuracy of the weight calculation on behalf of the shipper. Identification of the person signing requires that their full name, address, and phone number/e-mail address be provided. Carrier shall electronically transmit or otherwise deliver said VGM to the underlying ocean carrier. Carrier’s charges for this service shall be as the Shipper and Carrier may otherwise agree to in writing relating to specific difficulties which may or may not be present in the specific shipper’s requirements.
• Method 2 shall not be allowed by Carrier for scrap metal, un-bagged grain and other cargo in bulk “that do not easily lend themselves to individual weighing of the items to be packed in the container.”
• Carrier will not accept estimates of weight, and the weighing equipment used must meet national certification and calibration requirements. Further, the party packing the container cannot use the weight somebody else has provided, except that individual, original sealed packages that have the accurate mass of the packages and cargo items (including any other material such as packing material and refrigerants inside the packages) are clearly and permanently marked on their surfaces.
• If containers are delivered to the piers/terminals by the Carrier without a satisfactory VGM and the loading port has appropriate weighing facilities, all charges, fees, and/or penalties with respect to weighing subject container shall be for the account of the Shipper.
• Carrier shall not be responsible for charges, fees, penalties or other claims for containers for which a verified weight was provided prior to loading in a preceding load port and which may be loaded in transshipment ports which may require another VGM whether or not the SOLAS Guidelines require such reweighing.
• Shippers who tender less-than-container load (“LCL”), whether beneficiary cargo owners, or non-vessel operating common carriers shall similarly provide VGMs for cargo tendered to Carrier loading facilities, and are subject to all weight regulations herein. Carrier reserves the option of weighing LCL cargo or full container loads (“FCL”) loaded at the premises of Carrier or on behalf of Carrier by third parties, and to produce a corresponding VGM for charges as the Shipper and Carrier may otherwise agree to in writing relating to specific difficulties which may or may not be present in the specific shipper's requirements.
• Shipper shall be solely responsible for all charges and fees from ocean carriers and/or terminals resulting from any VGMs improperly provided by Shipper and/or third parties, or for any other reason whatsoever, including charges and fees relating to demurrage, detention, per diem, related to ocean carriers’ and terminals’ implementation of SOLAS. Carrier shall not be responsible for any “roll overs” of Shipper’s container(s) related to VGM reasons whereby the containers are not loaded on a particular vessel.

Shipper/Consignee for CY origin shipments shall be jointly severally and absolutely liable for any fine, penalty or other sanction imposed upon carrier, its agent motor/rail carrier by authority for exceeding lawful over-the-weight limitations in connection with any transportation services provided under this tariff and occasioned by any act of commission or omission of the shipper/consignee, its agent or contractors, and without regard to intent, negligence or any other factor. When carrier pays any such fine or penalty and assumes any other cost or burden, arising from such an event, it shall be on behalf of and for benefit of the cargo interest and carrier shall be entitled to full reimbursement therefore upon presentation of an appropriate invoice. Nothing in this rule shall require carrier, its agents or motor/rail carrier to resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction and carrier shall not have any liability to the cargo interest should it not do so. Any charges Incurred in re-handling cargo to comply with maximum weight restrictions will be for account of cargo.

The party responsible (i.e., the shipper or the consignee) for the shipment exceeding any lawful weight limitation shall indemnify and hold the ocean carrier transporting the shipment, its agents and the motor/rail carrier(s), harmless from any and all damages or liability from claims by whomever brought arising in whole or in part from the shipment exceeding any lawful weight limitation. Such indemnification shall Include attorneys' fees and all costs Incurred in the defense of such claim(s).

When containers are loaded and sealed by shipper, carrier or its authorized agent will accept same as "Shipper's load and count" and the Bill of Lading shall be so claused, and:

No container will be accepted for shipment if the weight of the contents thereof exceeds the weight carrying capacity of the container.

Carrier will not be directly or indirectly responsible for:

• Damage resulting from improper loading or mixing of articles in containers, or shipper's use of unsuitable or inadequate protective and securing materials when loading to open-side flat-rack type containers.
• Any discrepancy in count or concealed damage to articles. Except as otherwise provided in the NRA, shipments destined to more than one port of discharge may not be loaded by the shipper into the same container. Except as otherwise provided, materials, including special fittings, and labor required for securing and properly stowing cargo in containers moving in CY service, including but not limited to lashing, bulkheads, cross members, platforms, dunnage and the like must be supplied by shippers at their expense and the carrier shall not be responsible for such materials nor their return after use. The carrier shall not be liable in any event for any claim for loss or damage to the cargo arising out of improper or inadequate mixing, stuffing, tallying or bracing of cargo within the container.

