INTERNATIONAL SERVICES CORPORATION
AS AGENTS FOR U.S. DEPARTMENT OF STATE (EUR/ACE)
CARGO BOOKING CONFIRMATION
We, the undersigned, do hereby confirm and agree that International Services
Corporation (ISC), as agents for U.S. Department of State (EUR/ACE) has booked the
following cargo subject to the terms and conditions set forth below:
(1) Activity Identification Number:
(2) ISC Booking Number:
(3) Date of Booking:
(4) Shipper: International Services Corporation (ISC)
as agents for U.S. Department of State (EUR/ACE).
(5) Freight Contractor:
(6) Cargo Mode: ___ Ocean
(7) Cargo Description:
(8) Cargo Availability Dates:
Contract Canceling Date:
(9) Loading Point(s):
(10) Delivery Destination(s):
(11) Estimated Arrival Dates At Destination:
(13) Notify Party:
(14) Contractor Responsibilities:
__ CONTAINER TRANSPORTATION
__ DOOR TO DOOR AT CONTRACTOR'S TIME, RISK AND EXPENSE WITH NO
DEMURRAGE / NO DETENTION
__ DOOR TO CONTAINER YARD AT CONTRACTOR'S TIME, RISK AND
EXPENSE WITH NO DEMURRAGE / NO DETENTION
__ CONTAINER YARD TO CONTAINER YARD AT CONTRACTOR'S TIME,
RISK AND EXPENSE WITH NO DEMURRAGE / NO DETENTION
__ CONTAINER YARD TO DOOR AT CONTRACTOR'S TIME RISK AND
EXPENSE WITH NO DEMURRAGE / NO DETENTION
__ PROVISION OF AND POSITIONING OF CONTAINERS AT PICK-UP
LOCATION AT CONTRACTOR'S TIME, RISK AND EXPENSE
__ PROVISION OF CONTAINERS BY SHIPPER
__ STUFFING OF CONTAINERS AT PICK-UP LOCATION AT SHIPPER'S TIME,
RISK AND EXPENSE
__ STUFFING OF CONTAINERS AT PICK-UP LOCATION AT CONTRACTOR'S
TIME, RISK AND EXPENSE
__ STRIPPING OF CONTAINERS AT DELIVERY DESTINATION AT
SHIPPER'S/RECEIVER'S RISK AND EXPENSE.
__ STRIPPING OF CONTAINERS AT DELIVERY DESTINATION AT
CONTRACTOR'S TIME, RISK AND EXPENSE.
__ THROUGH BILL(S) OF LADING
__ BREAKBULK (OCEAN TRANSPORT)
__ FULL LINER TERMS NO DEMURRAGE / NO DESPATCH / NO DETENTION
__ BERTH TERMS LOAD WITH NO DEMURRAGE / NO DESPATCH / NO
DETENTION // FREE DISCHARGE WITH NO DEMURRAGE/NO
__ FREE IN AND OUT (FIO) WITH NO DEMURRAGE / NO DESPATCH / NO
__ THROUGH BILL(S) OF LADING
__ AIR TRANSPORTATION
__ FULL CHARTER
__ SPACE CHARTER
(15) Required ___ days prior written advance notice from Contractor of Equipment
readiness to load date:
(16) Cargo Weight:
Number of Containers:
(17) Transport Cost:
_______________________ per metric ton
_______________________ per lb.
_______________________ per cubic meter
_______________________ per TEU
_______________________ per FEU
(18) Contractor's Equipment:
Vessel Name (if applicable) _____________________________
Aircraft Type (if applicable) _____________________________
Rail Cars and/or Trucks _____________________________
(19) Security Requirements:
(20) Additional Terms:
(21) A Service Fee of ___ % on the actual amount freight is payable by
Contractor to International Services Corp., Wash., DC.
(22) This Cargo Booking Confirmation consists of this Part I and Part II as
attached. In the event of a conflict, the provisions of Part I will prevail
over those contained in Part II.
Shipper: Freight Contractor:
International Services Corp.
as agents for U.S. Department of State (EUR/ACE)
U.S. Department of State (EUR/ACE) – Cargo Booking Confirmation Part II
1. Notwithstanding any provisions in the on-board Bill of Lading and/or any other document evidencing or relating to the agreement between the Contractor and the Shipper, the following shall govern the terms of carriage of this shipment; and any provision in any such document which adds to or varies the rights, responsibilities, or immunities of the parties shall be void and of no effect unless otherwise provided in this
confirmation. Any terms or provision inserted or deleted from this form by the contractor or his/her designated Agency shall be null and void unless approved in writing by the Shipper.
2. Contractor shall release a copy of the Bill(s) of Lading immediately upon completion of loading of cargo into Equipment.
3. Contractor is not to relet cargo to other carriers or operators unless Shipper has given prior written approval.
4. Contractor is to give Shipper or their Agents, International Services Corporation, the required prior written advance notice of Equipments' expected readiness to load date per Clause 15 of Part I of this Booking Confirmation (via telefax (202) 296-1160, or telex numbers 248375 PSHP UR or 205660 PSHP WSH).
