MEDITERRANEAN SHIPPING COMPANY (USA) INC., herein after referred to as ‘MSC USA’, with its head office located at 420, 5th Avenue (at 37th Street) – 8th Floor, New York, N.Y. 10018-2702, and with offices in Atlanta, GA; Baltimore, MD; Boston, MA; Charleston, S.C; Charlotte, NC; Chicago, IL; Cleveland, OH; Costa Mesa, CA; Detroit, MI; Houston, TX; Miami, FL; New Orleans, LA; Norfolk, VA; Warren, NJ is General Agent in U.S.A. for MSC MEDITERRANEAN SHIPPING COMPANY S.A. with its registered office at 12–14 Chemin Rieu, 1208 Geneva, Switzerland, herein after referred to as “MSC”.
MSC USA is authorized to accept service of legal proceedings issued against MSC Mediterranean Shipping Company S.A. Geneva. MSC USA’s authority in respect of such legal proceedings is limited to the acceptance of service only.
For Savannah, GA; Jacksonville, FL; New Jersey, Philadelphia, PA; Puerto Rico, San Francisco and Hamilton, Bermuda attorneys have been appointed to accept service of legal proceedings against MSC Mediterranean Shipping Company S.A. Geneva.
Please contact MSC USA New York office for attorneys’ contact details.
Any and all cargo booked by MSC USA is for and on behalf of MSC Mediterranean Shipping Company S.A., Geneva.
In compliance with the Shipping Act of 1984, 46 U.S.C. App.§ 1701 et seq., MSC Mediterranean Shipping Company S.A. Geneva has, in its quality of Common Carrier, filed by the Administration of Federal Maritime Commission a copy of its Tariff containing the MSC Bill of Lading Terms, Conditions and Exceptions.
For any and all cargo booked, the Carrier is MSC Mediterranean Shipping Company S.A. (MSC) with its registered office at 12–14 Chemin Rieu, 1208 Geneva, Switzerland and the MSC Bill of Lading Terms, Conditions and Exceptions can be accessed through https://www.msc.com/usa/contract-of-carriage/bl-standard-terms-conditions
THE TERMS AND CONDITIONS OF THE CARRIER’S BILL OF LADING OR SEA WAYBILL (available at https://www.msc.com/usa/contract-of-carriage/seawaybill-terms-conditions) APPLY AS FROM THE ISSUANCE OF ANY BOOKING CONFIRMATION AS IF INCORPORATED BY REFERENCE AND THE FOLLOWING CONTRACT OF CARRIAGE CLAUSES FROM MSC BILL OF LADING ARE BROUGHT SPECIFICALLY TO THE CUSTOMER’S ATTENTION:
6. U.S. TRADE CLAUSE
6.1 - Notwithstanding the provisions of MSC B/L clause 5, for carriage to or from any port of the United States, its territories or possessions, or if suit is brought in the United States, this Bill of Lading shall have effect subject to the provisions of the COGSA and to the provisions of the Pomerene Act regardless of whether said Act would apply of its own force. The provisions of the COGSA are incorporated herein and save as otherwise provided herein shall apply throughout the entire time the Goods are in the Carrier's custody, including before loading and after discharge as long as the Goods remain in the custody of the Carrier or its Subcontractors, including cargo carried on deck. Nothing contained herein is to be deemed a surrender by the Carrier of its rights, immunities, exemptions or limitations or an increase of any of its responsibilities or liabilities under the COGSA. Except for clause 5, every other term, condition, limitation, defense and liberty whatsoever contained in this Bill of Lading shall apply to carriage in the US Trades.
6.2 - For limitation purposes under the COGSA, it is agreed that the meaning of the word "package" shall be any palletized and/or unitized assemblage of cartons which has been palletized and/or unitized for the convenience of the Merchant, regardless of whether said pallet or unit is disclosed on the front hereof.
