Beruflich Dokumente
Kultur Dokumente
By
Gururaaj Naikar
PGDTL
I. Introduction
I. Operations of NVOCC
II. Revenues of an NVOCC
III. Expenses of an NVOCC
IV. Profits and Losses of an NVOCC
V. Conclusion
In this project we will be seeing the round voyage costing of general cargo
containers from Nhava Sheva to Middle East and back.
OPERATIONS OF AN NVOCC:
Goods moving in International Trade are often moved by more than one mode of
transport i.e. Road, Rail, Sea and Air. Under the conventional system of each
transportation mode, the Shipper/Consigner has to enter into contract with each owner of
these segments of the transport modes and deal with them separately for co-ordination
and for claims if any. This was time consuming and costly. With the Multimodal
Transportation only one Agency known as Multimodal Transport Operator takes the
responsibility of performing all modes of transport. Thus it becomes easy for the
Shipper/Consigner to deal with one agency. These agencies are mostly renowned Freight
Forwarders (not C&F agent who are mainly Custom House Agents). They are also known
as NVOCC i.e. Non Vessel Owner Cargo Carriers who are authorized to issue their own
Bills of Ladings.
A non-vessel-owning common carrier that buys space aboard a ship to get a lower
volume rate. An NVOCC then sells that space to various small shippers, consolidates
their freight, issues bills of lading and books space aboard a ship.
It may be a person or company (often a forwarding agent) who does not own or operate
the carrying ship but who contracts with a shipping line for the carriage of the goods of
third parties to whom he normally issues a house bill of lading.
Operations of NVOCC’s:
The operation of NVOCCs begins when their marketing personnel confirms the inquiry
about the rate quotation. When the rates are confirmed the D/O is issued for empty
container. Once the D/O is received the containers are sent to factory of the shipper or to
the CFS as per the requirement of the shipper. The shippers then send the follow up for
stuffing and also send the load list for the same.
The container requirement for the shipper depends upon the type, dimension, and weight
of the cargo. The container may be 20’, 40’, reefer container, flat rack container for ODC
cargo. Once the requirement of the container is decided then the container is send for
stuffing of the cargo. The stuffing of the cargo is done either at the factory of the shipper
or at CFS by the line (NVOCC). If it is factory stuffing then the container is send directly
to warehouse of the shipper and all responsibility regarding stuffing of the cargo is
looked after by the shipper.
In the case of dock stuffing were goods are stuffed by the line, then the shipper sends his
cargo by his mode of transport to warehouse of the line at his CFS. In this case the line
looks after the stuffing of the cargo in the container as it is now their responsibility.
When the container is loaded i.e laden container, it is then inspected by the customs
officials. After the inspection of the container by the custom house agents, the container
is sealed and the container seal number is given. The customs after inspection also gives
the LET EXPORT ORDER or shipping bill to the line. Once all these formalities are
completed the lines takes the container to the port and offloads the container at the
container yard.
Once the container reaches the port the line provides form 13 along with vessel details to
the shipper. The line also submits the load list to vessel operator. Then follow up for
loading is done. After this line prepares the B/L draft which is given to the shipper and
the B/L draft is released. The filing of EGM is done by the line.
ROUND
Services by NVOCCs:
When goods are carried in containers and when full container loads (FCL) are offered by
the consignor, the packing is normally done by the consignor or freight forwarders or
other agents acting on his behalf and the loaded containers are delivered by the consignor
at the container yard (CY) used by the NVOCCs. Some NVOCCs also provide an
ancillary transport service between the Container Freight Stations (CFS) and the
ECY
consignor's premises for collecting such loaded containers. Such service is also made
available to the consignee's premises in the case of imports.
In the case of FCL, the NVOCCs do not normally supervise the packing, but some
NVOCCs have a packing advisory service in their organisation which is available to the
consignor on request.
In the case of less than container loads, (LCL) containers are usually packed under the
supervision of the NVOCCs or his agents at a groupage depot or container freight stations
and unpacked under similar supervision at the CFS in the country of destination. Such
CFS are usually set up adjacent to a marshalling yard (MY) for assembling containers
near the berth where the vessel which is to carry the containers is to be berthed, but if
they are packed at the groupage depot of a freight forwarder, the packing may not be
subject to supervision by the NVOCCs, who may treat the loaded containers as FCL
cargoes.
Many Container Freight Stations also function as inland clearance depots where customs
inspection is carried out. The customs clearance, export/import formality, execution of
foreign exchange transactions etc. are generally attended to by the consignor or his agent
but these functions are also performed by the NVOCCs.
After having accepted the cargo from the consignor, the NVOCCs reserves space on the
different modes of transport concerned through his sub-contractors for the transport of
cargo to the final destination.