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:

• A 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:

• 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.
• 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.
• This rule will apply to full Bill of Lading quantities or full container loads only.
• 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.
• 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 $100/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.
• Diversion charges or administrative charge are payable by the party requesting the diversion.

Security fees are applicable on many shipments and included in the lump sum listed on the NRA.

Except as otherwise provided in each individual NRA, the following articles will not be accepted for transportation:

• Cargo, loose on platforms or pallets, except when prior arrangements have been concluded with Carrier.
• Cargo which because of its inherent vice is likely to impregnate or otherwise damage Carrier’s containers or cargo.
• Bank bills, coin or currency; deeds, drafts, notes or valuable paper of any kind; jewelry (Including costume novelty), except where otherwise specifically provided; postage stamps or letters and packets of letters with or without postage stamps affixed; precious metals or articles manufactured therefrom; precious stones; revenue stamps; works of art; antiques or other related or unrelated old, rare or precious articles of extraordinary value except when prior arrangements have been concluded with carrier.
• Corpses or cremated remains.
• Animals, birds, fish, livestock.
• Eggs, viz: Hatching.
• Poultry or pigeons live (Including birds, chickens, ducks, pheasants, turkeys, and any other fowl).
• Silver articles or ware, sterling.
• Except as otherwise provided herein or in tariffs making reference hereto, articles tendered for transportation will be refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the carrier to accept an article so offered for transportation when enclosure in a container is reasonably necessary for protection and safe transportation.
• Carrier, except as provided in tariffs making reference hereto, will not accept for transportation articles which, because of their length, weight or bulk cannot in carrier's judgment be safely stowed wholly within the trailer or containers dimensions.
• Shipments containing cargo likely to contaminate or injure other cargo, including green salted hides.

Unless otherwise provided herein, any item described as “Freight All Kinds” shall consist of a minimum of two different commodity items. Further restrictions to the item shall be contained in the NRA.

Different levels of Service are offered by the Carrier. Unless otherwise specified in the individual NRA, NRA’s are applicable for Regular Service.

Carrier requires complete and accurate Automated Export System / Shippers Letter of Instructions no later than 48 hours prior to port cut-off date or 2 hours before train border crossing. U.S. Customs and Border Protection (CBP) may impose penalties for failure to comply with the U.S. Bureau of Census, Mandatory Automated Export System regulations which will be for the account of the cargo.

• Document fees are considered origin and destination local charges and shall be for the account of the cargo.
• Timely submission of the required data to the Carrier is the sole and exclusive responsibility of the Merchant named on the Bill of Lading/Waybill. This includes submission of Bill of Lading/Waybill instructions (SLI) and confirmed export clearance (in the US EEI filing citation or proof of exemption). This must be provided within the documentation cut-off time provided by the Carrier. In the event the Merchant fails to comply with the above obligations, the Merchant shall be liable to the Carrier for, and shall hold the Carrier harmless from, any loss, damage, delay, expense, charges, fines, penalties, or liability incurred by, or levied upon, the Carrier or the goods, including but not limited to demurrage, roll-over and/or storage charges, as a result of the non-compliance. In addition, a Late Documentation Charge may be levied.

If applicable, all AMS filing fees will be provided for in individual NRA’s. Changes or corrections to AMS information already submitted to U.S. Customs may be subject to additional fees and will be for the account of the cargo.

All Importer Security Filing data as required by US Customs must be submitted 48 hours prior to loading if carrier is responsible to entering with Customs.

Shippers must comply with all customs and consular regulations. Any fine or penalty imposed by government authorities for failure to comply with customs or consular regulations shall be at the expense of shipment. Goods which are not cleared through customs for any reason may be cleared by Carrier at the expense of the cargo and may be warehoused at the risk and expense of the cargo or may be turned over to the Customs authorities without any further responsibility on the part of the Carrier.

NRAs are not inclusive of U.S. Customs related charges, such as, but not limited to, Customs clearance assessments, USDA/FDA/US customs examination, X-ray, insurance, storage, forwarding charges, drayage, demurrage, bonded warehousing, formal customs entry, if required, or tax and duties. Any such accrued U.S. Customs related charges shall be at the expense of the cargo.

Carrier will require complete and accurate shipping instructions by the “Document Due by Date” mentioned on the NRA, Booking Confirmation / Rate Confirmation document. If not received by the “Document Due By date”, cargo will be rolled/postponed to the next available vessel and all costs associated with the postponement (handling, storage, demurrage, etc.) will be billed to the Shippers/Owners Account. All Cargo Roll-Over Fees charged by the VOCC are for the account of the cargo.

