AGENCY MANUAL. Prepared by: Agency Administration Dept. Approved by: Adm. & Fin Manager Date: February 2016 Revision: 02 CSAV AGENCY MANUAL

Transcription

1 ADMINISTRATIVE AND FINANCIAL PROCEDURES AGENCY MANUAL QC Prepared by: Agency Administration Dept. Approved by: Adm. & Fin Manager Date: February 2016 Revision: 02 CSAV AGENCY MANUAL ADMINISTRATIVE AND FINANCIAL PROCEDURES (Agency Administration Department) CSAV

2 TABLE OF CONTENTS 1. INTRODUCTION Object of the Agency Manual Internal Distribution within the Agency Written Communications From the Principal to the Agent From the Agent to the Principal Amendments to the Manual Principal s documentation System(s) Code Private Area of Principal s Web Site CARGO DOCUMENTATION Liner Bills of Lading and Sea Waybills Roles Definition Blank Forms Duties of the Booking Agent Bills of Lading: Processing and Issuance Sea Waybills Corrections and alterations CONGEN Bills of Lading Blank Forms Processing and Issuance Closing and Distribution of Cargo Documentation Documental and Administrative Closing Cargo and Freight Manifests Deficiencies or Delays in Cargo Documentation Distribution of Copies of Cargo Documentation Advance Income Report DELIVERY OF CARGO Arrival Notice Outstanding Freight and/or Charges Delivery against Bill of Lading or Sea Waybill Change of Port of Discharge or Place of Final Delivery CSAV

3 3.5 Presentation of Original Bill of Lading to a Third Agent Delivery against Letter of Indemnity Original Bill of Lading not available Original Bill of Lading not available and Change of Port of Discharge or Place of Final Delivery Issuance of a Fourth Bill of Lading for Customs Purpose Undelivered Cargoes General RECEIVABLES COLLECTION PROCESS General Provisions General duties Collecting responsibilities Collection of Freight and Charges Acceptance / Refusal to act as Collecting Agent Settlement Period and Credit Conditions Freight and Charges on Prepaid terms Freight and Charges on Collect terms Payment of Freight and/or Charges to a Third Agent Collection and Remittance Reports Remittance Advice Weekly Fund Reports PAYABLES SETTLEMENT PROCESS General Voyage Expenses Liquidation (VLN) Supporting Documents Invoicing Guidelines Owners Expenses Tax Refunds Weekly Statement of Account (SOA) Exhibit 1 Abbreviations and Definitions Exhibit 1.1 Abbreviations Exhibit 1.2 Definitions Exhibit 2 Cargo Documents Exhibit 2.1 Bill of Lading for Port to Port and Intermodal Shipment CSAV

4 Exhibit Bill of Lading Form (Front Page) Exhibit How to fill in the Bill of Lading Exhibit Appendix to Bill of Lading Form Exhibit 2.3 Sea Waybill Exhibit Sea Waybill Form Exhibit How to fill in the Sea Waybill Exhibit 2.4 CONGEN Bill of Lading Exhibit CONGENBILL Form Exhibit Authorisation to sign Bills of Lading Exhibit 2.5 Shipper s Instruction to send Original Bills of Lading Exhibit 2.6 Correction Note Exhibit Correction Note Form Exhibit How to fill in the Correction Note Exhibit 2.7 Cargo Manifest Exhibit Cargo Manifest Form Exhibit How to fill in the Cargo Manifest Exhibit 2.8 Freight Manifest Exhibit Freight Manifest Form Exhibit How to Fill in the Freight Manifest Exhibit 2.9 Summary of Freight Manifest Exhibit Summary Freight Manifest Form Exhibit How to fill in the Summary Freight Manifest Exhibit 3 Delivery of Cargo Exhibit 3.1 Transferability and Endorsement: Summary Exhibit 3.2 Letter of Indemnity to be given in return for delivering cargo at a port other than that stated in the Bill of Lading Exhibit 3.3 Letter of Indemnity to be given in return for delivering cargo without production of the original Bill of Lading incorporating a Bank s agreement to join in the Letter of Indemnity Exhibit 3.4 Letter of Indemnity to be given in return for delivering cargo at a port other than that stated in the Bill of Lading and without production of the original bill of Lading incorporating a Bank s agreement to join in the Letter of Indemnity Exhibit 3.5 Request from the Consignee for the issuance of a fourth original Bill of Lading for Customs purpose Exhibit 3.6 Undelivered Cargoes CSAV

5 Exhibit Notification to Consignee Exhibit Notification to Principal Exhibit 4 Receivables Forms Exhibit 4.1 Remittance Advice Form Exhibit Agency Remittance Advice Form Exhibit Customer Remittance Advice Form Exhibit 4.2 Weekly Fund Report Exhibit Weekly Fund Report Form Exhibit How to fill in the Weekly Fund Report Exhibit 5 Payables Forms Exhibit 5.1 Voyage Expenses Liquidation (VLN) Exhibit Voyage Liquidation Form Exhibit How to fill in Voyage Expenses Liquidation CSAV

6 1. INTRODUCTION 1.1 Object of the Agency Manual This document sets out the Administrative and Financial Procedures and Instructions applicable to the Principal s Agency Network. At the same time, it is the operative part of the Agency Agreement between the Agent and the Principal, of which it is deemed to form an integral part, and to which it is incorporated by reference. The Agency Manual is part of the Principal s Quality Management System documentation. 1.2 Internal Distribution within the Agency The Agent shall ensure that all personnel in charge of the day-to-day administrative and financial relationship with the Principal, as well as, the corresponding personnel in charge of operations, documentation or commercial contacts with customers and all supervising or management staff, have received adequate training in respect to compliance with all procedures and instructions concerning to their scope of work and responsibility, and that they have permanent access to the corresponding updated version of this Manual. The list of abbreviations and definitions of the specific terms used in this document are included in Exhibit Written Communications From the Principal to the Agent Additionally to this Manual, the Principal may issue from time to time separate written communications to the Agent(s) concerned, by way of Numbered Instructions that may introduce exceptions or modifications to this Manual. Numbered Instructions only can be given through the Principal s Agency Administration Department From the Agent to the Principal Whenever a specific procedure or instruction requires the Agent to send any written communication to the Principal or to any third party, the Agent shall have the freedom to choose the means of communication that it deems most rapid and secure. The Agent shall be responsible for the timely delivery of any such written communication to their address, and shall ensure if necessary that it has been completed and correctly received by the Principal or third party, particularly in case it elects to communicate by . CSAV

7 1.4 Amendments to the Manual Any amendment to the Agency Manual will be informed to the Agency Network through a Numbered Instruction (as mentioned in Section 1.3.1), being available through the Principal s Documentation System. 1.5 Principal s documentation System(s) Code The Agent shall be responsible for the correct use of the information and/or software(s) provided by the Principal, and shall make sure that all personnel has been properly trained for using it and have access to the relevant user manuals. All reports and electronic information sent to the Principal and all data entry in the system(s) of the Principal shall be done using exclusively the official codes. In case the Agent is not linked to the Principal s documentation System(s), or if for any reason it is temporarily disabled to use such system(s), it shall be the Agent s responsibility to transmit any report or information in a compatible format. In all booking correspondence, cargo documentation, as well as in all reports or communication addressed to the Principal, the Agent shall use exclusively the multimodal transportation terms. 1.6 Private Area of Principal s Web Site The Agent shall inform at all times to the Principal the full style of the Agency, as well as the name of the contact persons of the Agency, indicating at least the name and contact details of the General Manager, and of the person(s) in charge of operations, documentation (import/export), customer service, administration, finance (receivables and payables), accounting, tax, and where applicable sales. CSAV

8 2. CARGO DOCUMENTATION This Chapter details the instructions regarding the issuance of cargo documentation, its control and dispatch, as well as the documental and administrative closing. Cargo documentation shall include all documents related to the transportation of any goods whether port to port or intermodal shipments, that may be required in order to comply with any regulation applicable at origin and destination, or at any port of call. The contents of the cargo documentation shall reflect the information contained in the booking, as well as the details of the goods. The instructions contained in this Chapter apply primarily to the Principal s standard liner Bills of Lading and Sea Waybills for port to port carriage. 2.1 Liner Bills of Lading and Sea Waybills Roles Definition The process of creating and issuing Bills of Lading and Sea Waybills generally involves more than one single Agency. For the purpose of this Manual, the various roles fulfilled by one or more agencies at different stages of the said process have been considered independently, and the concepts of Booking Agent, Processing Agent, Issuing Agent, Port of Loading Agent and Collecting Agent have been defined (see Definitions in Exhibit 1.2). In the majority of the situations, one Agency will fulfil different roles in the process and concentrate several of these functions, e.g. the same Agency can act as Booking, Issuing and Collecting Agent for a particular shipment Blank Forms The Principal s Purchasing Department is in charge of the printing of all cargo documentation blank forms (Bill of Lading, Appendix, Sea Waybill) for the whole CSAV. The Agent shall only use the last version of Bill of Lading, Sea Waybill or Appendix form provided by CSAV s Purchasing Department in Santiago, Chile. The Agent shall confirm the reception of the blank forms in writing to CSAV s Purchasing Department, indicating the series of folio number for each type of blank form received. A sample of the blank forms of Bill of Lading and Sea Waybill appear under Exhibit and Exhibit 2.3.1, respectively. Whenever a new version of any document is distributed, the forms corresponding to the previous version shall be inventoried and destroyed under the supervision of one of the authorised persons to sign Bills of Lading or Sea Waybills on behalf of the Principal. CSAV

9 A copy of the inventory shall be signed by that person, as well as by the Agent s General Manager, and then shall be sent to the Principal s Agency Dept. and Purchasing Dept. The Agent shall be responsible for the safe custody of the Principal s Bill of Lading, Appendix and Sea Waybill blank forms. It shall keep, safeguard and handle all blank forms in the same way and with the same level of care and precaution applicable to cheques or other financial instruments, in a place with restricted access to the authorised personnel of the Agency. The Agent shall ensure that he disposes of a sufficient stock of Bill of Lading, Appendix and Sea Waybill blank forms to cover the use for the next six months. Requests for additional blank forms shall be made in writing to CSAV s Purchasing Department when it will be necessary. The Agent shall take all necessary measures to monitor the use of its stock generally, and of each one of the documents in particular, and shall keep track of the folio numbers of the forms used for each vessel, as well as of any void document. The Principal shall have the right to visit the Agent s premises and interview its staff at any time and without notice in order to audit the efficiency of the Agent s Monitoring System, which is an internal control that the Agent shall maintain to register each used folio number (Originals + Non Negotiable B/L) Duties of the Booking Agent The Booking Agent shall: a) Receive the Customer s request for transportation services. b) Enter the full details of the proposed Booking into the Principal s Booking Documentation System (BDS). c) Check that the proposed Booking fits within the Agent s cargo allocation, or obtain the approval from the Principal s Traffic Manager. d) Enter into the BDS (Principal s system) the details of the Processing Agent, the Issuing Agent and the Collecting Agent to suit Customer s requirements. e) For any freight or charges booked on collect terms, obtain the written approval from the Collecting Agent(s) that assume(s) responsibility for collection of such freight or charges (see Chapter 4). In case the Booking Agent is also acting as Collecting Agent for any freight or charges booked on collect terms, the approval shall be deemed to have been confirmed in writing and the responsibility for payment of such freight or charges assumed by the mere fact of confirming the Booking to the Customer. f) For any freight or charges booked on prepaid terms that are payable to another Agent other than the Issuing Agent, obtain the written approval of the Collecting Agent. g) Upon receipt of the approval(s) from the Collecting Agent(s) if and as required, confirm the Booking to the Customer. h) Unless the Processing Agent is also acting as Issuing Agent, the Booking Agent shall advise the Issuing Agent in writing that he will have to issue the Bill(s) of Lading or Sea Waybill(s) in respect of the Booking CSAV

