TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                                                                                               ITEM NO.

 

BILLS OF LADING, FREIGHT BILLS AND STATEMENTS OF CHARGES – DOCUMENTATION                                         360

 

        (Exception to NMFC Item 360)

 

(A)               Alaska Marine Lines will provide the following documentation as part of the freight service as provided in this and other Alaska Marine Lines Tariffs:

 

(1)           Bill of lading sets consisting of the shipper’s copy.

 

(2)           Freight bill sets consisting of original freight bill and remittance only to the “Bill To” party;

 

(3)           Delivery receipt sets consisting of the customer memo copy only to the consignee.

 

(B)                When the shipper, consignee, or bill to party, or other lawful parties require or request copies of documentation in addition to what is provided in Paragraph (A), above, then the following charges shall apply for this service:

 

(1)           $.50 per page with a minimum of $5.00 per request;

(2)           Charges for delivery of documentation will be as follows:

(a)        U.S. Mail or express service cost, plus 10%

(b)        Electronic Service - $.50 per page with a minimum or $4.00 per delivery.

 

BILLS OF LADING OR FREIGHT BILLS INVOLVING A CHANGE IN COLLECTION STATUS:                                                            362

 

Corrected bills of lading, corrected freight bills or other written instructions from the consignor or connecting carrier to change the freight charge collection status from “Prepaid” to “Collect” or from “Collect” to “Prepaid” may be accepted only if received by Alaska Marine Lines, Inc., within a period of thirty (30) days from the date of the initial bill of lading.

 

NOTE 1:             Unless credit has been established with the carrier, corrected bills of lading, corrected freight bills or other written instructions to change the freight collection status from “Prepaid” to “Collect” will not be accepted under any circumstances once the shipment has been delivered.

 

NOTE 2:             When a change in collection status is allowed, a charge of $20.00 for the change will be assessed against the ultimate payer of the freight charge.  The charge will not apply if the change in collection status is necessary because of carrier’s error.

 

BILLS OF LADING, OTHER THAN AKMR:                                364

 

When Alaska Marine Lines or it’s authorized agent signs for receipt on any shippers or carriers bill of lading, other than an AKMR bill of lading, Alaska Marine Lines shall only be acknowledging receipt of the shipment, and shall not be accepting the terms or conditions as described on the shippers or carriers bill of lading.

 

When a shipment is received on a bill of lading other than an AKMR bill of lading, all contract terms and conditions for water carriage, as stated in Item 365, shall remain applicable.

 

 

ISSUED:         June 2, 1997                        EFFECTIVE:                        July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                 File No. 20

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                                                                                               ITEM NO. 365

 

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BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:

 

 

1.           DEFINITIONS.

 

a.           "Carrier" refers to ALASKA MARINE LINES, INC. as well as its affiliated business entities, subcontractors and agents, and their respective owners, directors, officers and employees.

 

b.           "Consignee" refers to the entity identified as such on the face of this Bill of Lading or otherwise by Shipper as the entity to receive the goods.

 

c.           "Goods" refers to those items of personal property with respect to which Carrier has been requested to or does perform services, including all packing and packaging of the goods as well as all other items or materials associated with the goods, including, without limitation, crates, cradles, pallets, tanks, platforms and containers.  The term "goods" shall be synonymous with "shipments," "cargo," "cargoes," "pieces," "packages," "commodities" and "personal property."

 

d.           "Entity" refers to all forms of business entities as well as to natural persons.

 

e.           "Shipper" refers to the entity engaging Carrier with respect to the goods and, unless the context herein otherwise clearly indicates to the contrary, shall include the owner, consignor, consignee and all others who may have right of claim by, through or with respect to the goods.

 

2.           FREIGHT AND OTHER CHARGES.

 

a.           Freight and Storage.  Freight and storage charges shall be as identified by Carrier in its applicable rate quotation, transportation agreement, Bill of Lading and/or tariff, as applicable.

 

b.           Other Charges.  Shipper shall also be responsible for all assessments, charges and/or expenses upon or against the goods pursuant to this Bill of Lading and/or Carrier's tariff, including, without limitation, all dues, taxes, duties, fines, penalties applicable to the goods, advances made by Carrier, additional expenses incurred by virtue of Shipper's actions, omissions or failure to comply with its obligations hereunder, and expenses incurred as a result of unforeseen or extraordinary circumstances.  Freight, storage and/or other charges based upon inaccurate or incomplete instructions or particulars from Shipper may be recalculated by Carrier.

