This Rules Tariff applies to NVOCC services performed by Helmsman Freight Solutions, LLC for goods transported to or from U.S. ports recognized by U.S. Customs and Border Protection, and between foreign ports recognized as ports of entry by their governments.
Rule 01 Scope
This tariff applies to Goods transported from or to the ports in the United States as recognized by U.S. Customs and Border Protection and between foreign ports as recognized by their governments as ports of entry.
Rule 02 Rate Arrangements
All rates and charges for NVOCC services in accordance with this tariff will be through Negotiated Rate Arrangements (NRAs) as defined by the Federal Maritime Commission (FMC). Provisions in those Arrangements and the ocean bill of lading will govern all shipments.
The NRA document may contain charges for services that are outside of the NVOCC services offered by the Carrier. Those services and charges are present in order to provide the recipient one source of information, and those services will not be subject to these rules.
Rule 03 Application of Freight Rates and Charges
Freight Rates and Charges do not include charges established or required by Customs, Port Authorities, Harbor Improvement Rates, or port terminal tariffs.
Freight Rates and Charges herein are quoted in U.S. Dollars.
LCL rate application is per CBM, as long as the weight does not exceed an average of 1000 kilos per CBM. If the weight exceeds 1000 kilos per CBM, the shipments will be charged based on the number of CBM by dividing the total kilos by 1000.
Fractions of 1/2 inch or less will be rounded down to the nearest whole number, and fractions of 1/2 inch or more will be rounded up to the nearest whole number.
When measuring articles cylinder shape (drums, cylinders, kegs, casks, etc.) or irregular shapes, the dimensions will be calculated to the extreme point for each height, width and depth measurement.
Rule 04 Marine Insurance
Freight Rates and Charges do not include marine insurance.
Rule 05 AMS Charge
Where AMS is required, the charge will be $35.00 per filing. Where AES filing is required, the charge will be $25.00 per filing.
Rule 06 Receipt of Goods
A shipment shall not be considered as received by the NVOCC or their agents until the full bill of lading quantity has been tendered for movement in a manner that movement may commence.
Rule 07 Minimum Bill of Lading Charge
If not stated in the NRA, the minimum bill of lading charge for a container will be $1,500, and $175 for an LCL shipment.
Rule 08 Payment of Charges
Unless otherwise arranged with HELMSMAN prior to tendering of Goods, all Freight Rates and Charges are to be prepaid prior to the Goods being released from the steamship lines or their agents.
Rule 09 Documentation Charge
If not stated in the NRA, a documentation charge of $150.00 will apply on all export shipments.
Rule 10 Additional Charges Not Listed Herein
NRAs and NSAs may contain additional charges that are unique to the movement(s) covered, and are not specifically listed in this Rules Tariff. This will include, but not limited to, charges for additional handling, terminal handling, demurrage, and storage, non-NVOCC services, such as but not limited to ISF filing or customs clearance.
Rule 11 Liability / Special Provisions
See provisions of Rule 22 of this Rules Tariff. Such provisions are applicable to all movements by HELMSMAN as an NVOCC.
Rule 12 Co-Loading
HELMSMAN engages in co-loading both as a shipper and a carrier. As a carrier, HELMSMAN accepts co-load from other NVOCCs providing they are complying with all FMC rules and regulations. Co-load cargo is subject to all applicable rules in this tariff.
As a shipper, HELMSMAN engages in co-loading with other NVOCCs to accommodate the movement of cargo in order to maintain regular scheduled service. HELMSMAN accepts liability for cargo co-loaded with other NVOCCs as indicated on the bill of lading, and is responsible to pay all rates and charges to the NVOCC to the destination as indicated on the bill of lading.
Rule 13 Quotations and Actual Shipment Adjustments
Quotations are based on the information provided to HELMSMAN. Freight Rates and Charges will be assessed based on the actual product, weight and cube as tendered for movement. HELMSMAN, HELMSMAN's agents, and the steamship line have the right to inspect and weigh Goods in order to verify the information on the Bill of Lading, and if needed to adjust the Bill of Lading to match the actual tender of goods.