10.3 - Jurisdiction - It is hereby specifically agreed that any suit by the Merchant, and save as additionally provided below any suit by the Carrier, shall be filed exclusively in the High Court of London and English Law shall exclusively apply, unless the carriage contracted for hereunder was to or from the United States of America, in which case suit shall be filed exclusively in the United States District Court, for the Southern District of New York and U.S. law shall exclusively apply. The Merchant agrees that it shall not institute suit in any other court and agrees to be responsible for the reasonable legal expenses and costs of the Carrier in removing a suit filed in another forum. The Merchant waives any objection to the personal jurisdiction over the Merchant of the above agreed fora.
ANY BOOKING NOTE OR BOOKING CONFIRMATION ISSUED BY OR RECEIVED FROM MSC USA WILL BE SUBJECT TO THE TERMS AND CONDITIONS HEREUNDER
EXPORT PROCEDURE MSC USA
1) Parties and contract terms - This Booking Confirmation forms a contract between the Carrier and the Merchant as defined in the Contract of Carriage. “Merchant” includes the Shipper, Consignee, holder of this Bill of Lading, the receiver of the Goods and any Person owning, entitled to or claiming the possession of the Goods or of this Bill of Lading or anyone acting on behalf of this Person. Person: includes an individual, corporation, company or any other legal entity.
2) Description of goods (clauses 14 and 15 of the Contract of Carriage) - Should the description of the Goods provided at the time of booking or as amended be inaccurate, the Merchant is liable for all resulting increased charges, costs, expenses, losses and damages whatsoever.
3) Goods, packing and container weights - (a) Dangerous or hazardous Goods have been accepted by the Carrier in reliance of the Merchant s notice of their full and true nature. The Merchant s dangerous or hazardous goods declarations must be in the format required by all applicable regulations. (b) Goods include any packaging and any packing materials used to secure the cargo in the Container. It is the Merchant’s responsibility to ensure that packaging and packing materials, especially timber, comply with all applicable requirements and their import is permitted in the country of destination. The weight of packaging and packing must be included in the total weight declared for each Container. (c) Incorrectly declared weights of Goods directly affect the safety of the Vessel and all persons involved in the transportation of the Goods and the Merchant must take care to properly evaluate the weight of the Goods. (d) Overloaded Containers are not permitted to be carried by law and the Merchant must not exceed the maximum weight limit indicated on each Container. If the Merchant fails to comply with these provisions the Carrier reserves the right to deal with such Goods as it sees fit including but not limited to not loading the Goods, stopping Goods in transit, discharging at the next port and/or repacking them and levying extra charges, and the Merchant is strictly liable to indemnify the Carrier for all costs, losses, delays, damages, fines, increased charges and any other consequences whatsoever arising.
4) Freight and charges - Freight and charges are based on the instructions provided at the date of this Booking Confirmation and may change if the shipper’s instructions change. Unless otherwise agreed in advance, the applicable tariff for freight and charges for the Goods is the tariff in effect as at the date the Carrier takes possession of the Goods. The Carrier reserves the right to amend the freight and charges if the Carrier s tariff changes after the date hereof up until the Carrier takes possession of the Goods.
5) Use of booking agents - Where the Merchant uses a booking agent, the Merchant warrants that the booking agent has the authority to enter into this contract, receive original bills of lading and provide confirming instructions to the Carrier, until the Merchant advises the Carrier otherwise in writing.
6) Damage to cargo due to atmospheric conditions - Save where Goods are carried in an operating refrigerated Container, the Carrier has no liability whatsoever for loss or damage to the Goods caused by variations in atmospheric conditions (e.g., temperature, humidity).
7) Container seal(s) - Notwithstanding the provision of Container seal(s) by the Carrier, it is the Merchant’ s responsibility to ensure the type of Seal affixed to the Container(s) is in compliance with all applicable regulations. Shippers to affix, upon stuffing of cargo inside the containers, seals on the container doors, in compliance with International Organization for Standardization / Publicly Available Specification 17712 (ISO / PAS 17712) failing which, all cost and consequences arising out of Shippers failure to affix such seals shall be for Shippers account.
8) Fumigation / phytosanitary - It is the Merchant’s responsibility to provide fumigation and/or phytosanitary certificates in good time for presentation to authorities as required and the Merchant is responsible for all consequences of failing to do so.