 

c.           Payment.  Freight, storage and other charges shall be fully earned upon tender of the goods by Shipper or commencement of performance by Carrier, whichever shall first occur, and payable in advance and/or prior to delivery of goods unless otherwise agreed in writing by Carrier.  All sums due shall be payable in U.S. dollars without deduction or offset.  Interest on sums due but not paid shall accrue at the rate of one percent (1%) per month or the highest rate allowed by law.  Shipper, specifically including all entities identified in the definition of that term above, shall be jointly and severally liable for payment of all sums due hereunder.

 

                                                                                                                 (Continued)

 

ISSUED:         June 9, 2009                                                                                               EFFECTIVE:                      June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 21

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                                                                                               ITEM NO. 365

  

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BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)

 

 

3.           INFORMATION FROM SHIPPER.  Shipper warrants the accuracy and completeness of all information, instructions and particulars relating to the goods, including their nature, description, special characteristics, marks, number, weight, volume and quantity, etc., upon all of which Carrier shall rely.  Shipper shall reimburse Carrier for any loss or expense (including additional charges) resulting from any such inaccurate or incomplete information, instructions or particulars.

 

4.           HAZARDOUS GOODS.  Shipper must identify to Carrier in writing prior to shipment any goods which require specialized handling or are dangerous or hazardous, and Carrier must specifically agree to transport the same.  In such an event, Shipper shall provide complete and accurate handling instructions, including relevant safety procedures, and shall be solely responsible for the completion of all documentation required and otherwise for compliance with applicable regulations and laws relating to the goods and/or the transportation thereof.  Should any such goods create a risk of harm to persons or property and/or make the transportation thereof impractical, in Carrier's opinion, Carrier may discharge, store and/or dispose of any or all of such goods at Shipper's risk and expense.            

 

5.           REFRIGERATED, PERISHABLE AND VALUABLE GOODS.  Shipper must identify to Carrier in writing prior to shipment any perishable, temperature controlled, keep from freezing, chilled or frozen goods, and Carrier must specifically agree to transport the same.  In such an event, Shipper shall identify in writing to Carrier the nature of the goods and the specialty conditions, temperature, humidity, etc. under which they are to be transported and shall also be responsible for tendering the goods to Carrier with a uniform core temperature below that at which the goods are to be transported.  Carrier shall not be responsible for freezing down or reducing the core temperature of goods but, rather, only for maintaining an ambient temperature in the relevant conveyance within ten (10) degrees Fahrenheit of the temperature at which such goods were tendered to Carrier.  Carrier shall not be responsible for stains, discolorations, holes, chafing, breakage or splitting of lumber, timber, plywood, wood products, etc., whether or not protected and/or covered.  Shipper shall not tender for transportation any live animals, art objects, bank bills, coins, currency, drafts, notes, valuable papers, precious metals, precious stones, antiques or any other rare, old, precious or semi-precious articles of extraordinary value.

 

6.           TENDER OF GOODS TO CARRIER.  Shipper shall be responsible for tendering the goods to Carrier at the time and place identified, with all such goods to be in good order, count and condition, and packaged, protected, packed, stowed and/or shored sufficiently to withstand the rigors of storage and transportation, including without limitation transportation by uncovered barge and exposure to weather, moisture, humidity, heat, rolling, pitching and similar barge movements.

 

 

 

 

 

                                                                                                                          (Continued)

 

 

 

 

 

 

 

 

 

 

 

ISSUED:         June 9, 2009                                                                         EFFECTIVE:                        June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 22

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                               ITEM NO. 365

 

ISSUED:         June 9, 2009                                                                            EFFECTIVE:                                                June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 23

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                               ITEM NO.  365

 

 

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BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)

 

12.         CLAUSE PARAMOUNT.  The U.S. Carriage of Goods By Sea Act is fully incorporated into this agreement and shall apply at all times the goods are in the custody, care and/or control of Carrier including before loading to the vessel, during all transportation, through and after discharge and otherwise until delivery.  Neither Carrier nor vessel shall in any event be liable for loss/damage to or in connection with the goods in an amount exceeding $500 U.S. per package (with single largest Shipper provided, stuffed, packed and/or loaded, etc. unit, such as a single container, trailer or pallet, whichever is largest, or entire machine or piece of equipment, as applicable, to be the relevant package, and not the individual contents, boxes or pieces thereof, or in or on such unit), or in case of goods not in packages per customary freight unit, unless a higher value for the goods has been declared in writing by Shipper to Carrier before shipment and inserted on the face hereof and Shipper has paid increased charges with respect thereto.  Shipper hereby authorizes on deck or under deck transportation, and/or transportation by unmanned, open deck barge, at Carrier's option.