The Shipper is to be kept continuously advised by telefax or telex of any alteration in Equipments' readiness to load date.
Upon completion of loading, Contractor are to give Shipper or their agents written advance notice of Equipments' ETA at first or sole final destination point.
5. Cargo is not required to be made available before the Cargo Availability Dates named in this Contract. Should Contractors' Equipment not be made available for loading of cargo at first or sole loading point by the Contract Canceling Date named in this contract, Shipper shall at said time have the option of canceling this Contract or such portion of the contract not yet completed. Whether or not the option to cancel is exercised, Contractor is to be fully responsible for all charges attributable to such failure. Shipper may deduct any charges due under this clause from payment of freight without further notice.
6. In the event the Contractor fails to lift or deliver all or part of the shipment as scheduled due to any cause other than Shipper's fault or negligence, the Contractor shall be responsible for all expenses resulting from such failure, including but not limited to pier or warehouse storage, rail, truck, and/or barge demurrage, inspection, fumigation and deterioration, as well as excess re-procurement costs for any defaulted services.
7. If the Contractor determines that the Equipment originally scheduled for lifting the cargo will be unable to meet this loading date, or that substitute Equipment must be nominated to perform, the Contractor shall promptly notify the Shipper and cargo shall not be loaded to any substitute Equipment without prior approval of the Shipper. Upon notice of change in loading date, or substitution of Equipment originally scheduled for lifting, Shipper will either accept the later date and/or substitute Equipment as offered by Contractor, subject to Clause 6 above, or at shipper's option cancel the booking. If there is any change made by the Contractor in the terms of booking and the Contractor fails to notify the Shipper, the Contractor will be responsible for any damages to the Shipper due to the change.
8. The Contractor shall clean the Equipment to the satisfaction of the Shippers' designated Inspector and obtain from such Inspector an Equipment Inspection Certificate covering each containing unit so inspected. With the exception of packaged oil and cargo in marine containers or under refrigeration, the Contractor shall be required to ensure that each hold, tank, or railwagons into which the cargo is to be loaded is clean, dry, and free from insect infestation.
Should the Contractor be required to present Equipment at more than one point for loading, a single certificate covering each containing unit to be loaded shall be required.
9. Goods shall be carried by nominated Equipment from loading point to destination and shall not be transshipped unless provided for as a term of this confirmation or prior written permission is received from the Shipper. If the cargo is to be transshipped, the originating Contractor shall issue a Through Bill of Lading to cover the entire movement and agree to assume all risk and expense at final destination point, notwithstanding
any provision of the Bill of Lading to the contrary.
10. If there is any failure on the part of Contractor to perform the Contract after cargo has been loaded into Equipment at the loading point, Shipper shall be entitled to incur all expenses which in their judgment are required to enable Equipment to undertake and carry out the Contractors' obligations under the Contract, including, but not limited to, expenses for lifting any liens asserted against Equipment.
The Contractor agrees that he/she will cooperate fully in such efforts and that such expense may be deducted
from the freight earned under the Contract notwithstanding any prior assignments of freight made by the
11. At final destination point(s), the Consignee, as the Receivers of the cargo, shall take possession of the cargo.
The Contractor agrees that, unless it receives prior written permission or instructions from the Shipper to the contrary (and, in the case of cargo loaded aboard a vessel at a U.S. port, subject to the provisions of Clause 20), the cargo will be discharged only at its scheduled destination point as contracted.
12. Shipper reserves the right, in emergencies, to divert the cargo to other discharging points. Any such diversion to be confirmed by Shipper in Washington, DC. Remuneration for such diversion to be determined by mutual consent and shall include consideration of such extra expenses as would not have occurred in transporting
cargo to original destination.
13. Freight payable by the U.S. Department of State in accordance with FAR Clause 52.232.25 (Prompt Payment). Contractor shall submit documentation for payment as follows:
Payment of 100 percent of Transportation Cost will be payable after Equipments' arrival at final destination point and upon confirmation by the Shipper that Contractor has fulfilled all of his obligations under this contract.
(a) Voucher for payment of freight is to be submitted on a 1113 Voucher Form.
(Each voucher form should include three (3) 1113 forms and one (1) 1113a Memorandum form).
Fully completed vouchers to be forwarded to: International Services Corp.,
1629 K Street, N.W. - Suite 700, Washington, DC 20006 U.S.A.
(b) Three (3) copies of Certified Rated Bill(s) of Lading (with standard B/L certification)
(c) Three (3) copies of signed, non-certified Rated B/L.
(d) Three (3) copies of Equipment Inspection Certificate (if such inspections was required).
(e) Three (3) copies of fully signed Cargo Booking Confirmation and of each fully signed Addendum thereto, if any.
(f) Three (3) copies of International Services Corp.'s Service Fee invoice marked "PAID" and signed by an authorized officer of ISC.