9) Extra charges - The Merchant is advised that extra charges may be levied by local authorities in addition to the freight and charges listed on Page 1 or described in the Carrier’s tariff and payable before the Goods can be delivered. The Carrier may be required to collect the extra charges on behalf of the local authorities.
10) Sanctions and import/export control legislation - It is the Merchant’s responsibility to ensure that this Booking Confirmation complies with all applicable trade sanctions and import/export control laws ( Sanctions ). The Merchant is strictly liable to indemnify the Carrier for all costs, losses, damages and consequences whatsoever arising out of any failure by the Merchant to comply with Sanctions. Carrier reserves the right to ensure compliance with Sanctions applicable to the Carrier.
11) Sending/postage of Bills of Lading and Sea Waybills – Issued Bills of Lading or Sea Waybills are available for collection by the Merchant at the MSC Agency office. Should the Merchant request them to be sent, this shall be at the sole Merchant’s risk and expense and neither the Carrier not MSC USA shall accept any liability whatsoever for the delay or loss of such parcel.
12) Mode of transport, vessel, and voyage number - The information provided in these fields is anticipated at the time of the booking. Carrier reserves the right to change any of them.
13) Late customs declaration fines - It is the Merchant's responsibility to file customs declarations and if the Carrier is fined in consequence of the Merchant's late, incomplete or erroneous filing the Merchant shall indemnify the Carrier for the fine and for all costs, losses and expenses whatsoever incidental thereto.
14) Contract of carriage - The information provided on this Booking Confirmation will be used to issue the Contract of Carriage
15) Extra costs and liabilities for misdeclaration of cargo and/or weight – Shippers are responsible for declaring the accurate nature and weight of the goods. MSC and its agents do not accept any liability for, and Shippers agree to indemnify MSC and its agents in respect of, any loss or damage arising from, or in connection with, any inaccuracy in the nature or weight as declared by Shippers. Shippers must ensure that the weight of the goods packed inside the container does not exceed the maximum payload marked on the containers CSC Plate. MSC and its agents rely upon the weight information provided by Shippers and will not be liable for any loss or damage arising from reliance on this information, including any delays in delivery of the goods. Shippers agree to indemnify MSC and its agents against all liabilities arising from such reliance, and / or from a failure to provide the accurate weight of the goods. Any extra costs and financial consequences, whether direct or not and including but not limited to Cargo / Container re-stow on board the Vessel, caused by a mistake or omission of the Shippers in properly describing the cargo when it was booked or to details erroneously inserted by the Shippers in the Dock Receipt shall be for the sole account of the Shippers.
As per the SOLAS Convention (Safety of Life at Sea) it is mandatory for shippers to verify weights of packed containers, regardless of who packed the container. The verification of actual container weight must be obtained on-shore, and provided to the vessel operator and the port terminal facility prior (to VGM cut off)to the vessel loading process. Neither MSC nor MSC USA shall be responsible for any costs linked with the declaration of incorrect container weights.
16) Mandatory filing / AES - As of July 2, 2008, the US Census Bureau and US Customs Border Protection (USCBP) require mandatory filing of export information through the Automated Export System (AES) for all shipments at least 24 hours prior to the vessel arrival at the port of loading. In order to safely prepare the vessel stow plan, MSC has decided to institute a deadline for the AES ITN or MASTERS. The documentation deadline is 12PM, local POL time, two (2) days before the vessel scheduled arrival. MSC will not load cargo without proof of filing citation, exemption or exclusion.
17) Rail ramp delivery - Containers to be delivered at Rail Ramp will not be received sooner than 3 days from the Rail Ramp Cut-off Time advised by the Line with the exclusion of Chicago. If containers are in gated into a Rail Ramp before such time any and all cost that will arise from such action will be passes to Shipper. Chicago Rail Ramp has a fixed four (4) days receiving policy as follows: N Atlantic and ECSA receive from Monday to Thursday.
18) Payment in foreign currency - Any Prepaid Foreign Currency will be charged at the sail dates’ exchange rate.