 

13.         EXCEPTIONS.  Carrier shall not be liable for any loss, damage, delay, shortage, misdelivery, failure to deliver or other result caused by:  act of God; peril of the sea; act of terrorism; act of public enemy; act of war; act of public or government authority or other with apparent public or government authority; fire, unless caused by the actual fault or privity of Carrier; quarantine; act or omission of Shipper or its agent or representative; strike, lockout or other labor dispute; sabotage; riot or other civil commotion; wastage in bulk or weight or arising from the nature of the goods; inherent vice; improper or insufficient packing, securing, packaging, marking or addressing; latent defect not discoverable by due diligence; compliance with instructions from Shipper; goods loaded by Shipper into sealed containers or other packages, providing the seal remains unbroken and the container or other package is not physically damaged; errors in operation or navigation; and/or any other cause or event arising without the actual fault and privity of Carrier.

 

14.         CLAIM LIMITATIONS.  Delivery of the goods without written notification of damage on the front of Carrier's Bill of Lading or delivery receipt shall be prima facie evidence that the goods were delivered in the same good order, count and condition as when received by Carrier; if such loss/damage is not apparent at delivery, notice must be given within three (3) days of delivery.  Carrier shall have an opportunity to inspect the goods, including their packing and packaging, in the same condition as upon delivery and before any alteration or destruction thereof.  In any event, Carrier shall be discharged from all liability with respect to any loss/damage to or in connection with the goods and/or the transportation thereof unless suit is filed against Carrier within one (1) year of delivery or the date upon which the goods should have been delivered.

 

 

 

 

 

 

 

                                                                                                              (Continued)

ISSUED:         June 9, 2009                                                                   EFFECTIVE:                                                              June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                               File No. 24

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                 ITEM NO.  365

 

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BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)

 

15.         NEW JASON/GENERAL AVERAGE.  General average shall be adjusted, stated and settled in accordance with York-Antwerp Rules 1994, excluding Rule B thereof, at a port/place selected by Carrier, and as to matters not provided for by said Rules according to the laws and usage of the Port of Seattle, with a tug and barge(s) not deemed involved in a common maritime adventure unless each such vessel is actually and directly exposed to a common peril; a vessel is not in common peril with another if by disconnecting it is in a position of safety or ceases to be actually and directly exposed to such peril.  The parties hereby acknowledge the goods are carried in accordance with the recognized custom of the trade. 

 

To the extent required by Carrier, average agreement, bond and additional security shall be furnished by Shipper prior to the discharge/release of the goods.  Any cash deposit shall be payable in U.S. currency, remitted to an average adjuster of Carrier's choosing and held in a special account in the adjuster's name, with interest thereon to become a part thereof pending settlement of general average. 

 

In the event of accident, danger, damage or disaster, before or after commencement of voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequences of which Carrier is not responsible by statute, contract or otherwise, the goods and Shipper shall contribute with Carrier and the vessel(s) in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred with respect to the goods.  If a salving ship is owned/operated by Carrier, salvage shall be paid for as if such salving ship belonged to strangers.

 

16.         BOTH-TO-BLAME COLLISIONS.  In the event of loss/damage to goods resulting from collision, if the vessels or either of them should collide or come into contact with another ship or object as a result of the negligence of the other ship or object and any act, neglect or default of master, mariners, pilot or servants of Carrier in the navigation, management or maintenance of the vessel(s), Shipper shall indemnify Carrier and the vessels from and against all loss and liability to the other or non-carrying ship, her owners and any third parties insofar as such loss and liability represents a loss of, damage to or any claim whatsoever of Shipper, the owners of the goods and/or their underwriters, paid or payable by the other or non-carrying ship, her owners or third parties to Shipper, the owners of the goods or their underwriters and set off, recouped or recovered by the other or non-carrying ship, her owners or any third parties as a part of their claim(s) against Carrier and/or the vessels.  The foregoing shall apply when the owners, operators or those in charge of any ship or object other than or in addition to those colliding are at fault with respect to such collision or contact.