10 2.1.4 Bills of Lading: Processing and Issuance Date of Issuance / Reception / Loading a) Date of Issuance The date of issuance of the Bill of Lading will be automatically inserted by the Principal s Documentation System (BDS) at the time of printing. b) Received for Shipment Bills of Lading Where the Customer requests the Bill of Lading to be issued before the goods have been loaded on board a vessel (e.g. in case of intermodal transportation), the Agent shall ensure that a stamp or note mentioning Received for Shipment appears on the Bill of Lading, together with the date of reception of the goods by the Carrier, e.g: Received for Shipment on. The issuance of Bill of Lading mentioned before, will be only approve by the principal s authorization. N.B.: The position by the default is that unless it is marked On Board (or similar indication) as per following paragraph, the Principal s blank form of Bill of Lading is a Received for Shipment document. However, the actual date of receipt of the goods must be stated whenever the document is issued before loading, in order to avoid confusion with the date of issuance / printing. c) Shipped on Board, Clean on Board, etc. Bills of Lading Once the goods have been loaded on board a vessel the Agent, shall ensure that a stamp or note mentioning Shipped on Board, Clean on Board or similar indication that the goods have been loaded on board appears on each Bill of Lading, together with the date of loading of the goods, e.g.: Shipped on Board on Contents Input and Approval Duties of the Processing Agent Once the Booking has been confirmed, the Processing Agent shall: a) Receive the Bill of Lading matrix (or matrices in case more than one Bill of Lading is to be issued under the same Booking) directly from the Shipper or through the Booking Agent. b) Check that the contents of the matrix (s) match the Booking information and clarify in writing with the Shipper (or the Booking Agent) any discrepancy or omission. c) Check that the tariff and surcharges are correctly applied as per the Principal s tariffs. d) Enter in the Principal s documentation System the full details of the Bill of Lading as indicated in the matrix, in accordance with the instructions contained in Exhibit and Exhibit respectively. e) Request from the Port of Loading Agent the cargo details such as: date of loading, weight(s), mark (s) and enter them into the Principal s documentation System. f) Ensure that the Bill of Lading details are in strict conformity with the Mate s Receipt, and in particular, that any remark stated in the Mate s Receipt appears in the Bill of Lading. g) Produce a draft Bill of Lading and submit the same to the Shipper for approval. CSAV

11 h) Receive the Shipper s approval with the draft and in case of any request for modification other than the correction of mere clerical errors, request a new matrix from the Shipper and reinitiate the process as from letter a) above. i) All Bill of Lading must be manifested in status Issued into the System within 24 hours after the vessel departure from the Loading Port Printing, Signature and Release Duties of the Issuing Agent Each Agency shall keep a register of the authorised persons entitled to sign Bills of Lading on behalf of the Principal, which shall contain a sample of the signature and of the initials (short signature) of each such authorized person. A copy of that register shall be sent to the Principal s Receivables Area on the first working day of the months of March and September each year, and immediately after any change of the personnel concerned. Upon written request from the Processing Agent, the Issuing Agent shall: a) Print out the original Bill of Lading in a set of three identical originals, with as many Copy Not Negotiable as the Shipper may require, and record the folio number(s) of all blank forms used in his monitoring system. b) Sign the original and non-negotiable copies of the Bills of Lading. c) Printing and signature of the Bills of Lading shall take place not later than four calendar days after departure of the ocean-going vessel (as opposed to feeder vessel) from the loading port. d) Check whether the payment of any freight or charges booked on prepaid terms remains outstanding, and in such case obtain the written approval from the Collecting Agent(s) that assume(s) responsibility for payment of such freight or charges, that the Bills of Lading can be released (see Section 4.2). In case the Issuing Agent is also acting as Collecting Agent for any outstanding freight or charges booked on prepaid terms, the approval shall be deemed to have been confirmed in writing and the responsibility for payment of such freight or charges assumed by the mere fact of releasing the Bills of Lading. e) Upon receipt of the approval(s) from the Collecting Agent(s) if and as required, release the original and non-negotiable copies of the Bills of Lading to the Shipper by placing them at his disposal at the place where they have been printed. IMPORTANT: Original Bills of Lading shall normally be collected from the Agent s office by the Shipper, and may only be sent by the Agent to the place or party required by the Shipper after receipt of his written instruction to do so. Such instruction shall be provided by the Shipper in writing, using the letter included under Exhibit Bill of Lading Appendix In case the length of the cargo description exceeds the space available for that purpose on the Bill of Lading, an Appendix form shall be used. The Bill of Lading shall clearly indicate that it is continued in one or more Appendix (es), to which it shall be physically attached. CSAV

12 Any Appendix shall bear the same place and date of issuance, and the same number as allocated to the corresponding Bill of Lading. A sample of the Bill of Lading Appendix Form, as well as how to fill in, can be found under Exhibit Additional (or Lesser) Quantity of Original Bills of Lading Bills of Lading shall be normally issued in a set of three identical Originals (see Section above). This rule is reflected in the paragraph appearing at the bottom left corner of the Bill of Lading form: IN WITNESS WHEREOF THREE (3) ORIGINAL BILLS OF LADING (unless otherwise stated above) HAVE BEEN SIGNED ALL OF THE SAME TENOR AND DATE, ONE OF WHICH BEING ACCOMPLISHED THE OTHERS TO STAND VOID Upon special request from the Shipper made in writing before the Bill of Lading has been printed and subject to authorisation from the Principal, the settings in the Principal s documentation System can be adapted by CSAV s Agency Department (Documentation Manager) so as to allow the issuance of a larger or smaller number of originals for one or more specific Bill(s) of Lading. However, once the Bill of Lading has been printed, the number of originals issued can no longer be modified. In such case, authorisation to re-print a different number of originals shall be requested through a Correction Note (see Section below); the full set of original Bills of Lading shall be returned by the Shipper and stamped VOID by the Agent (see Section below), and a fresh set comprising the required number of original Bills of Lading shall be printed. In all cases where a different number than three originals of any Bill of Lading is printed, the words ISSUED IN [insert figure] ( insert number in full letters) ORIGINALS shall be typewritten, both in full letters and in figures, in the space immediately above the paragraph quoted above Exchange of Original Bills of Lading Modifications to and Replacement of Bills of Lading Upon request of the Shipper or Consignee and in circumstances that justify the replacement of original Bills of Lading, after their issuance but always before they have been transferred or endorsed to any third party, e.g. if the documents have been physically damaged, or if modifications have been made to the contents of the Bill of Lading in accordance with Section below, the Issuing Agent shall: a) Receive the full set of original Bills of Lading. Should any of the Bills of Lading originally issued be missing, exchange of any of the remaining originals shall be strictly prohibited. b) Instruct the Processing Agent to process and issue a Correction Note reflecting the issuance of fresh documents. c) Stamp each of the returned documents VOID (see Section below) and record the folio number(s) of the returned documents in his monitoring system. d) Print, sign and release the fresh documents in accordance with Section above. CSAV

13 Split and Consolidated Bills of Lading In case the Shipper or the Consignee requires the splitting of one Bill of Lading into different ones, or the consolidation of different Bills of Lading into a single one, after their issuance but always before they have been transferred to endorsed to any third party, the Issuing Agent shall: a) Receive the full set of original Bills of Lading. Should any of the Bills of Lading originally issued be missing, splitting or consolidation of any of the remaining originals shall be strictly prohibited. b) Stamp each of the returned documents VOID (see Section below) and record the folio number(s) of the returned documents in his monitoring system. c) Instruct the Processing Agent to process and issue a Correction Note in respect of the Bill of Lading whose number shall be re-used, or any Bill of Lading that is cancelled in the process. d) Request one or more new Bill(s) of Lading matrix(es) from the Shipper or Consignee as applicable and re-initiate the whole processing and issuance procedure as from Section above Service Bills of Lading In case the Principal sells slots on a liner vessel on an ad hoc basis, i.e. to a third party with whom the Principal does not operate a joint service ( the Slot Buyer ), it shall inform the Agent accordingly and Service Bills of Lading shall be issued as follows: a) Service Bills of Lading are internal documents between two shipping lines that are selling/buying slots from each other, and the Slot Buyer shall issue his own Bills of Lading (or Sea Waybills where applicable) to his Customer. b) The Bill of Lading matrix shall be received directly from the Slot Buyer s agent and not from the Customer. c) Service Bills of Lading shall indicate the Slot Buyer s agent and or Slot Buyer, at the loading port as Shipper, and be nominative consigned to the Slot Buyer s agent at the discharge port, i.e. without any qualification such as To order, "To the order of XYZ or XYZ or order. d) Service Bills of Lading shall contain the following clause: Cargo carried by [insert name of Slot Buyer] under B/L N [insert number of Bill of Lading issued by the Slot Buyer to his Customer] issued on [insert date of issuance] at [insert place of issuance]. [Insert name of Principal] is space provider only, and shall not be considered as Carrier for said cargo, clause 1 on the reverse hereof notwithstanding. or (where applicable): Cargo carried by [insert name of Slot Buyer] under Waybill N [insert number of Sea Waybill issued by the Slot Buyer to his Customer] issued on [insert date of issuance] at [insert place of issuance] ]. [Insert name of Principal] is space provider only, and shall not be considered as Carrier for said cargo, clause 1 on the reverse hereof notwithstanding. CSAV

14 Ad Valorem Bills of Lading If the Customer requests the value of the cargo to be stated within the Bill of Lading, the respective involved Agent shall apply the following procedure: a) The Booking or the Processing Agent (as the case may be) shall immediately inform in writing the Principal s Traffic Manager, with copy to the Principal s Agency Dept. Manager including the following details: i) Vessel s name, voyage number, leg ii) Port of loading and/or place of receipt of the goods iii) Port of discharge and/or place of final delivery iv) Estimated date of loading v) Detailed description of the goods vi) Shipper s declared Value b) Confirmation of the booking to the Customer, or further processing of the Bill of Lading (as the case may be) will be strictly subject to Principal s written authorisation, and confirmation of the applicable ad valorem freight surcharge, which shall be informed to the Customer. c) Provided the Principal s approval has been received, the Agent shall send a message to the Customer, drawing his attention to the Valuation clause on the reverse side of the Principal s Bill of Lading and requesting him to confirm: i) Whether he prefers that the value of the cargo does not appear on the Bill of Lading, or ii) Whether he accepts to pay the freight surcharge. d) If the Customer maintains his request and accepts in writing the freight surcharge, the Processing Agent shall then: i) Enter the Bill of Lading details into the Principal s documentation System, including the ad valorem freight surcharge. ii) iii) Confirm to the Principal s Traffic Manager the approval of the surcharge by the Customer. Advise in writing: i. the Issuing Agent ii. (if different from the Issuing Agent) the port of loading Agent iii. (if applicable) the Agent at the place of receipt of the goods iv. the port of discharge Agent v. (if applicable) the Agent at the place of final delivery that an ad valorem Bill of Lading shall be issued, including the same details as stated in letter a) above. e) The port of loading Agent and (if applicable) the Agent at the place of receipt of the goods shall: CSAV

15 AGENCY MANUAL February 2016 i) Ensure that adequate security measures are being taken by the Terminal and by any party involved in the handling or custody of the goods. ii) Actively supervise the receipt, loading and handling of the goods until they have left the port of loading or the place of receipt, and immediately report to the Principal s corresponding Traffic Manager any security concern that the Agent may have or be aware of, as well as any unusual or particular circumstance that might affect security. iii) Inform the Principal s Traffic Manager, with copy to the Principal s Agency Dept of the actual date of loading, as well as of the Bill of Lading and package s numbers or VIN (Vehicle Identification Number). f) The port of discharge Agent and (if applicable) the Agent at the place of final delivery of the cargo shall: i) Ensure that adequate security measures have been taken by the Terminal and by any party involved in the handling, custody or on-carriage of the cargo. ii) Actively supervise the discharge, handling and delivery of the cargo at the port of discharge or (if applicable) at the place of receipt, and immediately report to the Principal s corresponding Traffic Manager any security concern that the Agent may have or be aware of, as well as any unusual or particular circumstance that might affect security Sea Waybills Special Characteristics of Sea Waybills Bills of Lading and Sea Waybills fulfil essentially the same functions and are subject to the same basic rules. However, Sea Waybills possess special characteristics, the main ones being as follows: a) Sea Waybills are strictly non-negotiable documents. They cannot be made out to order or transferred by endorsement under any circumstances. b) Contrary to the rule applicable to Bills of Lading, presentation of the Sea Waybill is not necessary in order to take delivery of the goods (see Chapter 3). c) Until the goods are delivered at destination, the Shipper is entitled to modify his delivery instructions, by notifying the Carrier in writing that the goods should be delivered to a party other than the Consignee named on the Sea Waybill. d) Sea Waybills cannot be used for Customs clearance in the following countries: Argentina, Bolivia, Brazil, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela Booking, Processing and Issuance Sea Waybills shall be processed and issued in the same way as Bills of Lading (see Section above), except for the following differences: a) Whenever the issuance of Sea Waybills is required by the Shipper, freight and charges shall be booked under Prepaid terms. Sea Waybills on Collect terms could only be booked with the corresponding Traffic Manager authorization. CSAV

