AMERICAN COTTON SHIPPERS ASSOCIATION CONTAINER TRADE RULES FOR U.S. COTTON SHIPPED FROM U.S. PORTS
(As Amended Through November 26,1984)
SECTION A: DEFINITIONS
1.CONTAINER YARD (CY) means a location where containers may be parked, picked-up or delivered full or empty. A container yard may further be a place of loading/stuffing by a shipper or unloading/devanning by a receiver of cargo, and/or where water carrier accepts custody and control of cargo at origin.
2.CONTAINER FREIGHT STATION (CFS) means a location where the water carrier and/or its agent is loading or unloading containers under their control.
3.HOUSE TO/CONTAINER YARD TO/DOOR TO means shipper-controlled loading at a location determined by the shipper. All costs beyond point of loading, as well as the cost of providing containers, at House/CY/Door are for the account of the party responsible for freight booking.
4.PIER TO/CONTAINER FREIGHT STATION TO means carrier-controlled loading where the cargo is delivered to the carrier at a pier or container freight station.
5.TO HOUSE/TO CONTAINER YARD/TO DOOR means deliver to consignee’s location (warehouse or mill) upon arrival at port of destination.
6.TO PIER/TO CONTAINER FREIGHT STATION means carrier will devan container at pier at port of destination or at a container freight station.
7.MINI-BRIDGE means cargo carried by rail or substitute transportation from U.S. port area to another U.S. port area for onward transportation in containers on water. Intermodal Bill of Lading is issued by the water carrier at originating port covering transport to the overseas destination.
8.MICRO-BRIDGE means cargo moving directly from interior point by rail or substitute transportation (either in containers or other equipment) to port for onward transportation in containers on water. Intermodal Bill of Lading is issued by the water carrier at interior loading point covering transport to the overseas destination.
9.LAND-BRIDGE means cargo arriving by water carrier, and moving from one coast to another via rail for onward transportation on water.
10.FREE CARRIER – NAMED POINT OR INTERIOR POINT INTERMODAL (IPI) means the seller fulfills his responsibility when he delivers the cargo into the custody of the water carrier at the named point. If no precise point can be mentioned at the time of contract of sale, the parties should refer to the place or range where the water carrier should take the cargo into his charge.
11.SHIPPER’S LOAD AND COUNT means the shipper assumes responsibility for the contents of the container (CY) loading.
12.INTERMODAL BILL OF LADING OR COMBINED TRANSPORT DOCUMENT means a negotiable document issued by a water carrier after receipt of container or cotton on board a rail car or other transport equipment.
SECTION B: TRADE RULES
1.SHIPMENT: Cotton may be shipped by water and/or intermodal transportation at the option of the party responsible for freight booking. All charges imposed by the carrier, whether included in the freight rate, shown as separate item(s) in the B/L, or billed separately, are for the account of the party responsible for the freight booking; however, if the seller elects to use a CFS facility, then the difference between CFS and CY charges at such location shall be for seller’s account.
2.PROVIDING CONTAINER AND/OR TRANSPORT: The party responsible for freight booking is obliged to provide containers in time for transport and loading within contracted shipping month at the port(s) or point of origin stated in the contract.
3.DATE OF SHIPMENT: In case of intermodal transportation, the date of the Intermodal Bill of Lading shall constitute the date of shipment.
4.INSURANCE: In case of FOB/FAS/C&F or “Free Carrier (named point)” sales, buyer’s insurance to cover all risks from the time the cotton is shipped or on board or is accepted into the custody and control of the water carrier, whether advised or not.
5.FULL CONTAINER LOAD (FCL):
(a)Unless otherwise stated, sale should be based on freight rates for full forty foot container loads. Any extra charges for overflow bales or minimum charges shall be paid by the party responsible for booking the freight.
(b)If quantity is expressed in containers it shall mean:
(1) Origin Gulf Area – about 78 bales per forty foot container
(2) Origin West Coast – about 83 bales per forty foot container.
Containers other than forty footers may be substituted for House to Pier or Pier to Pier shipments only.
6.LOADING AND UNLOADING: It shall be seller’s choice to load at House/CY or Pier/CFS and buyer’s choice to unload at House/CY or Pier/CFS. However, seller shall ship to Pier, unless specifically instructed by buyer to ship to House.
7.WEIGHING: Unless otherwise agreed, Pier to House and House to House shipment shall be understood to mean: net certified shipping weights final.
(a) Buyer may ask seller to by-load samples, subject to seller’s agreement. Any extra charges shall be for the buyer’s account.
(b) In case of Pier to House or House to House shipments, normal arbitration rules shall apply, except that sampling may take place on buyer’s premises under supervision. Sampling expenses are for buyer’s account.
9.MISSING BALES: In case of shipper’s load and count, seller is liable for the contents of the container. Unless otherwise agreed between buyer and seller, any claim must be supported by certificates issued by seller’s controller stating the container serial and seal number and certifying that the seal was intact. However, in shipments involving Pier to House or House to House movements and when seals are broken by customs or other authorities at port of entry container must be resealed and both the original seal and new seal numbers provided to shipper’s controller.
(a)Letter of Credit Payment: Letter of Credit must allow Intermodal Bill of Lading.
(b)Cash Against Documents on First Presentation: Buyer must pay against Intermodal Bill of Lading.
(c)Cash on Arrival: Buyer shall pay against the Bill of Lading upon arrival of the vessel at destination named in the Bill of Lading. However, if the containers are on-carried by feeder vessels or other means, payment shall be made upon arrival of the feeder vessel or on-carrying conveyance at the final destination named in the contract.
In case of seller’s freight booking, if any containers are not on board the vessel named in the Bill of Lading, buyer shall have the right to claim against the seller for refund of interest until actual arrival of the container(s). This is not applicable if shipment by container vessel is required by buyer subsequent to entering the contract.
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