Goods received at break-bulk terminal, CFS or CY are subject to free time and detention, demurrage, or storage provisions of the appropriate port terminal tariff or ocean common carrier 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 shall be as follows:

• Export: Number of free days for per diem depends on the carrier and any charges over that amount are for the account of the cargo.
• Import: Number of free days for per diem or demurrage depends on the carrier and any charges over that amount are for the account of the cargo.

The rules and charges applicable to a given shipment must be those in an NRA and in effect when the cargo is received by the ocean carrier or its agent (Including originating carriers in the case of NRAs for through transportation). A shipment shall not be considered as “received” until the full bill of lading quantity has been received.

Heavy lift and or out of gauge cargo charges are applicable and shall be included in the individual NRA.

Not applicable.

Currency

Rates and charges are quoted in U.S. Currency and have been determined with due consideration to the relationship of U.S. currency to other currencies involved. In the event of any material change in exchange rates, carrier reserves the right, upon publications in conformity with the provisions of the U.S. Shipping Act of 1984, as amended, to adjust the NRAs and charges as required.

Payment in U.S. Dollars

Except as otherwise noted, freight and charges shall be prepaid in the United States in US currency.

Carrier’s bill of lading, front and back provided herein.

• The liability of the Carrier as to the value of shipments at the NRAs herein provided shall be determined in accordance with the clauses of the Carrier's regular Bill of Lading form attached in rule 7.
• If the Shipper desires to be covered for a valuation in excess of that allowed by the Carrier's regular Bill of Lading form, the Shipper must so stipulate in Carrier's Bill of Lading covering such shipments and such additional liability only will be assumed by the Carrier at the request of the Shipper and upon payment of an additional charge based on the total declared valuation in addition to the stipulated NRAs applying to the commodities shipped as specified herein. Where value is declared on any piece or package in excess of the Bill of Lading limit of value of $500.00 the Ad Valorem rate, specifically provided against the item, shall be calculated at $.60/$100 of the value declared in excess of the said Bill of Lading limit of value and is in addition to the base NRA. Should the Shipper require Insurance covering such shipments, such additional liability only will be assumed by the Carrier at the request of the Shipper and upon payment of an additional charged based on the value to be insured. The Ad Valorem rate shall be calculated at $.70/$100 of the total value to be insured which shall Include Cost of Goods + Freight Charges + 10% and is in addition to the base NRA.

• The Carrier from time to time tenders cargo for co-loading.
• Carrier enters into carrier-to-carrier relationships for co-loading of cargo with the following NVOCCs from time to time: Vanguard Logistics, Carotrans, Shipco, Econocaribe, Troy Container Lines, and Royal Cargo Line.
• If Carrier enters into a co-loading arrangement which results in a shipper-to-carrier relationship as a tendering NVOCC Carrier shall be responsible to pay any charges for the transportation of the cargo.
• A shipper-to-carrier relationship shall be presumed to exist where Carrier issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo unless Carrier and the tendering NVOCC enter a Carrier-to-Carrier Agreement in which case the presumption of a formation of a Carrier to Shipper relationship is rebutted. Carrier’s NRA procedures shall be applicable to all co-loading NVOCCs tendering cargo to Carrier as a shipper.
• Carrier as part of the NRA process shall annotate in a clear and legible manner on each bill of lading where the identity of any other NVOCC may be located in its Rules Tariff to which the shipment has been tendered for co-loading.
• Co-loading rates. If cargo is accepted by Carrier from another NVOCC which tenders that cargo in the capacity of a shipper, NRA procedures shall apply.
• When shipper’s cargo is co-loaded with another NVOCC, the bill of lading liability referenced in Rule 7 will not be altered.

Except as otherwise provided in paragraph below, hazardous, explosive, flammable or dangerous cargo, as defined in the publications named below, will be accepted by the Carrier for transportation under the rules, charges and rates named in NRAs governed by this Tariff:

• ONLY after prior booking and arrangements have been made with and accepted by the Ocean Carrier;
• ONLY when local regulations, ordinances and lawful authorities at origin, destination or transshipment ports/points permit the handling of such cargo at Carrier's or port terminals and facilities;
• ONLY when U.S. Coast Guard and/or local authority permits have been obtained and complied with by Shipper and/or Consignee.
• Carrier reserves the right to refuse to accept or transport cargo which, in the judgment of the Carrier, is opprobrious or likely to injure vessel, docks, terminals, rail cars, trucks or other cargo, or for which the Carrier CANNOT provide or obtain safe and suitable terminal space or stowage. Further Carrier will refuse any shipment of hazardous, explosive, flammable, dangerous or objectionable cargo when shipping containers, marking, labels, certifications, packing or packaging of such cargo is NOT in accordance, and strict compliance, with the rules, regulations and provisions in the publications named below.
• All commodities required to be carried on-deck of transporting vessel, either in the open or under cover, or which if stowed below deck must be stowed in a "magazine", or which cannot be loaded or unloaded without a permit from the U.S. Coast Guard, shall be considered, for Tariff purposes, hazardous or dangerous cargo, and will be rated accordingly.