16 AGENCY MANUAL February 2016 b) Agents issuing Sea waybill on collect terms must follow the freight collect procedure (See Chapter 4). c) Sea Waybills shall always be issued as nominative, i.e. to a named Consignee without any qualification such as "To order, "To the order of XYZ or XYZ or order. d) Sea Waybills shall be issued in as many copies as the Shipper may require. e) There are no Original or Copy Not Negotiable forms of Sea Waybills. All blank forms are marked WAYBILL / NON-NEGOTIABLE. f) In case the length of the cargo description exceeds the space available for that purpose on the Sea Waybill, an Appendix to Sea Waybills shall be used in the same way as for Bills of Lading (see Section ), or in case no blank form of an Appendix to Sea Waybills is available, another Sea Waybill form shall be used in continuation of the first one. The first page of the Sea Waybill shall clearly indicate that it is continued in one or more Sea Waybill form(s), to which it shall be physically attached. For any Sea Waybill form used in continuation of the cargo description, the mentioned Appendix shall be typed in the top left corner of the space available for that purpose, and the document shall bear the same place and date of issuance, and the same number as allocated to the corresponding Sea Waybill Corrections and alterations Correction Notes General Rules Once a Bill of Lading or Sea Waybill has been printed, no modification whatsoever shall be made to any information contained in the document unless the intended modification has been requested through a Correction Note and duly approved in accordance with the instructions contained in this Manual and in the Principal s documentation System. A sample of a Correction Note form appears under Exhibit A separate Correction Note shall be made for each Bill of Lading or Sea Waybill requiring modification (one Correction Note per Bill of Lading or Sea Waybill), but the same Correction Note may include more than one request for modification to the same document. In case the same Bill of Lading or Sea Waybill requires successive modifications, the necessary number of Correction Notes shall be made to reflect each update of the document Who can request a modification CSAV

17 AGENCY MANUAL February 2016 Requests for modification of a Bill of Lading or Sea Waybill shall only be taken into consideration when made either by the Principal, directly by the Shipper or through the Booking Agent of the Shipper Who can generate a Correction Note Only the Processing Agent shall be entitled to generate Correction Notes into the Principal s documentation System When can a Correction Note be made The Processing Agent shall generate and process any Correction Note, and obtain the necessary approval(s) not later than 30 days after departure of the vessel from the loading port, and not later than four (4) working days before the estimated arrival date of the vessel at the discharge port, whichever shall come first, subject to any local regulation that may impose stricter rules or limitations. In case of transit time of less than six days, the Processing Agent shall generate and process any Correction Note, and obtain the necessary approval(s) at any time prior to the arrival of the vessel at the discharge port, always subject to any local regulation that may impose stricter rules or limitations. Any request for modification of a Bill of Lading or Sea Waybill shall be processed within two working days How to make a Correction Note Instructions regarding the making of Correction Notes are contained in Exhibit Approval of the Correction Note Any Correction Note that affects the amount of freight or sur-charges, change of destination, Consignee, Shipper or notify party must be authorised by the Principal. Additionally, any Correction Note affecting the payment conditions of any freight or charges shall first receive the written approval of the Collecting Agent concerned. Correction Notes aimed at modifying other information contained in the Bill of Lading or Sea Waybill shall be approved by the Agent under its own responsibility, always subject to further instructions from the Principal or possible restrictions regarding the authorised changes Issuance and Signature of the Correction Note Correction Notes can only be issued after receiving the approval(s) from the authorised person in the Agency and/or from the Principal and/or from the Collecting Agent, as the case may be. Only the Issuing Agent (i.e. the Agent that originally issued the Bills of Lading or Sea Waybill) shall be entitled to print Correction Notes, after the necessary approval(s) has (have) been obtained and always within the time frame defined in Section above. Correction Notes shall be signed by the same persons entitled to sign Bills of Lading and Sea Waybills on behalf of the Principal, as defined in Section Void Documents CSAV

18 AGENCY MANUAL February 2016 If any Bill of Lading or Sea Waybill, whether still a blank form or already issued/filled in, is to be made void for any reason, the word "VOID" shall be stamped on each document, which shall be filed by folio number and kept by the Issuing Agent for a period of five years. The Principal shall be entitled to make periodical audits/controls over such void documents. After the above mentioned period (or upon termination of the Agency Agreement, should it intervene first), void Bills of Lading and Sea Waybills shall be inventoried and destroyed by one of the persons authorised to sign Bills of Lading and Sea Waybills on behalf of the Principal as defined in Section , and an inventory of the documents destroyed signed by that person as well as by the Agent s General Manager shall be sent to the Principal s Agency Dept Physical Alterations As a general rule, modifications to any Bill of Lading or Sea Waybill, whether handwritten and/or through any other type of correction or physical alteration to the printed information, are not allowed. The recommended course of action is to proceed to the exchange of documents as set out in Section above. However, upon receipt of an urgent and justified request in writing from the Shipper or from the Consignee, the Principal s Traffic Manager can exceptionally authorise the Agent to make corrections or physical alterations to the printed information contained in a Bill of Lading or Sea Waybill. In such case, the Agent shall comply strictly with the following: a) The Agent shall ensure that any physical alteration is made in strict compliance with a Correction Note that has been duly authorised and issued in accordance with Section above. b) The Agent shall verify that all original Bill of Lading and all available Non Negotiable copies, or where applicable all available Sea Waybills, are corrected in the same way. Should any of the original Bills of Lading be missing, any physical alteration to any of these documents shall be strictly prohibited. c) Prior to seeking the authorisation from the Principal s Traffic Manager, the Agent shall ensure that the physical alteration is allowed under the Customs or other regulations applicable at the Port of Discharge and/or at the Place of Final Delivery, as the case may be. d) The information corrected in the Bill of Lading or Sea Waybill shall be encircled or crossed out, but it shall never be erased, covered or otherwise made illegible by any means. e) The Agent shall affix a Correction Approved stamp next to the information encircled or crossed out, and insert the new information in a place nearby the stamp, together with the signature of the person entitled to sign Bills of Lading on behalf of the Principal, as defined in Section The Agent shall provide the aforementioned stamp. CSAV

19 AGENCY MANUAL February 2016 f) In case of Bills of Lading or Sea Waybills freighted as per agreement, insertion of the details of freight and/or charges shall not be considered as a physical alteration to the document, provided the full particulars of all freight and charges appear described as set out below, followed by the following clause: FREIGHT DETAILS:.US$. :..US$ :..US$ TOTAL: US$ "SUPPLEMENTAL DATA ADDED ON SHIPPER'S REQUEST AS PER CARGO MANIFEST AND VALID AT THE TIME OF INSERTION - SUBJECT TO ADDITIONAL FREIGHT OR CHARGES THAT MAY BECOME DUE IN ACCORDANCE WITH TERMS AND CONDITIONS ON THE REVERSE HEREOF". CSAV

20 AGENCY MANUAL February CONGEN Bills of Lading Blank Forms In respect of bulk and break-bulk cargoes, or cargoes carried in the tramp market (i.e. not on liner vessels), the 1994 edition of BIMCO s CONGENBILL shall be used to the exclusion of any other format, unless such format is specifically approved by the Principal. A sample of the blank form of CONGENBILL appears under Exhibit The Agent shall be responsible for obtaining the necessary quantity of blank CONGENBILL forms as required Processing and Issuance The Agent shall: a) Upon the vessel s arrival, obtain from the Master a Letter of Authority to sign Bills of Lading on his behalf as per Exhibit b) Receive the Bill of Lading instructions from the Shipper, the Custom s agent or other representative of the Shipper. c) Fill in the Bill of Lading in accordance with the Mate s Receipt and Shipper s instructions, inserting the necessary additional clauses as instructed by the Principal. d) Produce a draft Bill of Lading and submit the same to the Principal for review and approval, along with a copy of the signed Mate s Receipt. e) Upon receipt of Principal s approval, sign (or obtain the Master s signature as the case may be) Three Bills of Lading previously stamped Original, in one of the following ways: [signature of the Master], Master or: [signature + name of the agent], as agent for Capt. [name of the Master], Master f) Deliver the original Bills of Lading to the Shipper, with as many copies stamped Non Negotiable Copy as the Shipper may require. g) As per Principal s instructions, send non-negotiable copies of the Bills of Lading to the Agent at the port of destination, as well as to the Principal, along with other cargo documents. CSAV

21 AGENCY MANUAL February Closing and Distribution of Cargo Documentation Documental and Administrative Closing Documental Closing The Documental Closing is the procedural step taken by the Processing Agent once all the required information pertaining to the cargo loaded on a given vessel, at a given port and bound for a given destination, has been entered into the Principal s documentation System and is ready to be taken over in the Cargo Manifest. After the Documental Closing, the cargo information contained in the Principal s documentation System can only be modified by issuing a Correction Note (see Section above), whether or not the corresponding Bill of Lading or Sea Waybill has been issued already. The Documental Closing shall be effected latest five (5) running days after the departure of the ocean going or feeder vessel from the loading port, but always before the arrival of the vessel at the port of discharge. For Way port cargoes with a short transit time, the Documental Closing shall be made within 48 hours after the vessel s departure, but in any case before arrival of the vessel at the port of discharge Administrative Closing The Administrative Closing corresponds to the finalisation by the Processing Agent of the complete information pertaining to all the cargo loaded on a given vessel at a given port, irrespective of its destination. That operation shall be effected once by loading port for each ocean going vessel. After the Administrative Closing, the cargo information contained in the Principal s documentation System can only be modified by the issuance of a Correction Note, whether or not the corresponding Bill of Lading or Sea Waybill has been issued already. The Administrative Closing shall be competed latest five (5) running days after the vessel s departure from each Port of Loading Cargo and Freight Manifests Cargo Manifest The Cargo Manifest is a document consolidating the information contained in the Bills of Lading and/or Sea Waybills issued in respect of all cargo loaded on a given vessel, at a given port and bound for a given destination. A sample of the Cargo Manifest form, as well as how to fill in can be found under Exhibit 2.7. The Cargo Manifest shall only be generated on the basis of the information contained in the Principal s documentation System. The Agent shall generate and issue a Cargo Manifest at each port where any vessel takes cargo on board, including those cargoes in transit if required by local regulations. CSAV

22 AGENCY MANUAL February Freight Manifest and Summary of Freight Manifest The freight manifest contains the same information as the Cargo Manifest plus the freight, surcharges, freight payment terms, place of payment and currency. A sample of the Freight Manifest form, as well as how to fill in, can be found under Exhibit 2.8. The Summary of Freight Manifest is a financial report showing the outstanding balance of the freight manifest per vessel/voyage/leg, as well as the total freight per combination of ports of origin/loading and port of discharge/destination. A sample of the Summary of Freight Manifest form, as well as how to fill in, can be found under Exhibit Deficiencies or Delays in Cargo Documentation The Agent shall assume responsibility for the complete, timely and faultless issuance of all cargo documentation, in accordance with the relevant provisions of the Agency Agreement and with any applicable local or international regulation. In the case of cargo classified as Dangerous Goods, the Agent shall equally be responsible for compliance with all rules and regulations applicable to the relevant cargo, and in particular for the correct issuance and handling of IMDG documentation. In case any fine or penalty is applied at the port of discharge or at the place of final delivery by the Port Authorities and/or by Customs or by any other Authority as a consequence of any error, omission or delay in the issuance, processing or transmission of any document, the Processing Agent will be responsible for payment of such fine or penalty and of any extra cost, unless it can demonstrate that he received and transmitted as is information from a third party containing some defect, which he could not reasonably have detected nor corrected, or that the deficiency or delay results exclusively from some act or omission of the Issuing or Booking Agent. The Agent incurring any such fine or penalty shall notify the Processing Agent (with copy to the Principal Payable Area) of any defect that may have been observed by the Port Authorities or Customs, as well as of the details of any fine that may have been applied and of any extra cost incurred. Provided they are in agreement regarding the responsibility for, as well as, regarding the amount of fines or penalty and/or additional costs incurred as stated here above, the Principal shall debit and credit the corresponding amount to the respective Agents, and the said amounts shall be included in the Weekly Collection Report Distribution of Copies of Cargo Documentation If required by the Principal by way of a specific instruction received to that effect, the Agent shall send to the Principal a paper copy of each Correction Note, and/or of any category of Sea Waybill, and/or a non-negotiable copy of any category of Bill of Lading issued by the Agent. CSAV

23 AGENCY MANUAL February Advance Income Report If required by the Principal, the Agent shall, on the first working day of each calendar month, report to the Principal s Head Office Receivable Area the details of the freight relating to any Bill of Lading or Sea Waybill issued during the previous month that has not yet been included in the regular Administrative and Documental closing during that previous month. This Advance Income Report shall not affect the Agent s obligation to subsequently include the corresponding Bills of Lading or Sea Waybills in the Administrative and Documental Closing as stated above. CSAV