19) Empty pick-up / Check of empty equipment / Removal of IMCO label – In case of Merchant’s Haulage, the Booking Party and Shipper are responsible for inspecting the empty container for its suitability to carry the specific shipment booked at the time of empty pick up from the depot/terminal either directly or via their truckers. Any later refusal of container will cause additional costs for account of the Merchant and neither MSC nor MSC USA shall be held liable for the costs of changing/replacing a container accepted during empty positioning unless the vice affecting the container was not detectable during a summary check; in which case the costs of the container changing shall be equally shared. Notwithstanding the above, a light-test is compulsory prior to each empty container’s acceptance and no liability shall be borne by the Carrier or MSC USA for costs of exchanging a container found with any holes or cracks at a later stage.
The Booking Party, the Shipper and their trucker are jointly responsible to check that the empty container picked up at the depot is used for the booking confirmed by MSC USA for this specific container. Neither MSC nor MSC USA shall be responsible for any costs linked to the repatriation or additional on-carriage costs of wrongly swapped cargoes carried within correct containers due to a mistake during the empty pick-up.
Booking Party and Shipper are responsible for ensuring that all prior IMO (hazardous goods) placards and labels have been removed from the container before pick-up or latest during stuffing of its non-hazardous cargo. Costs resulting from neglect will be for the account of the Merchant.
20) Receiving dates / times - For receiving dates for a particular vessel Shippers need to check with Loading Terminal prior dispatching Trucker.
21) Trucker delivery - Before attempting full load delivery Trucker must verify that vessel is open for Receiving.
22) Cut-off - Hazardous Cargo Cut-off is 24 hours prior Regular Cut-off and Automobile Cut-off is 24 hours prior Regular Cut-off both at Port and Rail.
23) Gate IN after closing time - If Cargo is in gated after Deadline it will be accepted but may be subsequently rolled to following ship if Coast Guard or Customs procedures are not satisfied. Rollover and Re-Handle charge will be applied and payable by the Merchants.
24) Compliance - MSC will not be responsible for Non-Compliance with the Local Custom’s Regulation on Forbidden Goods. The Shippers are bound to ensure prior booking that the cargo remitted to the Carrier is compliant with all applicable legislations and international sanctions at booking time and is maintained lawful under such regulations throughout the complete sea-voyage. Any costs or liability imposed on MSC due to a violation of this obligation or any charge arising from shipping of the Non-Import Allowed goods will be on Shippers’ account
25) Documentation fee at destination - All Cargo Booked by MSC USA is subject to documentation fees due at Destination, in addition to other local charges, payable prior to Delivery. For further Information Shippers to please contact your local MSC agent.
26) Booking and manifest corrections - Shippers must contact MSC within 48 hours if any correction to the Cargo Booked.
27) Container tracking - Shippers can Track & Trace their containers through MSC Website at: https://www.msc.com/usa/help-centre/tools/track-a-shipment
28) HAZARDOUS CARGO
HAZARDOUS MISDECLARATION FEE – A DGD (Dangerous Goods Declaration) must be submitted and approved prior to booking being confirmed by the line. Any inconsistencies between the Master Bill of Lading / Shipping instructions and submitted DGD will result in a misdeclaration hazardous fee of $300. Such liquidated damages for the extra work generated for MSC USA shall not prevent nor deprive MSC USA or MSC from their rights to recover from the Merchant any fines, costs or liabilities associated with the misdeclaration.
HAZARDOUS NON-DECLARATION FEE AND CONSEQUENCES – In case a container is booked as non- hazardous and upon departure is found to be hazardous, a non-declaration fee of $500 will be billed to the Shipper. Such liquidated damages for the extra work generated for MSC USA shall not prevent nor deprive MSC USA or MSC from their rights to recover from the Merchant any fines, costs or liabilities associated with the non-declaration of hazardous cargo.
IMPORTANT: Even if a hazardous cargo booking is accepted by MSC in the first instance, MSC reserves the right to reject the shipment, since final approval is with the Vessel’s Master.