After the goods are taken into custody at the Container Yard (CY) the NVOCCs is
responsible for their safe custody until they are delivered to the consignee. The NVOCCs
or his agent supervises loading and unloading of the goods on or from each mode of
transport used in the chain in order to ensure their expeditious and smooth movement to
the destination.
TYPES OF CONTAINERS:
Top Ventilated 20 Side vents along top Hygroscopic cargoes such as coffee,
rail cocoa, tobacco and seeds.
Open Sides 20 Side gates and side Agricultural products requiring
curtains ventilation, livestock and side
loading.
Bulk 20 Top loading ports and Dry cargoes in bulk e.g. malt, sugar
door discharge shoot also used as a normal GP container.
Tank Containers 20 Tank within an ISO Liquid cargoes in bulks including
frame of various types foodstuffs and hazardous.
Refrigerated - 20/40 Refrigerated Integral 8'6" and 9'6"
Integral
Refrigerated - 20, (8’ and Top & bottom end Reefer cargoes on specialized ships
Insulated 8’6”) ports and connects to operating in ANZ and SAF Trades.
ships refrigeration
system
REVENUES OF NVOCC:
Are NVOCC gross revenue calculated by the amount of House Bill of Lading and then
the net Revenues are calculated by subtracting the containership line’s carrier Bill of
Lading from the Gross Revenue ?
NVOCC Net Revenue = Total House Bill of Lading Revenues – Total Master Bill of
Lading Cost
EXPENSES OF NVOCC:
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CONDITIONS OF CARRIAGE
1. In these conditions the following expressions shall have the following meanings:
"Company" means Southampton Isle of Wight and South of England Royal Mail Steam
Packet Company Limited (also known as Red Funnel Group, Red Funnel Ferries & Red
Funnel Holidays) including where appropriate its employees agents independent
contractors and sub-contractors who shall all have the benefit of the defences and
limitations provided by these conditions,
"conditions" these conditions as may be varied by the Company from time to time
without prior notice to customers. For the avoidance of doubt, customers acknowledge
that no agent, employee, independent contractor or sub-contractor of the Company is
permitted to alter or vary these conditions in any way,
"customer" includes, without limitation, all passengers and persons entering into
transactions with the Company and named as consignor on the consignment note,
"goods" includes, without limitation, livestock and animals of all kinds, vehicles
including passenger vehicles, passengers' unaccompanied luggage merchandise and
personal property of all kinds whatsoever, together with any packaging and the container
and/or vehicle in which they may be carried,
3. The headings in these conditions are for convenience only and shall not affect their
interpretation.
4. The Company is not a Common Carrier and does not contract as such.
5. Any typographical, clerical or other error or omission in any sales literature, quotation,
price list, acceptance of offer, invoice or other document or information issued by the
Company shall be subject to correction without any liability on the part of the Company.
Company's Obligations:
6. The Company undertakes the carriage of passengers and the collection, carriage,
loading, discharge, storage and warehousing custody and delivery of the goods solely
upon and subject to these conditions.
8. All charges by the Company shall be the Company's quoted prices listed in the
Company's published price list current at the date of the transaction. All charges may be
altered by the Company at any time without giving notice to customers.
9. Subject to condition 10, full payment is due when the Company confirms the booking.
10. In all cases (previously agreed with the Company) where charges are not prepaid,
goods will be accepted for conveyance only upon condition the customer remains liable
for payment of the amounts due for the carriage of such goods and all other charges
incidental to the collection, carriage, loading, discharge, storage, warehousing, custody or
delivery of the goods without prejudice to the Company's rights if any, against the
customers or any other persons.
Goods:
11. The consignment note issued by the Company shall not be taken to evidence the
condition of the goods or the correctness of the declared nature, quantity or weight of the
consignment at the time it is received by the Company.
12. The customer shall furnish a statement of the identity of any dangerous, hazardous
and toxic goods entrusted to the Company and of the nature and danger involved by
quoting the relevant UN packing group under which the goods are classified and the UN
number together with the IMDG code where known and flashpoint where applicable.
Tremcards must accompany those goods for which they are required. Without prejudice
to the generality of the foregoing, customers must comply in all respects with the Road
Traffic (Carriage of Dangerous Substances in Packages etc) Regulations 1986. The
Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk)
Regulations 1987, Merchant Shipping (Dangerous Goods and Marine Pollutants)
Regulations 1990, Explosives Act 1875, The Dangerous Substances in Harbour Areas
Regulations 1987 the Bye-Laws of the Port and Harbour from and to which goods are
shipped and all other applicable laws in connection with the carriage of the goods.