24 AGENCY MANUAL February DELIVERY OF CARGO This Chapter defines the instructions in respect of the documentation against which cargo shall be delivered, as well as the main exceptions resulting from a change of the port of discharge, from the non-availability of the Bills of Lading at destination, or from cases of delayed delivery. 3.1 Arrival Notice Two working days before the estimated arrival of the vessel at the discharge port, the Agent shall send a written notice to the Notify Party as indicated on the Bill of Lading or Sea Waybill, including at least the following: a) Details of Bill of Lading or Sea Waybill and of the corresponding cargo. b) Vessel s name and ETA. c) Details of any freight or charges that may be outstanding or that will have to be settled before delivery, along with time and place where payment can be made. d) Name and telephone number (including mobile phone and/or OOH number) of Agents employee to contact in case of question or problem. 3.2 Outstanding Freight and/or Charges Before authorising delivery of any cargo, the Agent shall check whether the payment of any freight or charges booked on collect terms remains outstanding, as per the agency collection ledger register, which should be subject to the Principal revision. In such case, obtain the written approval from the Collecting Agent(s) that assume(s) responsibility for payment of such freight or charges, that the cargo may be released (see Section 4.2). In case the Agent authorising the delivery of the cargo is also acting as Collecting Agent for any outstanding freight or charges booked on collect terms, the approval shall be deemed to have been confirmed in writing and the responsibility for payment of such freight or charges assumed by the collecting Agent, who is releasing the cargo. 3.3 Delivery against Bill of Lading or Sea Waybill The Agent shall deliver the cargo at the port of discharge or at the place of final delivery: a) Against presentation of at least one original Bill of Lading (whether or not made out to order ), duly endorsed as the case may be, which shall be stamped ACCOMPLISHED with the date and the counter-signature of the Consignee or endorsee. Only in the case of Sea Waybills, is it not required that the Consignee present an original document in order to obtain delivery of the cargo; and CSAV

25 AGENCY MANUAL February 2016 b) After verifying the identity of the Consignee named in a Sea Waybill or in a straight consigned Original Bill of Lading, or in an order Original Bill of Lading of (i) the named endorsee or (ii) the named Consignee if a Consignee is named and such Original Bill of lading has not been endorsed. Only in the case of bearer or blank endorsed Bills of Lading, shall the Agent merely record the identity of the party taking delivery of the cargo, without prejudice to any local rule(s) or regulation(s) that may impose further duties or formalities on the Agent at the time of delivering the goods. Please refer to Exhibit 3.1 for a summary of the rules and requirements regarding endorsement and transferability of Bills of Lading. The Agent shall keep the necessary records of both the original documents received and the identification of the Consignee (or of the party taking delivery), so as to be able to produce on demand the documents backing up the delivery of any particular cargo. In case the Consignee or endorsee on a Bill of Lading or Sea Waybill is a company, the Agent shall, additionally, request evidence from any person requesting delivery of the goods in the name of that company, that this person is duly authorised to represent the said company, and shall also keep the necessary records so as to be able to produce on demand the documents proving such authority. 3.4 Change of Port of Discharge or Place of Final Delivery Upon request from the Shipper or Consignee, the cargo may be delivered, upon written instruction of the Principal, in accordance with the previous Section but at another place than indicated on the Bill of Lading or Sea Waybill, after acceptance by CSAV s Agency Dept. (Documentation Manager) of the final wording as well as of the identity of the signing party of a Letter of Indemnity (LOI) issued in the format showed under Exhibit 3.2 and after the Agent has confirmed receipt of the original LOI, always subject to due compliance with any other condition stated by the Principal and the collection of the charges involved. Additionally, in the case of Sea Waybills or if the Bill of Lading is consigned as nominative (and unless the request for change is coming from the Shipper himself), the Shipper s written agreement with the change of port of discharge or place of final delivery shall be required. 3.5 Presentation of Original Bill of Lading to a Third Agent Delivery of the goods shall normally be effected against presentation of at least one original Bill of Lading to the Agent authorising the release of the goods, at the port of discharge or at the place of final delivery. However, presentation of the original Bill of Lading to one of the Principal s Agents at another place (the Receiving Agent ) shall be authorised subject to the following conditions: The Agent releasing the goods (the Releasing Agent ) shall: a) Ask the party taking delivery of the goods to sign a letter requesting the Principal s authorisation to present the original Bill of Lading to a given Agency, confirming that he is in possession of all three originals and explaining the reason for the non-availability of such CSAV

26 AGENCY MANUAL February 2016 originals at the port of discharge or at the place of final delivery. A copy of such letter shall be sent to CSAV s Agency Dept. (Documentation Manager). b) Obtain confirmation from CSAV s Agency Dept. (Documentation Manager) that the Agent to whom the original Bill of Lading will be presented is authorised to act as Receiving Agent. c) Request the confirmation from the Receiving Agent that he is prepared to receive the original Bill of Lading, giving the details of the cargo, as well as the number, date and place of issuance of the Bill of Lading concerned. d) In case local laws or regulations require that the original document be surrendered at the place of delivery, an application shall be made to the Principal for the issuance of a fourth original (see Section 3.8 below). e) Be allowed to consider that the requirement of presentation of at least one original Bill of Lading has been satisfied upon receipt of the written confirmation by the Receiving Agent that the original Bill of Lading is already in his possession. f) Request from the Receiving Agent a fax copy of both sides of the original Bill of Lading in his possession and carefully check the same, including any endorsement made on the reverse side of the document. g) Advise the Receiving Agent once the goods have been released, and indicate the address to which the original Bill of Lading should be sent. The Agent to whom the original Bill of Lading is presented (the Receiving Agent ) shall: a) Confirm to the Releasing Agent that he is prepared to receive the original Bill of Lading. b) Receive the original Bill of Lading and confirm in writing to the Releasing Agent that the document is in his possession, re-confirming the details of the cargo as described in the Bill of Lading, as well as the number, date and place of issuance of the Bill of Lading concerned. c) Send to the Releasing Agent a fax copy of both sides of the original Bill of Lading in his possession. d) Upon receipt of the confirmation from the Releasing Agent that the goods have been delivered, stamp the original Bill of Lading with the mention ACCOMPLISHED. e) Send the original Bill of Lading by express courier to the address indicated by the Releasing Agent, confirming the name of the courier company used the date of dispatch and the air waybill number. 3.6 Delivery against Letter of Indemnity Original Bill of Lading not available In case the delivery of any cargo is requested without presentation of at least one original duly endorsed (as the case may be) Bill of Lading, the Agent shall assist the Customer to prepare an application to CSAV s Agency Dept. (to the attention of the Documentation Manager) in Valparaíso, which shall contain the following: a) The reason for the non-availability of the original Bill of Lading, along with the supporting documents, such as Police s Report in case of theft or accidental destruction, or letter from the courier company in case of loss while in transit. b) An explanation of the basis on which the party requesting delivery of the goods is entitled to take possession of the same, including a copy of the supporting documents such as the purchase contract and proof of payment of the goods by the requesting party. CSAV

27 AGENCY MANUAL February 2016 c) Full details of the description and value of the goods, including copy of the commercial invoice where applicable. d) In case the Bill of Lading is consigned to a Bank, or if it is known that the documents are in the possession of a Bank, the written agreement of such Bank with the fact that the goods is going to be delivered to the requesting party without production of an original Bill of Lading. e) In case the Bill of Lading is consigned as nominative, the written agreement of the Shipper with the fact that the goods is g o ing to be delivered to the requesting party without production of an original Bill of Lading. f) The Customer s confirmation that he is prepared to sign a LOI in the format showed under Exhibit 3.3, and the name and address of the Bank that is prepared to join the said LOI. g) Any other document, evidence or third party approval, or proof of compliance with any other condition as may be requested by the Principal at his sole discretion. In any event, the cargo shall only be delivered (if and when applicable) upon the specific instruction of the Principal, after acceptance by the Principal of the final wording as well as of the identity of the signing party of the LOI and after the Agent has confirmed receipt of the original LOI, always subject to due compliance with any other condition stated by the Principal Original Bill of Lading not available and Change of Port of Discharge or Place of Final Delivery In case delivery of any cargo is requested without presentation of at least one original Bill of Lading and at another place than indicated on the Bill of Lading, the Agent shall assist the Customer to prepare an application to the Principal as per previous Section, except that the agreement to be obtained from the Bank and/or the Shipper as per letters d) and e) shall cover both the fact that the cargo is going to be delivered without production of original Bills of Lading and the change of destination, and that the LOI shall be in the format showed under Exhibit Issuance of a Fourth Bill of Lading for Customs Purpose In countries where the goods cannot be processed through Customs in the absence of an original Bill of Lading, and in circumstances where: The original Bill of Lading is being presented to one of the Principal s Agents at a place other than the port of discharge or the place of final delivery, or The original Bill of Lading is not available but delivery has been authorised by the Principal as per Sections or above, the Principal may, subject to additional requirements or restrictions to be evaluated on a case by case basis and upon receipt of a request from the Consignee in the format shown under Exhibit 3.5, authorise the issuance of a fourth original Bill of Lading, with the following clause inserted on the face of the document: THIS FOURTH ORIGINAL BILL OF LADING HAS BEEN ISSUED FOR THE PURPOSE OF CUSTOMS AND OTHER IMPORT FORMALITIES ONLY, AS THE THREE ORIGINAL DOCUMENTS INITIALLY ISSUED ARE NOT AVAILABLE FOR PRESENTATION. IT IS NOT NEGOTIABLE OR OTHERWISE TRANSFERABLE. CSAV

28 AGENCY MANUAL February 2016 In any event, the Agent shall only issue such fourth Original Bill of Lading with the Principal s prior authorisation confirmed in writing, and record in his monitoring system the folio number of the blank forms used as per Section Undelivered Cargoes General In addition of sending the Arrival Notice to the Notify Party as stated in Section 3.1 above, the Agent shall follow-up the delivery of the cargo at the port of discharge or at the place of final delivery, and shall immediately advise the Principal s corresponding Traffic Manager in writing of any situation or circumstance that may result in unusual delay or in failure by the Consignee to take delivery of the cargo. Should such delay nevertheless occur, the Agent shall establish direct communication with the Consignee of the goods or the Notify Party (as the case may be), or if no Consignee can be identified or contacted, with the Shipper requesting the assistance of the Booking or Port of Loading Agent, staying in regular contact until the cargo has been delivered. In any event, the Agent shall inform the Principal s corresponding Traffic Manager immediately in case any cargo is discharged in a damaged condition, or if it is likely to deteriorate, decay, become worthless or incur charges in excess of its value, or if it may cause loss or damage to other goods or injury to persons, or contravene any applicable law or regulation. Notification formats to Consignees and to the Principal can be found in Exhibit & CSAV

29 AGENCY MANUAL February RECEIVABLES COLLECTION PROCESS 4.1 General Provisions General duties This section summarizes the duties the Agent shall execute in connection with collecting BL and other income. Regarding BL and other income collection, the Agent always shall: Procure the prompt payment from Customers 1 within the Settlement Period and Payment Terms 2 agreed with the Principal. When acting as Collecting Agent 3, collect such monies within the Payment Terms timeframe agreed by the Principal with each Customer. If no Payment Terms agreed by the Principal, hence payments are due immediately at the loading date for prepaid terms and at the date of arrival for collect terms. Remit to the Principal all monies as soon as collected from Customers according to the WFR and fund remittance process. For each payment from the Agent to the Principal, immediately send a remittance advice to the Principal including the payment details. Report every Friday or last working day of every week, the Weekly Fund Report (WFR), which shall include all monies collected from the Customers during the following period: Between Friday of the previous week (or last working day of the previous week) and Thursday of the current week (or the day before to the last working day of the current week). Remit every Monday or first working day of the week all monies reported in the WFR sent the Friday before (or last working day of the previous week). WFR shall be sent to the Principal, even if there is no collections to be reported (monies collected). Regarding Payment Terms Responsibility, when acting as Collecting Agent, if the Principal has not informed Payment Terms for a Customer, or has informed the Agent to block 4 a Customer, the Agent shall: For all freights or charges booked on prepaid terms, in case the Bill of Lading or Sea Waybill is released, be liable and pay to the Principal any monies due by the Customer to the Principal within a Settlement Period of thirty (30) days, regardless if such monies have been collected or not by the Agent. The Settlement Period will commence on the date of sailing of the ship from the first loading port, or in the case of multimodal transport, on the date of receipt of the cargo. 1 Customer: Company or person requesting, contracting or receiving maritime transportation services from the Principal, whether exporter, importer, broker, trader, forwarder, or legal representative of the same, whether that party acts as Shipper, Consignee or Notify Party in respect of a particular cargo. 2 Payment Terms define a timeframe or maximum time limit for a Customer to pay any amount due to the Principal. Payment Terms will be established on the Credit Conditions that the Principal may agree with the Customer. 3 The Collecting Agent for a freight and/or other charges, as appearing in the Bill of Lading or applicable as per Principal s tariff, is responsible for the collection, receipt and transfer to the Principal of moneys regarding such amounts on behalf of the Principal. 4 When a Customer has been blocked, the Agent shall not release any Bill of Lading or Sea Waybill to that Customer, and shall not deliver such Customer s cargo to any party. CSAV