Rule 14 Overcharge Claims
Freight Rates and Charges for shipments are subject to review as an overcharge claim when submitted in writing to HELMSMAN, and include:
Copy of the disputed invoice;
Statement of the correct charge;
Copy of the NRA or citation of the NSA provision that is to apply;
Copy of the bill of lading;
Documentation supporting a change in the product, weight, cube, or application of a Freight Rate or Charge, or other disputed information (e.g. invoice or packing list certified by the shipper, public scale certificate).
The claim is to be sent to HELMSMAN at 2701 S. LeJeune Rd, Coral Gables, FL 33134, attention "International Overcharge Claims."
Disputes in measurements are to be supported by: (a) obvious error in calculation by HELMSMAN or carrier; (b) measurement at port of loading or discharge; (c) by joint measurement at port of discharge by carrier's agent and consignee of shipment; and (d) by measurement of a marine surveyor when requested by carrier's agent.
Rule 15 Surety Bond
HELMSMAN has a $75,000.00 Surety Bond, number 0800172, secured through:
Harco National Insurance Company
702 Oberlin Road, Raleigh, NC 27605
Rule 16 Chassis Usage Charge
The charge for the use of a chassis shall be $100.00 per 24-hour period or fraction thereof.
Rule 17 Peak Season Surcharge (PSS)
The following PSS will apply unless the NRA or NSA state the charge is included on or specifies the PSS amount:
| Container Type | Amount |
|---|---|
| 20' | $433.00 |
| 40' Standard | $541.00 |
| 40' High Cube | $609.00 |
| 45' | $625.00 |
| Reefer & All Other Containers | $725.00 |
Rule 18 Bunker Adjustment Factor (BAF)
The following BAF surcharge will apply unless the NRA or NSA state the charge is included on or specifies the BAF amount:
| Container Type | Amount |
|---|---|
| 20' | $475.00 |
| 40' Standard | $950.00 |
| 40' High Cube | $950.00 |
| 45' | $1,100.00 |
| Reefer & All Other Containers | $1,520.00 |
Rule 19 Definitions
Rule 20 Abbreviations
Rule 21 U.S. State Codes
Rule 22 Bill of Lading Terms and Conditions
§ 1 Definitions
Helmsman Freight Solutions is a Trade Name for Helmsman Freight Solutions, LLC, 2701 S LeJeune Rd, Coral Gables, FL 33134.
"Bill of Lading" includes conventional bills of lading, as well as electronic, express and laser bills of lading, sea waybills and all like documents, howsoever generated, covering the Carriage of Goods to, from or through the United States, whether or not issued to the Merchant.
"Carriage" means the whole of the operations and services undertaken or performed by or on behalf of the Carrier with respect to the Goods.
"Carrier" means the Company named on the face side hereof and on whose behalf this Bill of Lading was issued, whether acting as carrier or bailee.
"Charges" means freight, deadfreight, demurrage and all expenses and money obligations incurred and payable by the Merchant.
"Container" means any container (closed or open top), van, trailer, flatbed, transportable tank, railroad car, vehicle, flat, flatrack, pallet, skid, platform, cradle, sling-load or any other article of transport and any equipment associated or appurtenant thereto.
"Goods" means the cargo received from the shipper and described on the face side hereof and any Container not supplied by or on behalf of the Carrier.
"Merchant" means the shipper, consignee, receiver, holder of this Bill of Lading, owner of the cargo or person entitled to possession of the cargo and their servants and agents, including freight forwarders and their principals, all jointly and severally liable to the Carrier.
"On Board" or similar words endorsed on this Bill of Lading mean that in a Port to Port movement, the Goods have been loaded on board the Vessel or are in the custody of the actual ocean carrier.
"Participating carrier" means any other carrier by water, land or air, performing any stage of the Carriage, including inland carriers.
"Person" means an individual, a partnership, a body corporate or any other entity of whatsoever nature.
"Vessel" means the ocean vessel named on the face side hereof, and any substitute vessel, feedership, barge, or other means of conveyance by water used to fulfill this contract.
§ 2 Carrier's Tariffs
The Goods carried hereunder are subject to all the terms and conditions of the Carrier's applicable tariff or tariffs on file with the Federal Maritime Commission, Interstate Commerce Commission or any other regulatory body which governs a particular portion of the carriage. Copies of relevant provisions are obtainable from the Carrier or the respective regulatory body upon request. In the event of any conflict between the tariff and the Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.
