Common use of Carrier Operations Clause in Contracts

Carrier Operations. (a) The Parties are authorized to exchange information on any matter within the scope of this Agreement, and to discuss and agree upon any and all operational and administrative functions related hereto, including but not limited to forecasting, stowage, claims, indemnities, conditions of carriage; provided however that the authority granted hereunder shall not include the authority to discuss or agree upon any of the following: (i) rates or charges in tariffs or service agreements; (ii) any pooling or apportionment of cargo, (iii) any pooling or division of revenues, expenses or earnings; (iv) rationalization of capacity; (v) any service contract matter; or (vi) a joint service. (b) Without limiting Section 2(a) of this Article 5, the Parties are authorized to discuss space requirements and the availability of space on their respective vessels for cargo and equipment in the trade; the timing of the provision of space; procedures for booking space, for documentation, for special cargo handling, and for other operational and administrative matters relating to chartering and transportation provided under this Agreement; on the terms and conditions for the use and interchange of equipment in connection therewith; and on arrangements for the use of terminals and related services and facilities, and to enter into working arrangements with third parties for shoreside services relating to transportation provided under this Agreement. (c) Notwithstanding any provisions of Article 5 to the contrary, each Party shall maintain its own customer and freight accounts, do its own marketing and sales, and issue its own bills of ladings. Bills of lading shall show the responsible Party as “carrier” and be signed in accordance with customary practice. Each Party shall be a “vessel operating common carrier” for purposes of complying with applicable US law and regulation. Each Party shall independently hire its own agent(s) at each of the ports and its port agent will independently file all necessary customs documentation, including customs entries and manifests for the cargo covered by each Party’s bills of lading. (d) Except as provided in Article 9, each Party shall bear its own costs for its office space, personnel, marketing, communications, travel, insurance, accounting, taxes, legal and claims (without prejudice in the case of claims for loss or damage to cargo to such rights of indemnification by a non-carrying party against the carrying party as may be provided by the applicable tariff, xxxx of lading, or as otherwise agreed in writing by the Parties).

Appears in 6 contracts

Samples: Shipping Agreement, Shipping Agreement, Shipping Agreement

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Carrier Operations. (a) The Parties shall initially serve the Trade with the following port rotation: Houston, New Orleans, Jacksonville (Florida), Baltimore (quarterly calls only), Montreal*, Walvis Bay*, Cape Town*, Durban, Xxxxxxxx Bay, Maputo, Cape Town, Saldanha Bay*, Walvis Bay*, Mexican Port*, Houston; with ports marked * intended to subject to inducement and accepted for service at the discretion of the Parties. Changes to the port rotation or schedule shall be as determined pursuant to this Agreement. (b) The Parties are authorized to discuss and agree on space requirements and the availability of space on the Vessels; the timing of the provision of space; procedures for booking space, for documentation, for special cargo handling, and for other operational and administrative matters relating to chartering and transportation provided under this Agreement; on the terms and conditions for the use and interchange of equipment in connection therewith; and on arrangements for the use of terminals and related services and facilities, and to enter into working arrangements with third parties for shoreside services relating to transportation provided under this Agreement. (c) The Parties are authorized to exchange information on any matter within the scope of this Agreement, and to discuss and agree upon any and all operational and administrative functions related hereto, including but not limited to forecasting, stowage, claims, indemnities, conditions of carriage; provided however that the authority granted hereunder shall not include the authority to discuss or agree upon any of the following: (i) rates or charges in tariffs or service agreements; (ii) any pooling or apportionment of cargo, (iii) any pooling or division of revenues, expenses or earnings; (iv) rationalization of capacity; (v) any service contract matter; or (vi) a joint service. (b) Without limiting Section 2(a) of this Article 5, the Parties are authorized to discuss space requirements and the availability of space on their respective vessels for cargo and equipment in the trade; the timing of the provision of space; procedures for booking space, for documentation, for special cargo handling, and for other operational and administrative matters relating to chartering and transportation provided under this Agreement; on the terms and conditions for the use and interchange of equipment in connection therewith; and on arrangements for the use of terminals and related services and facilities, and to enter into working arrangements with third parties for shoreside services relating to transportation provided under this Agreement. (cd) Notwithstanding any provisions of Article 5 to the contrary, each Party shall maintain its own customer and freight accounts, do its own marketing and sales, and issue its own bills of ladings. Bills of lading shall show the responsible Party as “carrier” and be signed in accordance with customary practice. Each Party shall be a “vessel operating common carrier” for purposes of complying with applicable US law and regulation. Each Party shall independently hire its own agent(s) at each of the ports and its port agent will independently file all necessary customs documentation, including customs entries and manifests for the cargo covered by each Party’s bills of lading. (de) Except as provided in Article 9, each Party shall bear its own costs for its office space, personnel, marketing, communications, travel, insurance, accounting, taxes, legal and claims (without prejudice in the case of claims for loss or damage to cargo to such rights of indemnification by a non-carrying party against the carrying party as may be provided by the applicable tariff, xxxx of lading, or as otherwise agreed in writing by the Parties).office

Appears in 4 contracts

Samples: Shipping Agreement, Shipping Agreement, Shipping Agreement

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