30 AGENCY MANUAL February 2016 For all freights or charges booked on collect terms, in case the cargo is delivered to the Consignee or to any third party, be liable and pay to the Principal any monies due by the Customer to the Principal within a Settlement Period of thirty (30) days, regardless if such monies have been collected or not by the Agent. The Settlement Period will commence on the date of arrival of the ship at the last discharge port, or in the case of multimodal transport, on the date of arrival of the cargo at the place of final delivery. The Principal has the right to set an Agency s Credit Limit 5. If monies due to the Principal exceed the Agency s Credit Limit the Agent shall immediately pay to the Principal any money in excess over the Credit Limit, even if the Settlement Period has not ended Collecting responsibilities When acting as Collecting Agent 6 for a freight or service, the Agent will be responsible for the collection, receipt of payments and transfer to the Principal of the monies due regarding such freight or service on behalf of the Principal. Whenever is possible, payment by the Customers of all freights, charges and other monies due to the Principal, shall be effected directly into the Principal s account, according to the instructions received from the Principal. If such instructions have not been received by the Agent, payments by Customers shall be effected to the Collecting Agent. In either case, the Agent shall: a) Be responsible for collecting all freights, charges, and other monies due to the Principal by the Customer and/or other third parties, as per the agency collection ledger register, which should be subject to the Principal revision. b) Use its best endeavours and take all the steps necessary to procure prompt payment of (and, when the same falls due, to collect) all freights, charges, and other monies due to the Principal by the Customer and/or other third parties 7. c) Keep a documented record of the steps taken according to sub-clause a) and b) above. These steps will include collecting efforts such as phone calls, meetings, s, letters, legal actions and any means of collection that fall under the relevant jurisdiction. The Agent shall be responsible to perform all collecting actions in due time and quality, according to the relevant jurisdiction and procedures set out for this process. The Agent shall make this record available to the Principal on its request. d) If at any point legal actions are required to collect payments from Customers, be responsible for leading and managing the legal process, perform all actions required and provide all information and documents in due time, form and quality to the relevant third parties, such as attorneys and authorities. Before performing legal actions, the Principal shall be notified to its Collections Team 8 to the address credits@csav.com by the Agent and consent to these actions before they are executed. The Principal may assume the legal costs of the collecting process if it has previously consent in writing such commitment. For this purpose, the Agent shall provide a clear legal service description and quote for the Principal to approve. 5 The Agency s Credit Limit is the maximum amount of money permitted to be due to the Principal by the Agent. 6 See section The Agent is not excluded of this responsibility when payments are effected by the Customer directly to the Principal. 8 The Collections Team contact list will be sent by the Principal to the Agent in separate instructions. CSAV

31 AGENCY MANUAL February 2016 e) Before accepting payment by check or other similar financial instrument from any Customer, use all available means of verification to ensure that such check or financial instrument will be duly honoured. f) Keep a record of the payments from Customers. g) Properly inform the Principal the detail of all frights and charges paid by the Customers or the Agent to the Principal. Moreover, if payments are made directly from the Customer to the Principal, request the Customer to always send a Customer Remittance Advice to the Principal and the Agency immediately after any payment, according to Exhibit If requested by the Principal, send a Customer Remittance Advice to the Principal for payments made from the Customer to the Principal. h) In case payment is effected to the Agent and not directly to the Principal, the Agent shall remit to the Principal the full amount of any payment received on account of freights, charges or other monies due in respect of any booking or cargo, without any set-off, retention or deduction whatsoever 9 and include the same in the corresponding Agency Remittance Advice, as well as in the first subsequent WFR. The Agent shall make proof of receipts of payments from Customers available to the Principal on its request. i) Upon receipt of payments, collected funds shall be remitted to the Principal no later than first working date of the following week. For any amount due to the Principal, the Principal shall receive full payment into its bank account. Accordingly: For any payment by the Agent to the Principal, all payment charges, and any other deductions from the bank payment operation, shall be paid by the Agent. 4.2 Collection of Freight and Charges Acceptance / Refusal to act as Collecting Agent The Agent will act as Collecting Agent, unless otherwise agreed in writing by the Principal, or by a proposed Collecting Agent, the Agent will always act as Collecting Agent, for: All freights and charges booked by the Agent on prepaid terms. All freights and charges received by the Agent on collect terms. The Agent may also be requested to act as Collecting Agent in other cases. When requested to act as Collecting Agent, the Agent shall confirm his acceptance or refusal to the Booking Agent within the next working day, as well as: For any freight or charge booked on prepaid terms, with copy to the Issuing Agent. For any freight or charge booked on collect terms, to the Agent at the port of discharge or at the place of final delivery. 9 Set-off, Retention or Deduction shall not allowed by the Principal as per clauses and 15 of the CSAV s Agency Agreement. CSAV

32 AGENCY MANUAL February Settlement Period and Credit Conditions The Principal shall communicate to the Agent Credit Conditions for a given Customer. The Principal s written authorization will be required to agree on such Credit Conditions. These Credit Conditions will authorize that freights and/or charges due to the Principal shall be paid by the Customers within a certain Payment Term. Payment Term specifies the time allowed to the Customer to pay the amount due. For freights or charges booked on prepaid terms, the Payment Term period will commence on the date of sailing of the ship from the loading port, or in the case of multimodal transport, on the date of receipt of the cargo. For freights or charges booked on collect terms, the Payment Term period will commence on the date of arrival of the ship at the discharge port, or in the case of multimodal transport, on the date of arrival of the cargo at the place of final delivery. In the absence of a Payment Term approved by the Principal, no prepaid Bill of Lading or Sea Waybill shall be released, and (in the case of freight and charges booked on collect terms) no cargo shall be delivered to any party until all freights and charges due in respect of such cargo have been paid in full. In such case, if any prepaid Bill of Lading or Sea Waybill nevertheless is released, or (in the case of freight and charges booked on collect terms) if any cargo is delivered to any party, the Agent shall then be liable for the payment, and shall promptly remit to the Principal the full amount of any outstanding freight, charges or other monies due within a Settlement Period of thirty (30) days, whether such freights or charges have been collected or not by the Agent. If such monies due to the Principal exceed the Agency s Credit Limit the Agent shall immediately pay to the Principal any money in excess over the Credit Limit Freight and Charges on Prepaid terms Unless otherwise agreed in writing by the Principal, the Agent shall: a) Comply with all responsibilities of the Collecting Agent described in this document for all freights or charges booked on prepaid terms. b) For Customers with no approved Payment Terms, be liable to the Principal for the payment in full within the agreed Settlement Period of all freights or charges booked on prepaid terms, in case the Bill of Lading or Sea Waybill is released to the Shipper or to any third party before the full amount of all such freights or charges has been received by the Agent. c) Remit to the Principal the full amount of all freights or charges booked on prepaid terms in respect of any such Bill of Lading or Sea Waybill and include the same in the first subsequent collection report (Weekly Fund Report), immediately upon receipt of payment Freight and Charges on Collect terms Unless otherwise agreed in writing by the Principal, the Agent shall: a) Before booking any freight or charge on collect terms, send a request to the proposed Collecting Agent, and obtain its written confirmation that it approves and authorizes the proposed booking, CSAV

33 AGENCY MANUAL February 2016 and that it assumes responsibility for the collection of all corresponding freights or charges due in respect of said booking. b) Ensure that such request for approval by the Collecting Agent is made as soon as possible with as much advance notice as possible and includes (at the very least) the following information: Vessel and voyage; Port(s) of origin/loading, and if applicable place of receipt of the goods; Port(s) of destination/discharge, and if applicable place of final delivery of the goods; Shipper s full details, including but not limited to address of Shipper s actual place of business, telephone, and fax number; Consignee s full details, including but not limited to address of Consignee s present place of business, telephone, and fax number; In case of Bill of Lading consigned to order, Notify Party s full details, including but not limited to address of Notify Party s l present place of business, telephone, and fax number; Description of the goods including volume, weight and quantity; Detail of freights or charges booked on collect terms (stating the relevant currency or currencies); Place of payment (if other than the designated discharge port or place of final delivery). c) Be liable to the Principal for the payment in full within the agreed Settlement Period (or Payment Term, if there is one) of all freights or charges booked on collect terms without the express approval and authorization of the proposed Collecting Agent in accordance with sub-clause a) above. d) When the Agent has confirmed to act as Collecting Agent according to sub-clause a) above, comply with all responsibilities of the Collecting Agent described in this document. e) When acting as Collecting Agent, for Customers with no approved Payment Terms, be liable to the Principal for the payment in full within the agreed Settlement Period of all freights or charges booked on collect terms with the Agent s approval, in case the cargo is delivered to the Customer or to any third party before the full amount of all such freights or charges have been received by the Agent. f) Remit to the Principal the full amount of all freights or charges booked on collect terms and include the same in the first subsequent collection report (Weekly Fund Report), immediately upon receipt of payment Payment of Freight and/or Charges to a Third Agent In case any freight or charges are payable to an Agent other than: The Issuing Agent, for freight and charges booked on prepaid terms, or The Agent at the port of discharge or at the place of final delivery, for freight and charges booked on collect terms, the Agent shall: a) Before releasing the Bills of Lading or Sea Waybills (if prepaid), or the goods (if collect), obtain the written confirmation from the Collecting Agent that all outstanding freight or charges have been paid, or that it assumes responsibility for the payment of such freight or charges. b) Be liable to the Principal for the payment of any outstanding freight or charges, in case the cargo is delivered to the Consignee or to any third party, or in case the Bill of Lading or Sea CSAV

34 AGENCY MANUAL February 2016 Waybill is released without having received such written confirmation from the Collecting Agent. 4.3 Collection and Remittance Reports Remittance Advice The Agent shall remit to the Principal every Monday or first working date of every week all funds and monies reported in the WFR sent the Friday before (or last working day of the previous week). The Agent shall send an Agency Remittance Advice to the Principal s Receivables Area immediately after any amount is deposited into the Principal s bank account. The Agent shall ensure that Customers send a Customer Remittance Advice to the Principal s Receivables Area immediately after any amount is deposited into the Principal s bank account by such Customers. If requested by the Principal, the Agent shall send the aforementioned Customer Remittance Advice to the Principal s Receivables Area. All Remittance Advice shall be sent to the address remittance@csav.com. A sample of Agency Remittance Advice form appears under Exhibit All fields must be filled in, indicating the full remittance details as well as the number of the corresponding Weekly Fund Report remitted. A sample of Customer Remittance Advice form appears under Exhibit All fields must be filled in, indicating the full remittance details as well as the number of the corresponding Bills of Lading remitted Weekly Fund Reports Every Friday or last working day of every week, the Agent shall report to the Principal s Receivables Area a Weekly Fund Report (WFR). The WFR shall report all collections received by the Agent during the period between the Friday of the previous week (or last working day of the previous week) and Thursday of the current week (or the day before to the last working day of the current week). Such collections shall include all freights, charges or other monies collected due to the Principal. The WFR shall be sent every week to the address doc@csav.com, regardless if there are any collections to report or not. The WFR number shall be the number of the week reported for the current year. A sample of the WFR form, as well as, instructions as to how to fill it in can be found under Exhibit and Exhibit The WFR shall include the details of each amount actually collected, and refer to the corresponding invoice, Bill of Lading or Sea Waybill from which the collection originated, along with any correction or amendment thereto (such as a Correction Note). Checks deposited for collection but not paid yet by the bank are NOT to be considered as amount collected and shall therefore not be included in the WFR until the amount of the check has been duly credited by the bank. CSAV