29) Waste & scrap cargoes - The Merchant is responsible to ensure that for each Booking of Waste and / or Scrap Cargo Importers and Exporters of Hazardous Wastes and / or Scrap Cargo complies with applicable domestic laws and regulations, which include regulations under the Resource Conservation and Recovery Act (RCRA), contained in the Code of Federal Regulations (CFR), at 40 CFR Part 262, Subpart E and Subpart H and, where applicable, also complies with EU-Regulations 1013/2006 of 14th June 2006 on shipment of Waste: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006R1013
30) Personal effects to Australia - For Shipments to Australia Personal Effect Shipments should be consigned to a company or freight forwarder as consignee. The words “PERSONAL EFFECTS” must be recorded in the short description or form part of the shipper’s description.
31) Return of export containers - A Dock Receipt is Mandatory for the return of Export Containers and there are no Exceptions.
32) Refrigeration, heating, insulation - Special Containers with refrigeration, heating or insulation shall not be furnished unless contracted for on the front of this Bill of Lading and extra Freight paid. If a carrying temperature is noted on the front of this Bill of Lading, the Merchant shall deliver the Goods to the Carrier at plus or minus 2 degrees Celsius from the noted temperature, and the Carrier shall exercise due diligence to maintain such supply air temperature, plus or minus 2 degrees Celsius while the Goods are in its possession. IT IS THE MERCHANT'S OBLIGATION TO SET AND/OR CHECK THAT THE TEMPERATURE CONTROLS ON THE CONTAINER ARE AT THE REQUIRED CARRYING TEMPERATURE AND TO PROPERLY SET THE VENTS. The Carrier does not undertake to deliver empty refrigerated Containers to the Merchant at any specific temperature. The Carrier has the right but not the obligation to refuse to accept any Container loaded by the Merchant for shipment where the Goods are not or were not loaded into the Container within plus or minus 2 degrees Celsius of the contracted carrying temperature. Please see further MSC B/L Terms, Conditions and Exceptions.\
33) Freight and charges - Freight has been calculated on the basis of the Shipper's particulars and if such particulars are found to be erroneous and additional Freight is payable, the Merchant shall be liable therefor and also for any expense thereby incurred. All Freight is earned and due upon receipt of the Goods by the Carrier, whether the Freight is prepaid or collect and the Carrier shall be entitled to all Freight due under all circumstances, ship and/or cargo lost or not lost or the voyage abandoned. All Freight shall be paid when due without any set-off, counter claim, or deduction. Every Person defined as "Merchant" in clause 1 shall be jointly and severally liable to the Carrier for the payment of all Freight and charges and for the performance of the obligations of each of them hereunder. Any Person engaged by the Merchant to perform forwarding services with respect to the Goods shall be considered to be exclusively the Merchant's agent for all purposes, and any payment of Freight to such Person shall not be considered payment to the Carrier in any event whatsoever. Failure of such third parties to pay any part of the Freight to the Carrier shall be considered a default by the Merchant in the payment of Freight.
34) Choice of equipment - The use of dry-van containers in lieu of reefer or temperature-controlled containers is left to the sole Merchant’s appreciation and decision and the Carrier shall have no liability or responsibility whatsoever for thermal or condensation loss or damage to the goods sustained by reason of natural variations in atmospheric temperatures whether the cargo was carried on or under deck.
35) Acknowledgement and acceptance of the MSC Terms and Conditions in case of Sea Waybills - In consideration of Carrier issuing, at the booking party or the shipper’s request, Sea Waybill instead of Bill of Lading for the contract of carriage of the cargo, the booking party and the shipper hereby indemnify the Carrier for all and any claims, losses, costs, expenses and liabilities of any nature whatsoever that arise in consequence of the use of a Sea Waybill instead of a Bill of Lading. The booking party and the shipper further undertake to ensure that the Consignee designated on the Sea Waybill receives a legible copy of, by fax or e-mail, and agrees to abide by, the terms, conditions, exceptions and limitations contained in the Carrier Sea Waybill as freely accessible under www.msc.com and to inform the Consignee that a formal letter of acceptance of the MSC Sea Waybill Terms and Conditions will be requested from him at destination prior to delivery, being made expressly clear that oversight from MSC or its agent to obtain such a letter of acceptance prior release of the cargo shall not be deemed in any way as a waiver by MSC of its rights to rely upon, nor as a non-acceptation by the Consignee, of these Terms and Conditions
IMPORT PROCEDURE MSC USA
36) Compliance with CBP Requirements - Pursuant to the authority of section 343(a) of the Trade Act of 2002 [The Maritime Transportation Security Act of 2002 (MTSA) (Pub. L. 107-295 (http://legislink.org/us/pl-107-295)) an Act of Congress enacted by the 107th United States Congress to address port and waterway security, on January 26, 2009, the new rule titled ‘Importer Security Filing and additional Carrier Requirements’ (commonly known as “10+2”) went into effect.