§ 3 Warranty / Acknowledgment
The Merchant warrants that in agreeing to these Terms and Conditions, it is, or is the agent and has authority of, the owner or person entitled to possession of the Goods or any person with a present or future interest in the Goods. The Merchant acknowledges that the Carrier is a non-vessel operating common carrier ("NVOCC") and does not own or charter vessels; the Carrier will contract with an actual ocean carrier as agent of the Merchant.
§ 4 Responsibility
Except where compulsory ordinance applies, this Bill of Lading shall have effect subject to the Carriage of Goods by Sea Act of the United States ("COGSA"), approved April 16, 1936. Nothing herein, unless otherwise stated, shall be deemed a surrender of any of the Carrier's rights, immunities, exemptions or limitations under COGSA.
The Carrier shall not be liable in any capacity for any delay, non-delivery, mis-delivery or other loss or damage occurring at any time contemplated under subdivision A.
The Carrier shall be entitled to the benefit of Sections 4281 through 4286, inclusive, and 4289 of the Revised Statutes of the United States and amendments thereto.
The rights, defenses, exemptions, limitations and exonerations of whatsoever nature provided for in this Bill of Lading apply in any action or proceeding against the Carrier, its agents and servants, and any Participating carrier or independent contractor, whether in tort, contract or otherwise.
§ 5 Through Transportation
When either the Place of Receipt or Place of Delivery is an inland point other than the Port of Loading, the Carrier will procure transportation to or from the sea terminal and such inland point. Subject to Clause 4, the Carrier shall be liable for loss or damage to the extent provided by COGSA or other compulsorily applicable legislation. Except as provided, the Carrier shall have no liability for loss or damage to the Goods.
§ 6 Subcontracting; Beneficiaries
The Carrier is entitled to subcontract on any terms the whole or any part of the Carriage and any duties undertaken in relation to the Goods. All exemptions, limitations and exonerations from liability provided by law or by these Terms and Conditions shall be available to all agents, servants, employees, Participating carriers, stevedores, terminal operators, warehousemen, and independent contractors. The Carrier contracts as agent and trustee for all such persons.
The Merchant agrees that the Carrier is a beneficiary of the actual ocean carrier's bill of lading and of all exemptions and limitations contained therein. Under no circumstances shall the Carrier be responsible for damages to an extent greater than the actual ocean carrier.
§ 7 Merchant's Responsibilities / Description of Goods
The Merchant warrants the accuracy of all descriptions, particulars and representations including weight, content, measure, quantity, quality, condition, marks, numbers and value. The Merchant warrants compliance with all applicable laws and shall bear all duties, taxes, fines, imposts, and losses arising. Goods must be packed adequately to withstand ordinary risks of Carriage. No dangerous, inflammable or damaging goods shall be tendered without the Carrier's prior express written consent and proper marking.
The Merchant shall be liable for all loss or damage (including contamination, soiling, detention and demurrage) before, during and after the Carriage of Carrier property. The Carrier shall have a lien on the Goods for all expenses of mending, repairing, fumigating, repacking, recoopering, baling, reconditioning, and for any payment, expense, fine, dues, duty, tax, impost, loss, damage or detention incurred. The lien survives delivery and may be enforced by private or public sale without notice.
§ 8 Containers
Goods may be stowed in or on Containers and with other goods. Containers may be carried on or under deck without notice. If a Container has been stuffed by or on behalf of the Merchant, the Carrier shall not be liable for loss or damage caused by the manner of stuffing, unsuitability of Goods for containerized carriage, or condition of the Container (which the Merchant acknowledges has been inspected before stuffing and sealing).
§ 9 Containers with Heating or Reefer Apparatus
Temperature-controlled Containers will not be furnished unless contracted for expressly in writing at time of booking. The Merchant must provide the desired temperature range in writing at time of booking and insert it on the face of the Bill of Lading. Carrier exercises due diligence to maintain temperature within a reasonable range while in its care. The Carrier does not accept responsibility for the functioning of temperature-controlled Containers not owned or leased by Carrier, or for latent defects not discoverable by due diligence.