35 AGENCY MANUAL February 2016 CSAV

36 AGENCY MANUAL February PAYABLES SETTLEMENT PROCESS 5.1. General The purpose is to define the liquidation process of the expenses generated by the Agent on behalf of the Principal in the course of its assigned activities. There are three types of expenses, each one being associated with a specific expense liquidation form, i.e. Voyage Expenses, Owners Expenses and General Expenses. Samples of them, as well as instructions on how to fill in these forms can be found under Exhibit All expenses handled by the agent in account of the principal shall be reported through the corresponding expense liquidation form that shall be sent, along with all invoices and other supporting documents, to the CSAV HQ for revision and acceptance within the time specified below for each kind of expense. Liquidations shall be reviewed by the CSAV HQ within 30 days upon reception of all supporting documentation requested by the Principal to the agent and after reception and control of the liquidation form. If any particular expense is not duly documented, settlement of the entire expense liquidation form shall be kept on hold till correction or submission by the Agent of adequate supporting documents for 100% of the concerned expenses is received. In case a given expense liquidation contains any unauthorised expense, those unauthorised expenses shall be returned to Agent within a reasonable time frame. The Principal (CSAV HQ) may request indemnity from the agent for additional cost arising from late payment provoked by submitting any expense liquidation by the Agent after the deadline, as mentioned on below item 5.2, unless the Agent can demonstrate that he acted diligently and delay was due to circumstances beyond his control. Each expense liquidation request should match with the corresponding report (Proforma) made by the Agent of the operational activities instructed or approved by the Principal. Expenses made in respect of unreported (or not yet reported) activities shall be considered as non-authorised. Without prejudice to the rules defined in this Chapter, where the Agent is nominated to handle all of the Principal s contractors, suppliers and service providers under its jurisdiction, the Principal may request to the agent trough formal agency instructions to be invoiced directly by any of them, in which case payment shall be effected by the Principal to such contractors, suppliers or service providers without the Agent intervention Voyage Expenses Liquidation (VLN) The Voyage Expenses Liquidation (VLN) is the consolidation of all operational expenses incurred in respect of the call at a given port of any ongoing ocean going vessel (as opposed to feeder vessel). The Agent shall submit a duly supported VLN covering at least 90% of the total expenses incurred in CSAV

37 AGENCY MANUAL February 2016 respect of a specific vessel s call, within 30 days after sailing of the ocean going vessel from the corresponding port. A sample of the VLN form, as well as instructions on how to fill in VLN, can be found under Exhibit 5.2. Only one supplementary liquidation shall be accepted per vessel s call, and shall be submitted not later than 30 days after the date of the corresponding VLN Supporting Documents Each expense shall be documented by the Agent with original invoices as well as original of any other supporting document (see next Section 5.4 to know how invoices shall be issued), no copies shall be accepted as supporting document unless the documents are issued on an electronic form. However, in case of a given invoice or when a supporting document relates to more than one expense, the original(s) shall be submitted together with the expense bearing the highest percentage of the invoice or document. Copy of that invoice or document shall be attached to the expense(s) accounting for the remaining balance, always indicating on such copy the full references of the expense liquidation in which the original document(s) can be found. Additionally, each expense shall be supported with the following: a) For regular expenses, with a copy of the operational report from the service provider. b) For any additional / exceptional expenses requiring the written approval of the Principal, with a copy of such approval. c) For any expense made upon special instruction from the Principal, a copy of such instruction. The Agent shall assign a sequential number to all invoices and/or supporting documents attached to any expense liquidation, and sort the documents in increasing order. Such numbers shall be clearly indicated in the upper right corner of each invoice Invoicing Guidelines Owners Expenses The Agent shall arrange for the invoices to be addressed in the following order of preference subject to any legal or tax restriction that may prevent the use of the preferred alternative: a) To the Principal, for account of the Master or Owner: Principal s Name For account of the Master / Owner of the M/V [ ] Principal s Address Principal s City / Country CSAV

38 AGENCY MANUAL February 2016 b) To the Agent, who shall re-invoice the Principal enclosing the invoice(s) received in his name, with the same details mentioned in a): Invoice received Re-invoiced Agency s Name Principal s Name Agency s Address For account of the Master / Owner of the M/V [ ] Agency s City / Country Principal s Address Principal s City / Country c) Invoice reception and acceptance: 1) Invoices shall be sent to the ginvoiceprov@csav.com., Only invoices and/or liquidations with respective supports shall be processes for payment. On this way we can distribute the information quickly and effective 2) In order not to delay validation and payment process liquidation or invoice shall contain the following information: a) Vessel name / Voyage / NB or SB b) Purchase order number (PO) associated to the services. The number shall be requested to the CSAV HQ operations department (ss.accounts@csav.com). 3) For the agencies: weekly, on Monday, agencies shall send via all invoices received during the last week plus the control file (SOA Format) Tax Refunds The Agent shall keep the Principal s Payables Area duly informed about any possibility that may exist to recover any tax or duty charged in relation to operational expenses or any tax over profits or freights incurred in the Agent s territory, and advise the Principal about any condition or regulation to fulfil, in order to maximise such recovery. For any operational expense handled by or through the Agent, or if so requested by the Principal, for any expense invoiced directly to the Principal, the Agent shall file the relevant application or tax return form on behalf of the Principal or if the Principal s signature is required, fill in such form or application and send the same to the Principal s Payables Area for signature. The Agent shall follow-up the tax refund procedure until recovery is produced and report to the Principal accordingly. 5.5 Weekly Statement of Account (SOA) All agencies must send the SOA every Monday of each week (or first working day of every week), with the following considerations: CSAV

39 AGENCY MANUAL February 2016 All payments from Customers collected on the past week informed in WFR the previous working day. Expenses Liquidation outstanding of payment by the Principal but already paid by the Agency to Vendors, commission and other expenses invoiced directly by the Agent. Any other outstanding invoiced matters. The Principal s remittances to the Agent. A sample of the SOA Statement of Account can be found under Exhibit 5.2 CSAV

40 AGENCY MANUAL February 2016 Exhibit 1 Abbreviations and Definitions Exhibit 1.1 Abbreviations CN FZ LOI POD POL VLN WFR Correction Note Free Zone Letter of Indemnity Port of Discharge Port of Loading Voyage Expenses Liquidation Weekly Funds Report Exhibit 1.2 Definitions Booking Agent Customer Collecting Agent Correction Note Estimated Expenses Report Freight Collect Freight Prepaid Full Style Issuing Agent The Agent that registers the booking in the Principal s documentation System and confirms it to the Customer. Company or person requesting, contracting or receiving maritime transportation services from the Principal, whether exporter, importer, broker, trader, forwarder, or legal representative of the same, whether that party acts as Shipper, Consignee or Notify Party in respect of a particular cargo. The Agent in charge of collecting the freight, and/or other charges, as appearing in the Bill of Lading or applicable as per Principal s tariff. Document through which Bill of Lading or Sea Waybill amendment requests are processed and authorized. Document through which the Agent informs the Principal of the physical movements of cargo in respect of a vessel s call. Freight and charges shall be paid in full at the Port of Destination, prior to release of the cargo. Freight and charges shall be paid in full at the port of origin, prior loading the cargo. Relevant Agency information and contact agency staff (names, position, telephone number, , address) The Agent that prints the Bill of Lading or Sea Waybill signs it and releases it to the Customer. CSAV

41 AGENCY MANUAL February 2016 Line manager Principal Port of Discharge Agent Port of Loading Agent Processing Agent Traffic Manager Wayport Cargo The person within the Principal s organisation that is responsible to attend and define customer matters for a given geographical route, area or regular service. The party defined in the respective Agency Agreement. The Agent responsible for supervising the arrival of the goods and handling the cargo documentation at the port of discharge, including the formalities related to the delivery of the cargo. The Agent responsible for supervising the departure of the goods and the handling of cargo documentation at the port of loading, including the documental and administrative closings. The Agent that collects and controls the information contained in the Bill of Lading or Sea Waybill, and enters it into the principal s documentation System. For each regular service of the Principal, the person within the Principal s organisation that is responsible (among other things) for the allocation of the space on board to various agencies, and generally for the physical movements of goods and other logistics matters. Any cargo carried between ports within the same geographical area, as defined in the context of a given regular service of the Principal. CSAV

42 AGENCY MANUAL February 2016 Exhibit 2 Cargo Documents Exhibit 2.1 Bill of Lading for Port to Port and Intermodal Shipment Exhibit Bill of Lading Form (Front Page) CSAV

43 AGENCY MANUAL February 2016 Exhibit How to fill in the Bill of Lading Information Boxes 1. SHIPPER (NAME AND FULL ADDRESS): Name and full address of the Shipper, i.e. street, number, postal code, city, country, telephone and fax number. 2. CONSIGNEE (NAME AND FULL ADDRESS): Unless the Bill of Lading is made out to order, it must show the name and full address of the Consignee, i.e. street, number, postal code, city, country, telephone and fax number. 3. NOTIFY (NAME AND FULL ADDRESS): Name and full address of the person or entity that should be notified of the arrival of the cargo, i.e. street, number, postal code, city, country, telephone and fax number. The Notify Party s address and contact details must be in the same country as the port of discharge or (where applicable) the place of final delivery of the cargo. 4. PRECARRIAGE BY (Mode): Used for intermodal transportation. Should record the mode of the pre-carriage prior to the maritime transportation, i.e. by feeder vessel, truck, barge, railway, etc... In the case of a feeder vessel or barge, the name thereof should be included 5. PLACE OF RECEIPT BY PRECARRIER: Used for intermodal transportation. Place where the cargo is received, other than the POL. 6. PORT OF LOADING: Name of the port where the cargo is loaded on board the ocean going vessel. Optionally, the state and country name can be included. 7. OCEAN VESSEL: Name of the vessel carrying the goods from the POL, and if part of a regular service, number of voyage and leg. Where applicable, details of the transhipment vessel shall be registered in the routing Box (see Section 16 below). 8. PORT OF DISCHARGE: Name of the port where the cargo will be discharged from the ocean going vessel. Optionally, the state and country name can be included. In case of transhipment, the last POD should be indicated. 9. PLACE OF DELIVERY BY ONCARRIER: Used for intermodal transportation. Place of final delivery of the cargo, other than the POD. 10. BOOKING NBR: Booking number corresponding to the cargo covered by the Bill of Lading. CSAV

44 AGENCY MANUAL February 2016 The booking identifier is composed of three alphanumeric characters assigned by the Principal for the purpose of identifying the Booking Agent, and seven further alphanumeric characters in free format. Each Agent is free to decide the format or sequence of the second part of the identifier used for each booking, as long as such identifier remains unique for a period of at least three years. For instance, where AGC is the Agency code, the booking identifier can be entered in numeric sequence, i.e., AGC , AGC , AGC , etc. The characters used for the booking identifier can be any figure from 0 to 9 and any letter from A to Z, but only in capital letters. Special characters such as dash, Section, comma, semicolon, colon or others cannot be used. Examples: Valid Identifiers: AGC or AGCVAP0001 or AGC , etc. Invalid Identifiers: AGC-001, AGC 514, AGCvap00001, etc. 11. SERVICE: Code corresponding to the Principal s regular liner service, as listed on the Principal s web page (private area). Examples: for GHEX Service, Code: FESA; for Americas Service, Code LNAM. 12. Bill of Lading NUMBER: The Bill of Lading identifier is composed of three alphanumeric characters assigned by the Principal for the purpose of identifying the Issuing Agent, and six numbers controlled by the Principal. The second part of the Bill of Lading identifier must be in uninterrupted numeric sequence, and should remain unique for a period of at least 7 years. Example: B/L identifier = AGCNNNNNN Where: AGC = Agency identification code. NNNNNN = Six digit number. This number can be preceded by the Standard Carrier Alpha Code (SCAC) according to countries or port authorities requirements, as for example: USA and Korea are asking for this special Carrier code for all their export and import cargoes. Example: B/L identifier = SCACAGCNNNNN Where: SCAC = Standard Carrier Alpha Code. AGC = Agency identification code. NNNNNN = Six digit number. 13. EXPORT REFERENCES: Identification of the kind of export documentation, i.e. purchase order number, requisition number, Shipper export number, dock receipt, etc. or other document identifying the foreign trade operation or the loading of the cargo. 14. FORWARDING AGENT - REFERENCES (NAME AND FULL ADDRESS / FMC): Full name and address of the forwarding Agent. For the United States of America, the registration number with the Federal Maritime Commission (FMC) or other service shall also be submitted. CSAV

45 AGENCY MANUAL February POINT AND COUNTRY OF ORIGIN OF GOODS: If applicable and as requested by Customs or other authorities, place of origin of the goods when different from the Section where the contract of carriage begins. For example, in case a cargo originated in Montreal, Canada, but the maritime transportation was only booked from New York. In this case, the Agent shall indicate in this box: Montreal, Canada. 16. DOMESTIC ROUTING / EXPORT INSTRUCTIONS / ONWARD INLAND ROUTING: If applicable, it shall be filled in according to the freight forwarder or Shipper s information and particulars. Particulars furnished by Shipper 17. MARKS AND NUMBERS: This column shall indicate: a) Marks and numbers of the cargo. b) Vehicle Identification Number (VIN) c) Condition of the cargo. 18. NUMBER OF PKGS/ UNITS : Information on the amount and type of packing, according to the Packages Type list defined by the Principal and available on the Principal s web site (private area). 19. DESCRIPTION OF PACKAGES AND GOODS: Complete description of the goods carried. Generic expressions such as Freight of All Kinds (FAK), General Merchandise or General Goods are prohibited. Particular care shall be taken to include into the body of the Bill of Lading the IMO class and UN code for all classes of dangerous goods. 20. GROSS WEIGHT: Weight of the cargo and its package. The weight informed by the Shipper shall be shown without decimals. 21. MEASUREMENT: Volume of Goods/Merchandise as informed by the Shipper. Should be expressed in cubic meters or cubic feet, without decimal. 22. SHIPPER DECLARED VALUES: Please refer to the procedure for ad valorem Bills of Lading as defined in Section of the Manual. Value of the cargo (Free on Board (FOB) or Cost Insurance and Freight (CIF) or other commercial value), as declared by the Shipper and approved by the Principal. CSAV