The hazardous cargo named below will NOT be accepted for transportation by the Carrier or its connecting Carriers for transportation under the rules, regulations governed by this Tariff: Classes A and B Explosives; Radioactive Substances (IMCO Class No. 7).

All hazardous, explosive, flammable or dangerous cargo, when accepted by the Carrier for transportation MUST be packed, labeled, placarded, marked, stowed and secured (when in containers) and delivered in strict accordance with:

• U.S. Coast Guard Regulations (46 CFR §§146-179);
• U.S. Department of Transportation Regulations (49 CFR §§170-179);
• the International Maritime Dangerous Goods Code (IMCO – published by the Inter-Governmental Maritime Consultative Organization);
• All rules and regulations promulgated by applicable local, municipal, state or foreign governments or authorities;
• MUST have all Certifications, as required by law, annotated on the B/L, Shipping Order and Cargo Receipt;
• MUST have Shipper's attestation, when required, on the B/L and Shipping Orders that the shipment contains no mix of non-compatible hazardous materials and no hazardous waste as defined in the regulations named above.

When booking hazardous cargo, Shipper and/or his agent MUST inform Carrier accurately and completely of the true character of the cargo together with the information noted below in writing, or it MUST be confirmed in writing when arrangements and booking has been made verbally:

• The proper shipping name, including trade or popular name, of the commodity followed by the technical name of the materials;
• The hazardous class, IMCO Code Number and UN Number (if any);
• The flash point or flash point range (when applicable);
• The applicable label(s) or placard(s) that must be placed on each package or container, including labels communicating secondary and tertiary hazards (when required);
• Identification of the type of packaging (e.g. drums, cylinders, barrels, etc.);
• The number of pieces of each type of package;
• The gross weight of each type of package or the individual gross weight of each package;
• The Harmonized Code, SITC or BTN number of the commodity;
• The types of certifications and Emergency Response Data required by the regulations named in the publications listed above.

At the time hazardous cargo is tendered for transportation, all documentation, certifications, transfer shipping papers (as required by 49 CFR §§100-199 when applicable), and the Bill of Lading annotations required under the regulations and provisions noted in the publications listed above, MUST be furnished to originating carrier, unless such documents have already been provided prior to tendering of cargo. Carrier will compare declarations on all documentation provided at the time of shipment for possible errors; however, it is, and shall remain, the sole responsibility of the Shipper to insure that all such documentation is correct and complete. Further, it is the Shipper's responsibility to insure that all pieces, packages and units in the shipment are clearly and properly marked with the required labels and placards.

When a shipment has been accepted by the Carrier for transportation and subsequently an error is found in the required certifications, packaging, labeling, placarding or other required notice or marking requirement(s) and regulation(s), all damages, fines or penalties, actual or consequential, shall be for the account of the party required to provide such certifications, packaging, labels, placards, etc.

When required by law, governmental regulations, the regulations specified in the publications listed above or by underlying VOCC utilized, it is necessary to forward hazardous cargo separately from non-hazardous cargo, the hazardous cargo will be considered and handled as a separate shipment and rated accordingly. Additionally, when a shipment contains 2 (two) or more hazardous articles which, under the provisions of the regulations specified in the publications listed above, are prohibited from being loaded or stored together, each article or group of incompatible articles in the shipment will be considered and handled as a separate shipment and rated accordingly.

All shipments of Hazardous cargo as defined in this Rule, when accepted and transported by Carrier will be subject to the Hazardous Cargo Surcharge named in the NRA governed by this Tariff (if any), which charge shall be in addition to all other applicable charges.

Any charges for storage, detention or demurrage of freight or containers are for the account of the cargo and will be charged in addition to the NRA.

Shipper or Consignee requests or complaints (including request for adjustment in NRAs, tariff interpretation), must be made in writing and addressed to the carrier as shown on the title page.

Carrier does not own or lease equipment. Any ensuing charges are for the account of the cargo and will not be included in the NRA.