Where the Container is stuffed by or on behalf of the Merchant, the Merchant warrants that it has properly pre-cooled the Container, that the Goods have been properly stuffed and secured, and that the temperature controls have been properly set prior to delivery. The Merchant accepts responsibility for all loss or damage resulting from a breach of these warranties.
§ 10 Carrier's Equipment; Indemnity
Whenever the Merchant or anyone acting on its behalf takes possession of or exercises control over a Container or equipment owned, leased by, or provided to the Carrier, the Merchant agrees to defend, indemnify and hold harmless the Carrier from and against any loss or damage to said Container and equipment, as well as third-party property, and for any injury to or death of persons arising out of the use of said equipment.
§ 11 Option of Inspection
The Carrier and any Participating carrier shall be entitled, but under no obligation, to open any Container at any time and to inspect the contents. If the contents cannot safely or properly be carried further, the Carrier may abandon transportation and/or take any measures and incur reasonable additional expenses to continue the Carriage or store the Goods. The Merchant shall indemnify the Carrier against any reasonable additional Charges so incurred.
§ 12 Deck Cargo
Deck cargo (except that carried in Containers on deck) and live animals are received and carried solely at the Merchant's risk, including accident or mortality of animals. The Carrier shall not be liable for any loss or damage from which it is exempt under applicable law or from any cause not due to the fault of the Carrier. The burden of proving liability rests upon the Merchant.
§ 13 Methods and Routes of Transportation
The Carrier may at any time and without notice: use any means of transport (water, land, air) or storage; forward, transship or carry on another vessel; carry Goods on or under deck; proceed by any route at its sole discretion (whether the most direct or customary); stop at any place once or more; store ashore or afloat; proceed with or without pilots; carry hazardous or other goods; drydock or stop at any port; require the Merchant to take delivery; comply with any governmental orders; or take any other steps appearing reasonable.
Any action taken or omitted under these liberties shall be deemed within the contractual Carriage and not an unreasonable deviation. In no circumstance shall the Carrier be liable for direct, indirect or consequential loss caused by delay.
§ 14 Matters Affecting Performance
In any situation where the Carrier judges it likely to give rise to hindrance, risk, capture, seizure, detention, damage, delay or loss, or makes it unsafe or impracticable to receive, keep, load, carry or discharge the Goods, the Carrier may decline to receive or carry, or may discharge the Goods and require the Merchant to take delivery. Upon failure to do so, the Carrier may warehouse, forward or transship the Goods at the Merchant's risk and expense, or retain on board until later discharge — and such shall constitute complete delivery and performance.
§ 15 Delivery
If delivery is not taken by the Merchant when entitled, the Goods shall be considered delivered. The Carrier may, at its option, subject to its lien and without notice, have the Goods remain where they are or be devanned, warehoused or otherwise stored, always at the Merchant's risk and expense. Where local law requires discharge to lighters, the Merchant shall furnish lighters; failing this, the Carrier may engage them at the Merchant's risk and expense.
§ 16 Charges, Including Freight
Charges have been calculated based on particulars furnished by or on behalf of the Merchant. The Carrier may at any time inspect, reweigh, remeasure or revalue the contents; if particulars are incorrect, Charges shall be adjusted, and the Merchant shall pay the correct Charges and all expenses incurred. Charges are deemed earned on acceptance of the Goods and shall be paid in full, without offset, counterclaim or deduction, cargo lost or not lost, non-returnable in any event. The Merchant remains responsible regardless of whether the Bill of Lading states "Prepaid," "To be Prepaid" or "Collect."
§ 17 Carrier's Lien
The Carrier shall have a lien on the Goods (including any Container owned or leased by the Merchant) and all equipment and appurtenances, on any Charges due any person, and on any documents relating thereto. The lien survives delivery and covers all sums due under this contract or any other contract, including General Average contributions, salvage, and the cost of recovering such sums (inclusive of attorneys' fees). The lien may be enforced by public or private sale at the expense of and without notice to the Merchant.
§ 18 Rust
It is agreed that superficial rust, oxidation or any like condition due to moisture is not a condition of damage but is inherent to the nature of the Goods. Acknowledgement of receipt of the Goods in apparent good order is not a representation that such conditions did not exist on receipt.