46 AGENCY MANUAL February TOTAL No. PACKAGES RECEIVED BY THE CARRIER: Total number of packages received by the Carrier. Freight and Charges 24. FREIGHT RATE, CHARGES, PREPAID, COLLECT: The freight charges box must be filled in the following order: Ocean freight applied to the Bill of Lading. It may have two or more ocean freights, which must be specified separately with its corresponding rates Different surcharges applied to the Bill of Lading. The detail of how the charge is applied / calculated must be indicated, i.e. if it is per unit, per tons, cbm or lump sum, as well as the respective rates Where applicable, Ad-Valorem freight surcharge - please refer to the procedure for ad valorem Bills of Lading as defined in Section of the Manual. 25. TOTAL: Sum of the ocean freight(s) plus all surcharges, per currency used in the Bill of Lading. For example: Total: Usd ,00 BRC. 320,00 EUR. 45, PAYABLE AT: Code of the Collecting Agent for each ocean freight or surcharge. Examples: Mia/Sai with freight payable at Santiago, Chile, you must inform the Santiago Agency code. Ham/Sts with freight payable at Hong Kong, you must inform the Hong Kong Agency code. 27. PLACE / DATE ISSUED: Place and date of issuance of the Bill of Lading see Section of the Manual. 28. BY: AS AGENTS ONLY FOR THE CARRIER: Name of the Agent signing the Bill of Lading, and signature of an authorised person see Section of the Manual. 29. NUMBER FOLIO: Principal s internal folio number used for control purpose. 30. VERSION: Month/Years (mm/yyyy): Principal s Bill of Lading internal version format number. Corresponds to the month and year of the corresponding version of the blank form. CSAV

47 AGENCY MANUAL February 2016 Exhibit Appendix to Bill of Lading Form BILL OF LADING FOR PORT TO PORT AND INTERMODAL SHIPMENT Appendix to Bill of Lading Number Issued at, Date [Legal Carrier's name] as Carrier By. As Agents only for the Carrier VERSION MM/YYYY FOLIO NBR.: CSAV

48 AGENCY MANUAL February 2016 Exhibit How to fill in the Appendix to Bill of lading The Bill of Lading Appendix shall bear the original Bill of Lading number and the same information related to the place and date of issuance of the Bill of Lading. In addition, the Bill of Lading Appendix must state the name of the Agent signing the document, and be signed by the same authorised person as the one signing the Bill of Lading. CSAV

49 AGENCY MANUAL February 2016 Exhibit 2.3 Sea Waybill Exhibit Sea Waybill Form Exhibit How to fill in the Sea Waybill The same instructions as defined in Exhibit for the Bill of Lading apply to the Sea Waybill form. In addition, the Agent s attention is drawn to the special characteristics of Sea Waybills as outlined in Sections and of the Manual. CSAV

50 AGENCY MANUAL February 2016 Exhibit 2.4 CONGEN Bill of Lading Exhibit CONGENBILL Form CSAV

51 AGENCY MANUAL January 2007 Edition CSAV

52 AGENCY MANUAL January 2007 Edition Exhibit Authorisation to sign Bills of Lading AUTHORISATION TO SIGN BILLS OF LADING ON MASTER S BEHALF Date:.. /.. / 20.. Name of Vessel:. Flag:. Port of Loading:. Name of Agent:. Dear Sirs, I hereby authorise you to sign Bills of Lading on my behalf for all cargo loaded on my vessel at the above port, always in accordance with Mate s Receipts and without prejudice to the terms and conditions of the governing charter party. Yours faithfully, Name of Master:. [Master s signature] + [ship s stamp] CSAV

53 AGENCY MANUAL January 2007 Edition Exhibit 2.5 Shipper s Instruction to send Original Bills of Lading [Insert full name and address of the Principal r] [Insert Place and Date] Dear Sirs, Re: 3/3 Original Bills of Lading Nos. dated [number and date of all Bills of Lading ] In our capacity as Shippers of the cargo covered under the above Bill(s) of Lading, we hereby instruct you to send the 3/3 Original Bills of Lading by [insert means of sending, e.g. courier, etc.] to the following address: [insert address], to the attention of [insert name of addressee]. In consideration for your complying with our above instruction, we hereby agree to bear all costs, expenses and risks of such sending, and further agree that for all legal purposes the sending as aforesaid will constitute proper delivery to us of the documents, without any responsibility from your part, as from the time they leave your offices. Yours faithfully. [Shipper s signature and title] CSAV

54 AGENCY MANUAL January 2007 Edition Exhibit 2.6 Correction Note Exhibit Correction Note Form CSAV

55 AGENCY MANUAL January 2007 Edition Exhibit How to fill in the Correction Note a) Each Correction Note must have a unique number assigned in uninterrupted numeric sequence, according to the following numbering system: AGENT CODE: 3 DIGITS YEAR OF ISSUANCE: 4 DIGITS ANNUAL CORRELATIVE NUMBER: 5 DIGITS, STARTING FROM Example: K1A b) In the field "Reason for Correction", the cause for correction shall be clearly recorded, making reference to the document (tariff, written instruction, etc.) in support of the correction. This support documentation shall be filed in the Agency for future auditing purposes. The field, Reason for Correction, shall also specify from which party the correction originates, i.e. whether it was a clerical error by the Agent, upon the Shipper s request or the Principal s request. c) In the case of a Correction Note modifying the description of the merchandise, the dimensions or weight of the cargo, all documents in support of the modifications shall be kept by the Agent. d) The field presently reads of the Correction Note shall indicate the complete and original information that will be corrected, while the field should read shall indicated the corrected information. e) In the case of a Correction Note modifying the freight and/or the surcharges, the currency shall be clearly stated, as well as the place and method of payment, and the code of the Agent responsible for collecting such freight and/or surcharges. CSAV

56 AGENCY MANUAL January 2007 Edition Exhibit 2.7 Cargo Manifest Exhibit Cargo Manifest Form Exhibit How to fill in the Cargo Manifest The Cargo Manifest must be filled in with the same information as the Bill of Lading or the Sea Waybill. CSAV

57 AGENCY MANUAL January 2007 Edition Exhibit 2.8 Freight Manifest Exhibit Freight Manifest Form Exhibit How to Fill in the Freight Manifest The Freight Manifest must be filled in with the same information as the Bill of Lading or the Sea Waybill. CSAV

58 AGENCY MANUAL January 2007 Edition Exhibit 2.9 Summary of Freight Manifest Exhibit Summary Freight Manifest Form Exhibit How to fill in the Summary Freight Manifest The Summary Freight Manifest must be filled in with the same information as the Bill of Lading or the Sea Waybill. CSAV

59 AGENCY MANUAL January 2007 Edition Exhibit 3 Delivery of Cargo Exhibit 3.1 Transferability and Endorsement: Summary Who should endorse the Bill of Lading? a) If the Bill of Lading is consigned "To order : To be transferred, the Bill of Lading should be endorsed by the Shipper (and by any named endorsee, if such endorsee wishes to transfer the Bill of Lading to another endorsee see below). b) If the Bill of Lading is consigned "To the order of XYZ or to XYZ or order : To be transferred, the Bill of Lading should be endorsed by XYZ (and by any named endorsee, if such endorsee wishes to transfer the Bill of Lading to another endorsee see below). c) If the Bill of Lading is consigned as nominative, i.e. if the Consignee box reads XYZ, without any qualification such as "To order, "To the order of XYZ or XYZ or order (such document is sometimes called a straight consigned or straight Bill of Lading): The Bill of Lading is not transferable, and should not be endorsed (any endorsement would be invalid and without effect). Who is entitled to take delivery of the goods? a) Provided a Bill of Lading consigned "To order has been endorsed in blank by the Shipper, or Provided a Bill of Lading consigned or endorsed "To the order of XYZ or to XYZ or order has been endorsed in blank by XYZ: It is a bearer document, entitling whoever presents at least one original Bill of Lading to take delivery of the goods. b) If an order Bill of Lading (i.e. consigned "To order, "To the order of XYZ or to XYZ or order ) has been endorsed to a named endorsee: The named endorsee is entitled to take delivery of the goods against presentation of at least one original Bill of Lading. The named endorsee can also re-endorse the Bill of Lading, either in blank (in which case it becomes a bearer document) or to another named endorsee (who shall be entitled to take delivery of the goods against presentation of at least one original Bill of Lading, or further endorse the document) but in each case for a named endorsee to be entitled to further endorse the document, the endorsement to that endorsee must include the words to the order of [named endorsee] or [named endorsee] or order. A document endorsed only to [named endorsee] may not be further endorsed by that endorsee. CSAV

60 AGENCY MANUAL January 2007 Edition c) If the Bill of Lading is consigned as nominative (i.e. To a named Consignee, without any qualification such as "To order, "To the order of XYZ or XYZ or order ): Only the named Consignee is entitled to take delivery of the goods against presentation of at least one original Bill of Lading. Exhibit 3.2 Letter of Indemnity to be given in return for delivering cargo at a port other than that stated in the Bill of Lading [insert date ] To : [insert name of Owners] The Owners of the [insert name of ship ] [insert address] Dear Sirs, Ship: [insert name of ship ] Voyage: [insert load and discharge ports as stated in the bill of lading] Cargo: [insert description of cargo] Bill of lading: [insert identification number, date and place of issue] The above cargo was shipped on the above ship by [insert name of Shipper] and consigned to [insert name of Consignee or party to whose order the bill of lading is made out, as appropriate] for delivery at the port of [insert name of discharge port stated in the bill of lading] but we, [insert name of party requesting substituted delivery], hereby request you to order the ship to proceed to and deliver the said cargo at [insert name of substitute port or place of delivery] against production of at least one original bill of lading. In consideration of your complying with our above request, we hereby agree as follows: 1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of the ship proceeding and giving delivery of the cargo against production of at least one original bill of lading in accordance with our request. 2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the ship proceeding and giving delivery of the cargo as aforesaid, to provide you or them on demand with sufficient funds to defend the same. 3. If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship s registry or otherwise howsoever), to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified. CSAV

61 AGENCY MANUAL January 2007 Edition 4. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. 5. This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England. Yours faithfully, For and on behalf of [insert name of Requestor] The Requestor Signature CSAV

62 AGENCY MANUAL January 2007 Edition Exhibit 3.3 Letter of Indemnity to be given in return for delivering cargo without production of the original Bill of Lading incorporating a Bank s agreement to join in the Letter of Indemnity [insert date] To : [insert name of Owners] The Owners of the [insert name of ship ] [insert address] Dear Sirs, Ship: [insert name of ship ] Voyage: [insert load and discharge ports as stated in the bill of lading] Cargo: [insert description of cargo] Bill of lading: [insert identification numbers, date and place of issue] The above cargo was shipped on the above ship by [insert name of Shipper] and consigned to [insert name of Consignee or party to whose order the bill of lading is made out, as appropriate ] for delivery at the port of [insert name of discharge port stated in the bill of lading] but the bill of lading has not arrived and we, [insert name of party requesting delivery], hereby request you to deliver the said cargo to [insert name of party to whom delivery is to be made] at [insert place where delivery is to be made] without production of the original bill of lading. In consideration of your complying with our above request, we hereby agree as follows: 1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of delivering the cargo in accordance with our request. 2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the delivery of the cargo as aforesaid, to provide you or them on demand with sufficient funds to defend the same. 3. If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship s registry or otherwise howsoever), to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified. 4. If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery. CSAV