 

17.         NO CONSEQUENTIAL DAMAGES.  Carrier shall not be responsible or liable for any indirect, consequential or special damages of any type or nature whatsoever and howsoever arising, including without limitation loss of profits, loss of income, loss of business opportunity, business interruption, loss or use and/or loss of ability to use undamaged component or system parts, and whether resulting from negligence, breach of contract or otherwise, regardless of whether such damages may have been foreseeable.

                                                                                                                        (Continued)

 

 

 

ISSUED:         June 9, 2009                                                                                EFFECTIVE:                                                June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 25

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                               ITEM NO.  365

 

p

BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)

 

15.         NEW JASON/GENERAL AVERAGE.  General average shall be adjusted, stated and settled in accordance with York-Antwerp Rules 1994, excluding Rule B thereof, at a port/place selected by Carrier, and as to matters not provided for by said Rules according to the laws and usage of the Port of Seattle, with a tug and barge(s) not deemed involved in a common maritime adventure unless each such vessel is actually and directly exposed to a common peril; a vessel is not in common peril with another if by disconnecting it is in a position of safety or ceases to be actually and directly exposed to such peril.  The parties hereby acknowledge the goods are carried in accordance with the recognized custom of the trade. 

 

To the extent required by Carrier, average agreement, bond and additional security shall be furnished by Shipper prior to the discharge/release of the goods.  Any cash deposit shall be payable in U.S. currency, remitted to an average adjuster of Carrier's choosing and held in a special account in the adjuster's name, with interest thereon to become a part thereof pending settlement of general average. 

 

In the event of accident, danger, damage or disaster, before or after commencement of voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequences of which Carrier is not responsible by statute, contract or otherwise, the goods and Shipper shall contribute with Carrier and the vessel(s) in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred with respect to the goods.  If a salving ship is owned/operated by Carrier, salvage shall be paid for as if such salving ship belonged to strangers.

 

16.         BOTH-TO-BLAME COLLISIONS.  In the event of loss/damage to goods resulting from collision, if the vessels or either of them should collide or come into contact with another ship or object as a result of the negligence of the other ship or object and any act, neglect or default of master, mariners, pilot or servants of Carrier in the navigation, management or maintenance of the vessel(s), Shipper shall indemnify Carrier and the vessels from and against all loss and liability to the other or non-carrying ship, her owners and any third parties insofar as such loss and liability represents a loss of, damage to or any claim whatsoever of Shipper, the owners of the goods and/or their underwriters, paid or payable by the other or non-carrying ship, her owners or third parties to Shipper, the owners of the goods or their underwriters and set off, recouped or recovered by the other or non-carrying ship, her owners or any third parties as a part of their claim(s) against Carrier and/or the vessels.  The foregoing shall apply when the owners, operators or those in charge of any ship or object other than or in addition to those colliding are at fault with respect to such collision or contact.

 

17.         NO CONSEQUENTIAL DAMAGES.  Carrier shall not be responsible or liable for any indirect, consequential or special damages of any type or nature whatsoever and howsoever arising, including without limitation loss of profits, loss of income, loss of business opportunity, business interruption, loss or use and/or loss of ability to use undamaged component or system parts, and whether resulting from negligence, breach of contract or otherwise, regardless of whether such damages may have been foreseeable.

                                                                                                                        (Continued)

 

 

 

 

 

 

 

ISSUED:         June 9, 2009                                                                EFFECTIVE:                                                              June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                               File No. 26

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                 ITEM NO.   ***

 __________________________________________________________________________________________________________________________________

 

 

 

***

 

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ISSUED:         June 9, 2009                                                                                  EFFECTIVE:                                                June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 27

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

 

                                                                                                  RULES                               ITEM NO.  ***

 

 __________________________________________________________________________________________________________________________________

 

 ***

 

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ISSUED:         June 9, 2009                                                           EFFECTIVE:                                                              June 11, 2009

ISSUED BY: pDAVID G. CURTIS, VICE PRESIDENT PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                               File No. 28