(g) Three (3) copies of Certification Letter from International Services Corp., Washington, D.C., Shippers' Agent, that Contractor has fulfilled all of their obligations under this contract.
STANDARD Bill of Lading CERTIFICATION CLAUSE
"I CERTIFY THAT THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL BILL(S) OF LADING UNDER WHICH THE GOODS
HEREIN DESCRIBED WERE LOADED."
(NAME OF CONTRACTORS' COMPANY)
14. Shippers' liability under this Contract to cease on cargo being loaded, except for payment of all freight.
15. Damages for breach of this Contract shall include all proven damages.
16. Any damage done to the Equipment by loading or discharging labor is for the account of the party ordering same.
17. At the loading point(s), any dues and/or taxes assessed against the cargo or freight to be for Shippers' account. Any dues and/or taxes assessed against the Equipment to be for Contractors' account.
At the discharging point(s), any dues and/or taxes assessed against the cargo or freight to be for Receivers' account. Any dues and/or taxes assessed against the Equipment to be for Contractors' account.
18. Any expense which the Contractor may incur in connection with delivery of this shipment at destination as a result of delay to the Equipment due to the Consignee's fault, shall be for the account of the Consignee and the Contractor shall have no recourse against the Shipper on that account.
19. Provided the Contractor has used due diligence to make the Equipment ready, then in the event of an accident, danger, damage, or disaster before or after the commencement of the transit resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequences of which the Contractor is not responsible by statute, contract, or otherwise, the goods, Consignees or Shipper of the goods shall contribute
with the Contractor in general average to the payment of any sacrifices, losses, or expenses of a general average nature that may be made or incurred and all be paid for salvage and special charges incurred in respect to the goods. For contracts involving ocean transportation: if a salving ship is owned or operated by the Contractor,
salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. General average shall be payable according to York/Antwerp rules, 1974, and be settled in New York, New York.
20. It is mutually agreed that, in the case of cargo loaded aboard a vessel at a U.S. port, this Contract is subject to all the terms and provisions of and all the exemptions from liability contained in the Act of Congress of the United States, approved on the 16th day of April 1936, entitled "Carriage of Goods by Sea Act" (46 U.S.C. 1300 et. seq.), unless otherwise provided in this confirmation.
In case of claims for loss, damage or shrinkage in transit, or any other claims against the Contractor, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods By Sea Act of 1936 shall not apply as to period within which notice thereof shall be given the carriers or to period within which claim therefore shall be made or suit instituted.
21. If upon Equipments' arrival at loading point, a strike of workers essential to the loading operation is in progress, Shipper may order the Equipment to another non-strike bound loading point, failing which, Shipper or Contractor to have the privilege of canceling this Contract, 48 hours after proper notice to Contractor or Shipper of their intention to cancel, without liability to either party.
22. If the cargo cannot be loaded by reason of Riots, Civil Commotions, or of a strike or lock-out of any class of workman essential to the loading of the cargo, or by reason of obstructions or stoppages beyond the control of the Shipper on the Railways, Docks, or other loading places, or if the cargo cannot be discharged by reason of Riots, Civil Commotions, or a strike or lock-out of any class of workman essential to the discharge, no claim for damages or detention on that account shall be made by the Shipper, Receivers of the cargo, or Contractor of the Equipment.
23. Neither the Contractor nor the Shipper, shall, unless otherwise in this Contract expressly provided, be responsible for any loss of damage or delay or failure in performing hereunder, arising or resulting from: Act of God; act of war; act of public enemies, pirates or assailing thieves; arrest or restraint of princes, rulers or people; or seizure under legal process provided bond is promptly furnished to release the Equipment and/or cargo; strike or lockout or stoppage or restraint of labor from whatever cause, either partial or general; or riot or civil commotion.
24. Contractor agrees that, in the case of cargo loaded aboard a U.S. Flag vessel at a U.S. port, any deviation in the mode of delivery (direct, relay, or transshipment) without the prior approval of the Shipper will result in a freight revision to the lowest rate offered for an acceptable mode of delivery under the freight tender against which this booking was made. Contractor also agrees to refund the amount of this revision, or to permit
the deduction of the amount from any sums remaining to be paid and due and owing, in the event that a deviation is discovered after payment is made, in whole or in part.
25. Shipper reserves the right to require the contractor to post a Performance Bond within twenty-four (24) hours following Cargo Booking Confirmation in the form of Cashiers' or Certified Check(s) from a First Class U.S. bank equivalent to ten (10) percent of total Bill(s) of Lading freight in favor of the U.S. Department of State,
Washington, DC. Said Cashiers' or Certified Check(s) to be returned to Contractor after completion of delivery of the cargo. Under no circumstances is the Performance Bond to be considered as the maximum liability of liquidation of damages incurred due to a non-performance of the Contractor.
26. This is a United States Government contract. FAR Clause 52.233-1 "Disputes" (OCT 1995) from the U.S. Federal Acquisition Regulation, 48 CFR (Code of Federal Regulations) Chapter 1 is hereby incorporated by reference as if set forth fully herein.