This new rule applies to import cargo arriving to the United States by vessel.
Under the new rule, before merchandise arriving by vessel can be imported into the United States the ‘Importer Security Filing (ISF) Importer” or their agent (e.g. licensed customs broker), must electronically submit advance cargo information to CBP in the form of an Importer Security filing. The ISF Importer is the party causing the goods to arrive within the limits of a port in the United States by vessel. Typically, the ISF Importer is the goods’ owner, purchaser, consignee, or agent such as a licensed customs broker. ISF Importers, or their agent, must provide eight data elements, no later than 24 hours before the cargo is laden aboard a vessel destined to the United States. Those data elements include: Seller, Buyer, Importer of record number / FTZ applicant identification number Consignee number(s), Manufacturer (or supplier), Ship to party, Country of origin, Commodity Harmonized Tariff Schedule of the United States (HTSUS) number.
All costs, Consequences, Penalties imposed by CBP for Importers failing to comply with above shall be for Merchants’ / Shippers’ / Consignees’ account.
The U.S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE M1) is both an imported merchandise inventory control system and a cargo release notification system. Ace M1 is interactive with other systems such as Automated Broker Interface (ABI) and the cargo Selectivity System. ACE M1 allows CBP to place and remove holds against Bills of lading, Specific containers, or entire manifests. Holds prevent the Carrier from releasing merchandise to the importer until the Carrier has received hold removal notifications through ACE M1. Demurrage / Detention on Cargo / Containers due to CBP Hold shall be for Merchant’s account.
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has set standards for wood packaging material (WPM) imported into the U.S. through 7 CFR 319.40 – Importation of Wood Packaging Material. This rule states that all regulated wood packaging material shall be appropriately treated and marked under an official program developed and overseen by the National Plant Protection Organization (NPPO) in the country of export. WPM that arrives in the U.S. and is not compliant with these provisions must be immediately exported. There are no post-arrival treatment options. All expenses incurred by CBP in connection with Non-Compliant Wood Packing Material (NCWPM) removal will be billed to the Merchant. NCWPM and associated merchandise that is re-exported will be at the Merchant’s expense.
37) Merchant’s Responsibility - As per MSC Bill of Lading clause14.6 the Merchant shall comply with all regulations or requirements of the customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including, without prejudice to the generality of the foregoing Freight for any additional carriage undertaken), incurred or suffered by reason thereof, or by reason of any illegal, incorrect or insufficient declaration, marking, numbering or addressing of the Goods, and shall indemnify the Carrier in respect thereof, including reasonable legal expenses and costs.
No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, temperature, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars. The Carrier is not responsible for the accuracy of cargo information manifested since manifested cargo information is provided to carrier by Freight Forwarder / Shippers / Merchant.
38) Import Free time – As per MSC Bill of Lading clause 14.8 the Carrier allows a period of free time for the use of the Containers and other equipment in accordance with the Tariff and as advised by the local MSC agent at the Ports of Loading and Discharge. Free time commences from the day the Container and other equipment is collected by the Merchant or is discharged from the Vessel or is delivered to the Place of Delivery as the case may be. The Merchant is required and has the responsibility to return to a place nominated by the Carrier the Container and other equipment before or at the end of the free time allowed at the Port of Discharge or the Place of Delivery. Demurrage, Per Diem and Detention charges will be levied and payable by the Merchant thereafter in accordance with the Tariff. In case of on-carriage, the Merchant’s delivery instruction, together with all necessary documents for the performance of such transport, must reach MSC USA at least four working days prior estimated time of arrival (ETA) at discharge port in order to arrange the positioning. Merchant shall be held fully liable for delay and additional costs generated due to a disrespect of this obligation.”