§ 19 General Average
If General Average is declared, it shall be adjusted according to the York/Antwerp Rules of 1994 and all subsequent amendments, at any place at the option of any person entitled to declare General Average. The Amended Jason Clause as approved by BIMCO is incorporated herein. The Merchant shall provide such security as may be required.
The Merchant shall defend, indemnify and hold harmless the Carrier and any Participating carrier in respect of any claim of a General Average nature and shall provide such security as may be required.
Neither the Carrier nor any Participating carrier shall be under any obligation to post security for General Average or to collect security for General Average contributions due to the Merchant.
§ 20 Limitation of Liability
Except as otherwise provided, in case of any loss or damage to cargo exceeding in actual value the equivalent of $500 USD per package, or in case of cargo not shipped in packages, per shipping unit, the value of the cargo shall be deemed to be $500 per package or shipping unit. The Carrier's liability shall be determined on the basis of $500 per package or per shipping unit, unless a higher value has been declared by the Merchant before shipment and inserted in this Bill of Lading and extra freight paid if required.
"Shipping unit" means each physical unit (e.g., container, bundle, pallet) or piece of cargo not shipped in a package. Where a Container is not stuffed by or on behalf of the Carrier, or the parties characterize the Container as a package, each such Container (including its contents) shall be deemed a single package with Carrier's liability limited to $500. Where compulsorily applicable legislation provides a lesser limitation, such lesser limitation shall apply.
§ 21 Notice of Claim; Time for Suit
The Carrier must be notified in writing of any loss, damage or claim before or at the time of discharge/removal of the Goods, or if the loss is not then apparent, within 3 consecutive days after discharge/delivery. If not so notified, discharge or delivery shall be prima facie evidence of delivery in good order. The Carrier shall be discharged from all liability unless suit is brought within 1 year after delivery of the Goods or the date when the Goods should have been delivered.
§ 22 Governing Law and Jurisdiction
This Bill of Lading shall be construed according to the laws of the United States and the Merchant agrees that any suits against the Carrier shall be brought exclusively in the Federal Courts of the Southern District of Florida, to the exclusion of any other court. The Carrier may in its sole discretion voluntarily submit to the jurisdiction of another court, but such shall not constitute a waiver of this provision in any other instance.
§ 23 Non-Waiver and Separability
Nothing in this Bill of Lading shall deprive the Carrier of any statutory protection or any defense, immunity, exemption, limitation or exoneration from liability contained in the laws of the United States or any other country whose laws may be compulsorily applicable. The Terms and Conditions of this Bill of Lading shall be separable, and if any part shall be held invalid such holding shall not affect the validity of any other part.
Rule 23 Acceptance of Terms and Conditions
Merchant, by utilizing the services of Carrier pursuant to an NSA or NRA, shall be deemed to have consented to the Freight Rates and Charges set forth in the NSA or NRA, and shall be deemed to have accepted all of the terms and conditions in this Rules Tariff including but not limited to those in Rule 22, notwithstanding the non-signing of the Bill of Lading by Merchant.
Rule 24 Detention, Demurrage or Storage
Goods received at break-bulk terminal, CFS or CY are subject to free time and wharf detention, demurrage, or storage provisions of the appropriate port terminal 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 will be three days, and the following charges will apply per 24-hour period or fraction thereof:
| Container Type | 1st 24 Hours | Each Period After 1st 24 Hours |
|---|---|---|
| 20' | $100.00 | $150.00 |
| 40' Standard | $150.00 | $175.00 |
| 40' High Cube | $150.00 | $175.00 |
| 45' | $150.00 | $175.00 |
| Reefer & All Other Containers | $200.00 | $225.00 |
Rule 25 Agent for Service of Process
The person in the U.S. designated as Carrier's legal agent for service of process is:
Osmer Arauz
Helmsman Freight Solutions, LLC
2701 S. LeJeune Rd, Coral Gables, FL 33134
If the designated agent cannot be served because of death, disability or unavailability, Shanshan Liang, Esq. of 2717 Neuchatel Drive, Tallahassee, FL 32302 will be deemed to be the legal agent for service of process.