Freight Forwarder Compensation
Effective February 02, 2017
Dear Valued Customer,
CMA CGM (America) LLC is announcing the following changes to tariffs CMDU 005 Rule 009; CMDU 028 Rule 009; CMDU 044 Rule 009; CMDU 091Rule 009; CMDU 101 Rule 009. These changes will go into effect February 2, 2017, and affect the following; Freight Forwarder Compensation
A. RATES OF COMPENSATION:
Except as otherwise provided in a Service Contract, compensation to a licensed freight forwarder shall be zero percent (0%) of the applicable freight rates from or to ports named in this tariff.
Government impelled USAID PL480 cargo shall be 2.5% of the applicable freight rates from or to ports named in this tariff.
Compensation shall not be paid on any amounts added to the base ocean freight rate, including, but not limited to accessorial charges, surcharges, penalties, port charges, heavy lift and long length charges, origin receiving charges, destination delivery charges, or rental fees assessed for use of containers. (When base ocean freight rates are specifically published as including other tariff charges, freight forwarder compensation may be paid on the other tariff charges designated as included in the base ocean freight rate.)
Claims for freight forwarder compensation must be presented to the Carrier within six (6) months of the sailing of the vessel from the port at which the cargo in question was loaded.
B. COMPENSATION REQUIREMENTS:
Compensation will be paid on freight monies only to such freight forwarders who are qualified to carry on the business of forwarding and to receive compensation under the provisions of the Shipping Act of 1984 as amended and regulations effective pursuant thereto (46 CFR Part 515), and only when such freight forwarders have performed the services and made the required certification.
Carrier will not pay compensation to a freight forwarder on any shipment in connection with which the carrier files export declarations, or licenses, on behalf of the shipper or freight forwarder.
Where a freight forwarder is entitled to compensation, the freight forwarder shall provide the ocean carrier with certification that indicates that the freight forwarder has performed the required services that entitle it to compensation. The certification shall read as follows:
“The undersigned hereby certifies that neither it nor any holding company, subsidiary, affiliate, officer, director, agent or executive of the undersigned has a beneficial interest in this shipment; that it is the holder of valid F.M.C. License No. issued by the Federal Maritime Commission and has performed the following services:
1. Engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of that space; and
2. Prepared and processed the ocean bill of lading, dock receipt, or other similar document with respect to the shipment.”
Deduction of freight forwarder compensation from freight charges due is not permitted.
The Carrier will not be obligated to pay freight forwarder compensation until the full ocean freight and charges have been paid to the Carrier.
** All applicable rates, surcharges, and rules, including, where applicable, mandatory pricing elements under EU commitments can be located in the applicable Governing Tariffs.
Thank you for your continued support. Should you have any questions or concerns regarding this change, please contact your local CMA CGM sales representative. For current schedule activity please visit our Web site at www.cma-cgm.com.