39) Customs clearance - All cargo must be ‘Customs Cleared’ by Merchant in order to be picked up. If cargo is not ‘Customs Cleared’ by ‘Last Free Day’, Merchant shall be liable for ‘Demurrage / Detention’ incurred on the Cargo / Container.
40) Merchant Haulage - On ‘Merchant Haulage’ Cargo / Containers, Merchant is required to hire Trucker(s) enrolled with and operating under the Terms, Conditions and Exceptions of the ‘Uniform Intermodal Interchange and Facilities Access Agreement (UIIA)’ and any Addendum thereto, administered by The Intermodal Association of North America. Please see copy of the Protocol attached. Trucker(s) hired by Merchant are required to have ‘Transportation Worker Identification Credential (TWIC)’ cards. [U.S. Congress directed the Federal Government, through the Maritime Transportation Security Act (MTSA), to issue a biometric security credential to individuals who require unescorted access to secure areas of facilities and vessels.]
41) Notification and Delivery - Any mention in MSC Bill of Lading of parties to be notified of the arrival of the Goods is solely for information of the Carrier. Failure to give such notification shall not subject the Carrier to any liability nor relieve the Merchant of any obligation hereunder.
42) Extra on-carriage services - As per MSC Bill of lading clause 5.2.3. Any transport that the Carrier arranges for the Merchant which is not part of the carriage under this Bill of Lading is done under the Merchant's own responsibility, time, risk and expense and the Carrier acts as agent only for the Merchant.
43) Truck weight - Code of Federal Regulations Title 23, Chapter 1, Subchapter G, Part §658.17 lays down Rules & Regulations about Truck Weights. Where MSC has contracted for Intermodal Inland Delivery, in order to comply with the local / Federal laws and in interest of Public Safety, MSC will not participate in the transportation of any container that exceeds applicable over the road weight regulations. Any container where MSC is responsible for Inland Transportation Merchant must comply with local / Federal regulations. If any container exceeds weight regulations, that container will be re-handled to within the legal limits with all related and resultant charges shall be for Merchant’s account. Please see Protocol attached.
44) Conditions for release of cargo - If a negotiable (To Order / of) Bill of Lading was issued to Merchant , one original Bill of Lading, duly endorsed must be surrendered by the Merchant to the Carrier (together with outstanding Freight) in exchange for the Goods or a Delivery Order. If a non-negotiable (straight) Bill of Lading was issued to Merchant, the Carrier shall deliver the Goods or issue a Delivery Order (after payment of outstanding Freight) against the surrender of one original Bill of Lading, duly endorsed, at the Port of Discharge or Place of Delivery whichever is applicable. Any Demurrage / Detention incurred due to Merchant’s failure to timely submit requisite documents shall be for Merchant’s account.
45) Pick-up procedure - The Procedure for Pick Up of ‘Import Loaded’ container(s) at U.S.A. Terminals are:
Valid Sea Link Card (number id)
Bill of Lading Number
License Plate Number
The Bill of lading number and container numbers are proprietary information and should not be shared with any Third Party by the Contracting Party.
46) Availability check at Terminal - Before attempting to pick up a container Merchant is required to check with the Terminal / Rail Ramp if the Container(s) is available and grounded. Certain Terminals have special Delivery requirement. Merchant is required to get familiarized with these requirements.
47) Delay in delivery due to damage to the container - As per MSC Bill of lading clause 11.2 (a) The Carrier shall not be liable for loss of or damage to the Goods caused by the manner in which the Goods have been packed, stowed, stuffed or secured in the Container. In case of load shift inside the container Merchant shall be responsible for all costs and consequences.
48) Return shipments - In case of returned cargo from overseas which had initially originated from U.S.A. this cargo must first be cleared with U.S. Customs before it is imported into U.S. or removed from the Terminal or Rail Ramp.
49) Inland rail transportation - In case of Delivery at an Inland Destination involving Rail Transportation, MSC USA will route container to Rail and send notification when container arrives destination Rail Ramp. ‘Free Time’ on ‘Rail Ramp’ is shorter than on Marine Terminals. Merchant is required to familiarize itself with Rail Road Ramp Free Time. Any delay in Merchant picking up its container once Free Time has expired shall be charged to Merchant as Rail Detention as per Rail Road Tariff.