Origin and destination terminal handling charges are for the account of the cargo. If prepaid, these will be included in the NRA.

A. Bonding of NVOCC

Carrier has furnished the Federal Maritime Commission a bond in the amount required by 46 CFR §§ 515, 521 to ensure the financial responsibility of Carrier for the payment of any judgment for damages or settlement arising from its transportation related activities or order for reparations issued pursuant to Section 11 of the Shipping Act, 1984 or penalty assessed pursuant to Section 13 of the Act.

Bond No. 570216. Issued By: Merchants National Bonding, Inc., 6700 Westown Parkway, West Des Moines, IA 50266-774.

B. Agent for Service of Process

Carrier's legal agent for the service of judicial and administrative process, including subpoenas is: Western Surety Company, 6 Mill Ridge Lane, Chester, NJ 07930.

If the shipper or a member of a shipper's association tendering cargo to the Carrier is identified as an NVOCC, the carrier shall obtain documentation that the NVOCC has an active tariff published and a bond on file with the US Federal Maritime Commission as required by Sections 8 and 19 of the Shipping Acts of 1984 and 1998 before the Carrier accepts or transports cargo for the account of the NVOCC.

A copy of the tariff rule published by the NVOCC and in effect under 46 CFR §§ 520 and 532 will be accepted by the Carrier as documenting the NVOCC's compliance with the FMC tariff and bonding requirements of the Acts.

CARRIER

means publishing carrier and/or inland U.S. Carriers.

CONSIGNOR, CONSIGNEE OR SHIPPER

Include the authorized representatives or agents of such "consignor," "consignee," or "shipper."

CONTAINER FREIGHT STATION (CFS)

(Service Code S) — At Origin: the location designated by the carrier where the carrier will receive cargo to be packed into containers by the carrier, or his agent. At Destination: the location designated by the carrier for the delivery of containerized cargo to be unpacked from said containers.

CONTAINER LOAD (CL)

Means all cargo tendered to carrier in shipper-loaded containers.

CONTAINER YARD

The term "Container Yard" (CY) (Service Code Y) means the location where carrier receives or delivers cargo in containers.

CONTROLLED TEMPERATURE

means the maintenance of a specific temperature or range of temperatures in carrier's trailers.

DRY CARGO

means cargo other than that requiring temperature control.

IN PACKAGES

shall include any shipping form other than “in bulk,” “loose,” “in glass or earthenware, not further packed in other containers” or “skids.”

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.

KNOCKED DOWN FLAT (KDF)

means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 66 2/3 percent from its normal shipping cubage when set up or assembled.

LESS THAN CONTAINER LOAD (LTL)

means all cargo tendered to carrier not in shipper-loaded/stuffed containers.

LOADING OR UNLOADING

means the physical placing of cargo into or the physical removal of, cargo from containers.

MIXED SHIPMENT

means a shipment consisting of articles described in and rated under two or more NRAs.

MOTOR CARRIER

means U.S. Motor Carrier or Motor Carriers.

NVOCC SERVICE ARRANGEMENT (NSA)

means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of nonperformance on the part of any party.

NSA SHIPPER

means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers' association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U.S.C. 40102(16)), that accepts responsibility for payment of all applicable charges under the NSA.

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 must be enclosed each smaller piece within the next larger piece or three or more of the articles must be placed one within the other so that each upper article will not project above the lower article more than one third of its height.

NESTED SOLID

means that three or more of the articles must be placed one within or upon the other so that the outer side surfaces of the one above will be in contact with the inner side surfaces of the one below and each upper article will not project above the next lower article more than one-half inch.

ONE COMMODITY

means any or all of the articles described in any one-NRA.

PACKING

covers the actual placing of cargo into the container as well as the proper stowage and securing thereof within the container.

PUBLISHING CARRIER

means INTERGLOBAL FORWARDING SERVICES, INC., a Non-Vessel Operating Common Carrier (NVOCC) licensed by the U.S. Federal Maritime Commission under FMC License and Organization No. 001268N.

RAIL CARRIER

means U.S. rail carrier or rail carriers.

SHIPMENT

means a quantity of goods, tendered by one consignor on one bill of lading at one origin at one time in one or more containers for one consignee at one destination.

STUFFING – UN-STUFFING

means the physical placing of cargo into or the physical removal of cargo from carrier's containers.

UNPACKING

covers the removal of the cargo from the container as well as the removal of all securing material not constituting a part of the container.

This tariff is published on the web at www.gbpacking.com. Please refer to the tariff profile or title page for additional contact information.