13. The Company shall not be obliged to carry or otherwise handle dangerous goods.
14. Goods of a dangerous nature to the carriage whereof the Company has not consented
with knowledge of their nature and character, may at any time be unloaded, abandoned,
discharged, landed, jettisoned, destroyed, rendered innocuous or otherwise disposed of by
the Company without compensation, and without prejudice to condition 23 the customer
shall be liable for all damages and expenses directly or indirectly arising out of or
resulting from such shipment whether or not the customer had knowledge or should have
had knowledge of the nature and character of the goods at the time of the shipment. If any
goods shipped with such knowledge and consent shall become a danger they may be dealt
with in like manner.
15. All perishable goods refused by the person at the place to which directed, or directed
to a place not known to the Company, its servants or agents, or not directed at all or not
paid for or not taken away within six hours of arrival if addressed to be called for, may be
forthwith sold or otherwise disposed of without notice to the customer and without
liability whatsoever on the part of the Company. Payment or tender of the net proceeds of
any such sale after deduction of freight charges and other expenses of the Company
including, without limitation, expenses in connection with the disposal of such goods
shall be released to the customer.
16. The Company will have the right to inspect the contents of any parcel or package and
will not be bound to receive or forward any parcels or packages the contents of which
shall not be declared at the time of being tendered. The Company reserves the right to
require the unloading of the whole or any part of the load of any vehicle if in the opinion
of the Company's employees or agents it is necessary so to do in the interests of safety or
convenience of handling and no liability is accepted by the Company in such event.
17. All empties not taken away within thirty days after their arrival may be disposed of
by sale or otherwise. The Company shall have complete discretion in determining upon
the manner of the disposal, and shall not be bound to dispose of them in the manner most
favourable to the customer. The Company will keep such amount of any proceeds
obtained from the disposal of the empties in satisfaction of the Company's costs and
expenses in connection with the storage and disposal of the empties. The Company will
account to the customer for any balance.
Company's Lien:
18. The Company shall have a general lien against the owner of the goods for any money
due from the customer to the Company and if any such lien is not satisfied within a
reasonable time the Company may in its absolute discretion sell all or part of the goods as
agent for the customer and apply the proceeds towards the money due and the expenses
of retention insurance and sale of the goods and shall on accounting to the customer for
any surplus be discharged from all liability whatever in respect of the goods.
Customers' Safety:
19. Customers shall at all times follow and carry out all lawful directions of the Master
and/or crew members of the vessel, particularly in relation to (but not limited to) personal
safety of themselves, crew or other passengers.
20. Customers are required to be seated when advised or requested to do so by the Master
or any crew member, for any reason.
21. Customers are required at all times to take all reasonable precautions for their own
safety and safety of any person in their care (particularly children). This includes but is
not limited to using hand and guard rails at all times as provided around the vessel,
appropriately restraining children and ensuring that children are accompanied by a
responsible adult at all times and paying attention to the safety briefing given by crew
members at the commencement of carriage.
22. Customers are advised and required to take particular care in conditions of inclement
rough or heavy weather or as advised by the crew.
23. Notwithstanding the provisions of condition 26 below, neither the carrier, the vessel
nor any crew member shall be held responsible for any loss or damage (including
personal injury) suffered by any person, as a result of breach of that person's safety
obligations (as detailed in these conditions and/or as otherwise advised by the Master
and/or crew members), or their failure to utilize all safety devices and precautions as
provided and/or advised on board the vessel, or caused by any passenger acting in an
unreasonable, unnecessary or unsafe manner.
24. The Master/Captain/Commander or any other authorized person will refuse to take on
board any vessel a person who in the Master's opinion may constitute a hazard either to
the safety of the vessel or to the safety of the other persons on board that vessel or who in
the Master's opinion may be a nuisance or annoyance to other passengers.
Liability:
(a) The Company shall not be liable for any indirect or consequential loss suffered by the
customer whatsoever.
(b) The liability of the Company for death or personal injury resulting from negligence is
not excluded or restricted hereby.
25. The Company shall not be liable for loss damage non-delivery or delay attributable
to:
(a) non-delivery or misappropriation of the goods where the Company has complied with
any special instructions by the customer as to delivery,
(e) any other act or omission of the Company which is beyond the reasonable control of
the Company,
(h) handling loading stowage or unloading of the goods by the customer or the consignee,
(i) the nature of the goods exposing them to total or partial loss or damage through
breakage rust decay desiccation leakage wastage inherent or latent defect or vice or
natural deterioration,
(k) any other act or omission of the customer or consignee or any person for whom the
consignee is responsible.
26. The Company shall not be responsible for any loss damage or delay unless the
customer notified the Company in writing within 3 days of actual delivery.