50) Empty redelivery - As per MSC Bill of Lading clause 14.9 the Merchant shall redeliver, to a place nominated by the Carrier, the Containers and other equipment in like good order and condition, undamaged, empty, odor free, cleaned and with all fittings installed by the Merchant removed and without any rubbish, dunnage or other debris inside. The Merchant shall be liable to indemnify the Carrier for any and all costs incurred reinstating or replacing Containers and other equipment not returned in the condition as specified above, including the reasonable legal expenses and costs of recovering the costs incurred and interest thereon. Merchant shall be equally liable together with its appointed Tracker in case Equipment is lost, stolen, damaged or total loss while in the care and custody of Trucker and / or Merchant. Merchant shall be held equally liable with their assigned Intermodal Carrier for non-return or miss-delivery of MSC Equipment to a non-designated location.
51) Unclaimed, Abandoned Cargoes (UAC) - MSC USA shall abide by Customs and Border Patrol Regulations pertaining to General Order Merchandise, Unclaimed Merchandise, and Abandoned Merchandise, the Storage and Sale thereof, and the Distribution of Proceeds from Sale thereof. Regulations regarding the Abandonment of Merchandise by the Importer to the Government in accordance with section 506(1), Tariff Act of 1930, as amended (19 U.S.C. 1506(1). Any and all Fines, Penalties imposed by CBP on account of General Order Merchandise shall be for Merchants account. MSC USA reserves its rights to limit and recover any expenditure incurred by the Carrier due to UAC either by way of legal actions against the Merchant or by disposal or sale of the unclaimed cargo.
52) Acknowledgement and acceptance of the MSC Terms and Conditions in case of Sea Waybills - In case of Sea Waybills, no release of Cargo to the Consignee will be authorized until the Consignee named on Sea Waybill has irrevocably agreed to be party to the Contract of Carriage and accepted in writing the Terms and Conditions mentioned on page 1 and 2 of the MSC MEDITERRANEAN SHIPPING COMPANY SA Sea Waybill and under www.msc.com. The attention of the Consignee is expressly referred to the terms of the clause 35 here above.
The Merchant shall take delivery of the Goods within the time provided in the Carrier’s applicable tariff referred to in Clause 3 of the MSC Bill of Lading and Sea Waybill Terms and Conditions.
Shall the Merchant fail to take delivery of the Goods within ten (10) days of the delivery becoming due under a) above, such delay shall be considered as unreasonable in the meaning of the clause 20 of the MSC Bill of Lading and Sea Waybill Terms and Conditions and the Carrier shall not thereafter have any further responsibilities or liability in respect of these goods.
Notwithstanding the above, the Carrier shall be entitled, without notice, to unpack the Goods and/or to store the Goods ashore, afloat, in the open or under cover, at the sole and entire risk of the Merchant and such storage shall constitute due delivery and the costs of such storage (if paid or payable by the Carrier or any agent or sub-contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier.
If, whether by act or omission, the Merchant directly or indirectly prevents, delay or hinder the discharge or the delivery of the Goods, any costs, expenses or liability so resulting shall be for its full and sole account.
Although above Terms and Conditions are deemed to form part of all contracts between the Merchant and MSC via its local agent ‘MSC USA’, in case of any inconsistency between above Terms, Conditions and Exceptions, and the Terms, Conditions, and Exceptions of the MSC MEDITERRANEAN SHIPPING COMPANY S.A. Bill of lading and/or Sea Waybill, the latter shall prevail. Orders and instructions of the Merchant shall be considered as his acknowledgement and acceptance of MSC Bill of lading Terms, Conditions and Exceptions incorporated therein. General Conditions of the Merchant will not be applicable and shall in anyway, and in any case, be superseded by MSC Bill of Lading Terms, Conditions and Exception. Deviations from MSC Bill of Lading Terms, Conditions and Exceptions, and in particular any general conditions of the Merchant shall not apply unless they have been explicitly agreed to in writing by the Carrier MSC Mediterranean Shipping Company S. A. Geneva.