27. The Company draws attention to the right the Company may have in appropriate
circumstances to limit liability, whether under the provisions of statute or otherwise and
nothing in these terms and conditions is to be construed as a derogation of that right.
28. In respect of claims arising on or after 1 February 1978 these terms and conditions are
to be construed in such a manner as to afford the Company maximum protection
permissible under the Unfair Contract Terms Act 1977.
29. In accordance with The Carriage of Passengers and their Luggage by Sea (Domestic
Carriage) Order 1987, the Company gives the following notice:
(b) The Athens Convention in most cases limits the carrier's liability for death or personal
injury or loss of or damage to luggage (including a vehicle) and makes special provision
for valuables; and
(c) The Athens Convention presumes that luggage has been delivered undamaged, unless
written notice is given to the carrier:
(i) In the case of apparent damage, before or at the time of disembarkation or re-delivery,
or
(ii) In the case of damage which is not apparent or of loss, within 15 days from the date
of disembarkation or re-delivery or from the time when such re-delivery should have
taken place.
30. Customers shall be liable for any loss, damage or delay to the goods and to the
property of the Company and of third parties and for personal injury or death to any
persons wheresoever such damage is caused or inflicted by the goods.
31. General average (if any) to be settled in accordance with York-Antwerp Rules, 1974,
or any subsequent amendment thereto.
33. Customers entering into transactions of any kind with the Company expressly warrant
that they are either the owners or the authorized agents of the owners of any goods to
which the transaction relates and further warrant that they are authorized to accept and
are accepting these conditions not only for themselves, but also as agents for and on
behalf of all other persons who are or may thereafter become interested in the goods.
34. The customer shall pay to the Company the amount required to indemnify the
Company against any claim arising out of the custody or carriage of the goods in
pursuance of or in connection with these conditions by any person or entity having an
interest in the goods and any costs and expenses associated with such a claim.
Sub-contractors:
35. The Company shall be entitled to employ or contract with the Railways other
Shipping Companies or any other carriers or persons for any purpose of or incidental to
the collection, carriage, loading, discharge, storage and warehousing, custody or delivery
of the goods. In so doing, the Company shall be deemed agents for the customers.
36. Where customers booking include the carriage of goods or the travel of passengers by
road or rail then that part of the journey (provided it is not undertaken by the Company)
shall be subject to the relevant carrier's terms and conditions and other relevant applicable
laws, copies of which are available on request.
Delivery:
37. Where the Company undertakes to arrange collection and/or carriage of the goods
prior to loading aboard the vessel or on carriage of the goods after discharge from the
vessel such arrangements will always be made by the Company prior to loading aboard
the vessel or after discharge from the vessel.
Commencement and Termination:
38. (a) The transit in respect of which a consignment note is issued by the Company shall
commence when the goods are handed to and accepted by the Company whether at the
point of collection or at the Company's premises. For the avoidance of doubt, unless
otherwise previously agreed with the Company, any goods abandoned on any Company's
premises may be disposed of by the Company without compensation to the owner of the
goods and without any responsibility on the part of the Company.
(b) The transit shall (unless otherwise previously determined) be deemed to end:
(i) In cases where the Company has not undertaken to arrange on-carriage, when the
goods are discharged from the vessel, or:
(ii) In cases where the Company has undertaken to arrange on-carriage (a) when the
goods are tendered at the usual place of delivery at the consignee's address, or other
agreed place of delivery within the customary cartage hours of the district, (b) when upon
arrival at the place of delivery, it is found that no safe and adequate access or no adequate
unloading facilities there exist, (c) when for any other reason whatsoever a consignment
cannot be delivered.
(iii) In cases where the Company has undertaken to arrange on-carriage but no on-
carriage is available, the transit shall be deemed to terminate on arrival of the goods at the
Company's wharf or depot. Any money received by the Company in respect of the
intended on-carriage shall be held in trust for the customer and may be appropriated by
the Company to payment, in part or in full, of any additional expenses by the Company.
(iv) In cases where a consignment is held by the Company "to await order" or "to be kept
till called for" or upon any like instructions and such instructions are not given, when the
consignment is not called for and removed within thirty days.
39. When the transit has come to an end by virtue of Clause 40 above the Company may
sell the goods (although the Company shall not be obliged to do so) and payment or
tender of the proceeds after deduction of all proper charges and expenses in relation
thereto and all outstanding charges in relation to the carriage and storage of the goods
shall discharge the Company from all liability in respect of such goods, their carriage and
storage. Whether or not the Company elects to sell the goods the owners shall be liable
for all additional expenses or charges of whatsoever nature incurred after the transit has
come to an end.
40. English Law shall apply to any transactions between the Company and customers
under these conditions and the parties shall submit to the exclusive jurisdiction of the
English courts.