63 AGENCY MANUAL January 2007 Edition 5. As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, or otherwise to cause all original bills of lading to be delivered to you, whereupon our liability hereunder shall cease. 6. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. 7. This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England. Yours faithfully, For and on behalf of [insert name of Requestor] The Requestor Signature We, [insert name of the Bank], hereby agree to join in this Indemnity providing always that the Bank s liability: 1. shall be restricted to payment of specified sums of money demanded in relation to the Indemnity (and shall not extend to the provision of bail or other security). 2. shall be to make payment to you forthwith on your written demand in the form of a signed letter certifying that the amount demanded is a sum due to be paid to you under the terms of the Indemnity and has not been paid to you by the Requestor or is a sum which represents monetary compensation due to you in respect of the failure by the Requestor to fulfil its obligations to you under the Indemnity. For the avoidance of doubt the Bank hereby confirms that: (a) such compensation shall include, but not be limited to, payment of any amount up to the amount stated in proviso 3 below in order to enable you to arrange the provision of security to release the ship (or any other ship in the same or associated ownership, management or control) from arrest or to prevent any such arrest or to prevent any interference in the use or trading of the ship, or other ship as aforesaid, and (b) in the event that the amount of compensation so paid is less than the amount stated in proviso 3 below, the liability of the Bank hereunder shall continue but shall be reduced by the amount of compensation paid. 3. shall be limited to a sum or sums not exceeding in aggregate [insert currency and amount in figures and words] 4. subject to proviso 5 below, shall terminate on [date six years from the date of the Indemnity] (the Termination Date ), except in respect of any demands for payment received by the Bank hereunder at the address indicated below on or before that date. CSAV

64 AGENCY MANUAL January 2007 Edition 5. shall be extended at your request from time to time for a period of two calendar years at a time provided that: a) the Bank shall receive a written notice signed by you and stating that the Indemnity is required by you to remain in force for a further period of two years, and b) such notice is received by the Bank at the address indicated below on or before the then current Termination Date. Any such extension shall be for a period of two years from the then current Termination Date and, should the Bank for any reason be unwilling to extend the Termination Date, the Bank shall discharge its liability by the payment to you of the maximum sum payable hereunder (or such lesser sum as you may require). However, in the event of the Bank receiving a written notice signed by you, on or before the then current Termination Date, stating that legal proceedings have been commenced against you as a result of your having delivered the said cargo as specified in the Indemnity, the Bank agrees that its liability hereunder will not terminate until receipt by the Bank of your signed written notice stating that all legal proceedings have been concluded and that any sum or sums payable to you by the Requestor and/or the Bank in connection therewith have been paid and received in full and final settlement of all liabilities arising under the Indemnity. 6. shall be governed by and construed in accordance with the law governing the Indemnity and the Bank agrees to submit to the jurisdiction of the court stated within the Indemnity. It should be understood that, where appropriate, the Bank will only produce and deliver to you all original bills of lading should the same come into the Bank s possession, but the Bank agrees that, in that event, it shall do so. The Bank agrees to promptly notify you in the event of any change in the full details of the office to which any demand or notice is to be addressed and which is stated below and it is agreed that you shall also promptly notify the Bank in the event of any change in your address as stated above. Please quote the Bank s Indemnity Ref in all correspondence with the Bank and any demands for payment and notices hereunder. Yours faithfully For and on behalf of [insert name of bank] [insert full details of the office to which any demand or notice is to be addressed]. Signature CSAV

65 AGENCY MANUAL January 2007 Edition Exhibit 3.4 Letter of Indemnity to be given in return for delivering cargo at a port other than that stated in the Bill of Lading and without production of the original bill of Lading incorporating a Bank s agreement to join in the Letter of Indemnity [insert date ] To : [insert name of Owners] The Owners of the [insert name of ship] [insert address] Dear Sirs, Ship: [insert name of ship ] Voyage: [insert load and discharge ports as stated in the bill of lading] Cargo: [insert description of cargo] Bill of lading: [insert identification number, date and place of issue] The above cargo was shipped on the above vessel by [insert name of Shipper] and consigned to [insert name of Consignee or party to whose order the bills of lading are made out, as appropriate] for delivery at the port of [insert name of discharge port stated in the bills of lading] but we, [insert name of party requesting substituted delivery], hereby request you to order the vessel to proceed to and deliver the said cargo at [insert name of substitute port or place of delivery] to [insert name of party to whom delivery is to be made] without production of the original bill of lading. In consideration of your complying with our above request, we hereby agree as follows: 1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of the ship proceeding and giving delivery of the cargo in accordance with our request. 2. In the event of any proceedings being commenced against you or any of your servants or agents in connection with the ship proceeding and giving delivery of the cargo as aforesaid, to provide you or them on demand with sufficient funds to defend the same. 3. If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same or associated ownership, management or control, should be arrested or detained or should the arrest or detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether by virtue of a caveat being entered on the ship s registry or otherwise howsoever), to provide on demand such bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship or property or to remove such interference and to indemnify you in respect of any liability, loss, damage or expense caused by such arrest or detention or threatened arrest or detention or such interference, whether or not such arrest or detention or threatened arrest or detention or such interference may be justified. CSAV

66 AGENCY MANUAL January 2007 Edition 4. If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery to the party to whom we have requested you to make such delivery. 5. As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the same to you, or otherwise to cause all original bills of lading to be delivered to you. 6. The liability of each and every person under this indemnity shall be joint and several and shall not be conditional upon your proceeding first against any person, whether or not such person is party to or liable under this indemnity. 7. This indemnity shall be governed by and construed in accordance with English law and each and every person liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England. Yours faithfully, For and on behalf of [insert name of Requestor] The Requestor Signature We, [insert name of the Bank], hereby agree to join in this Indemnity providing always that the Bank s liability: 1. shall be restricted to payment of specified sums of money demanded in relation to the Indemnity (and shall not extend to the provision of bail or other security) 2. shall be to make payment to you forthwith on your written demand in the form of a signed letter certifying that the amount demanded is a sum due to be paid to you under the terms of the Indemnity and has not been paid to you by the Requestor or is a sum which represents monetary compensation due to you in respect of the failure by the Requestor to fulfil its obligations to you under the Indemnity. For the avoidance of doubt the Bank hereby confirms that: (a) such compensation shall include, but not be limited to, payment of any amount up to the amount stated in proviso 3 below in order to enable you to arrange the provision of security to release the ship (or any other ship in the same or associated ownership, management or control) from arrest or to prevent any such arrest or to prevent any interference in the use or trading of the ship, or other ship as aforesaid, and (b) in the event that the amount of compensation so paid is less than the amount stated in proviso 3 below, the liability of the Bank hereunder shall continue but shall be reduced by the amount of compensation paid. 3. shall be limited to a sum or sums not exceeding in aggregate [insert currency and amount in figures and words] CSAV

67 AGENCY MANUAL January 2007 Edition 4. subject to proviso 5 below, shall terminate on [date six years from the date of the Indemnity] (the Termination Date ), except in respect of any demands for payment received by the Bank hereunder at the address indicated below on or before that date. 5. shall be extended at your request from time to time for a period of two calendar years at a time provided that: a) the Bank shall receive a written notice signed by you and stating that the Indemnity is required by you to remain in force for a further period of two years, and b) such notice is received by the Bank at the address indicated below on or before the then current Termination Date. Any such extension shall be for a period of two years from the then current Termination Date and, should the Bank for any reason be unwilling to extend the Termination Date, the Bank shall discharge its liability by the payment to you of the maximum sum payable hereunder (or such lesser sum as you may require). However, in the event of the Bank receiving a written notice signed by you, on or before the then current Termination Date, stating that legal proceedings have been commenced against you as a result of your having delivered the said cargo as specified in the Indemnity, the Bank agrees that its liability hereunder will not terminate until receipt by the Bank of your signed written notice stating that all legal proceedings have been concluded and that any sum or sums payable to you by the Requestor and/or the Bank in connection therewith have been paid and received in full and final settlement of all liabilities arising under the Indemnity. 6. shall be governed by and construed in accordance with the law governing the Indemnity and the Bank agrees to submit to the jurisdiction of the court stated within the Indemnity. It should be understood that, where appropriate, the Bank will only produce and deliver to you all original bills of lading should the same come into the Bank s possession, but the Bank agrees that, in that event, it shall do so. The Bank agrees to promptly notify you in the event of any change in the full details of the office to which any demand or notice is to be addressed and which is stated below and it is agreed that you shall also promptly notify the Bank in the event of any change in your address as stated above. Please quote the Bank s Indemnity Ref in all correspondence with the Bank and any demands for payment and notices hereunder. Yours faithfully For and on behalf of [insert name of bank] [insert full details of the office to which any demand or notice is to be addressed]. Signature CSAV

68 AGENCY MANUAL January 2007 Edition Exhibit 3.5 Request from the Consignee for the issuance of a fourth original Bill of Lading for Customs purpose [insert place and date] To: [insert name of Carrier] Re: M/V "[insert name of Vessel]" - voyage N [insert voyage number] B/L dd. [insert date of Bill of Lading] N [insert Bill of Lading number] from [insert Port of Loading or Place of Receipt] to [insert Port of Discharge or Place of Final Delivery] for [insert description of the goods] The above cargo was shipped under bills of lading dated [insert date of Bill of Lading] showing "[insert name of Shipper]" as Shipper and "[insert name of Consignee]" as Consignee, but none of the three original of said Bills of Lading are available for presentation at the port of discharge or place of final delivery (as the case may be). In consideration for your accepting to issue a fourth original Bill of Lading in identical terms, which we undertake to use exclusively for the purpose of complying with Customs and other import formalities, we, [insert name of Consignee], hereby irrevocably and unconditionally: 1. Agree to indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss, damage or expense of whatsoever nature which you may sustain by reason of issuing a fourth original Bill of Lading in accordance with our request. 2. Waive any right which we may have in respect of the first set of original Bills of Lading, and confirm that we shall not make any claim against any party in respect of the said bills of lading. 3. Undertake to comply with any formality and produce any document or evidence which yourselves or your agent at the discharge port may reasonably require in order to confirm that we are effectively the party entitled to delivery of the goods carried under the above Bills of Lading. We further undertake that should any of the above original Bills of Lading come into our possession at any time, we shall immediately deliver the same to you. This undertaking shall be governed by and construed in accordance with English law and we shall at your request submit to the jurisdiction of the High Court of Justice of England. Yours faithfully. [insert full name and address of the Consignee] [Consignee s authorised signature] CSAV

69 AGENCY MANUAL January 2007 Edition Exhibit 3.6 Undelivered Cargoes Exhibit Notification to Consignee The following notification shall be sent to the Notify Party as well as to the Consignee (provided the same has been identified) and to the Shipper, by registered mail with an advance copy to be sent by any rapid means of communication, or delivered by hand, the Agent keeping a copy signed for acknowledgement of receipt. A breakdown of all outstanding freight and charges and of any cost or expenses incurred, as well as a copy of any unsettled invoice shall be attached to the letter. A copy of the letter and of all attachments shall be sent to the Principal as well as to the Port of Loading Agent, or where applicable the Agent at the place of receipt of the goods, and (if different from the Port or Loading / place of receipt Agent) to the Booking Agent. BY REGISTERED MAIL [Insert Date] From : [Insert name and address of the Agency] To : [Insert name and address Notify Party] [Insert name and address of Consignee] [Insert name and address of Shipper] Dear Sirs, Re: Vessel [insert name of carrying vessel and voyage number] Cargo [Insert description of the cargo] From [Insert port of loading] To [Insert port of discharge] Bill of Lading [if applicable: Sea Waybill] [Insert number, date and place of issue] We refer to our previous messages regarding the captioned matter, resting with our [as applicable: fax, or letter] dated [insert dates of the last three communications]. The above goods was carried by [insert name of Principal] under the above mentioned Bill of Lading [if applicable: Sea Waybill] and arrived at [insert place where the goods is kept] on [insert date of arrival of the cargo at the port of discharge or the place of final delivery], but nobody has turned up to take delivery of them despite our repeated requests. In the circumstances, we hereby put you on formal notice that unless the goods is collected and all outstanding freight and charges are paid within seven days [for reefer cargoes or perishable goods: five days], i.e. until [insert date corresponding to the date of the letter plus seven / five running days], [insert name of Principal] reserves its right to accept the failure to take delivery of the goods CSAV

70 AGENCY MANUAL January 2007 Edition and to pay the outstanding freight and/or charges as a repudiation of the contract of carriage and as an act of abandonment of the goods by the Shipper and/or Consignee [for Bills of Lading only: and/or by any lawful holder of the Bill of Lading]. Please note that unless payment and delivery take place within seven days [for reefer cargoes or perishable goods: five days] as indicated above, [insert name of Principal] may consider itself discharged of any further obligation under the Bill of Lading [if applicable: Sea Waybill] and use its right to return the goods to the loading port at the risk and expense of the Merchant, and/or to auction them and settle with the proceeds of the sale any outstanding freight and/or charges as well as any cost or expenses incurred, without prejudice to the Merchant s obligation to pay any sum that may remain due in excess of the amount of such proceeds. You will find attached a breakdown of all outstanding freight and charges, as well as of the cost and expenses incurred to date. We strongly recommend that you contact us immediately at the following telephone numbers [insert telephone number of person in charge within the Agency, including mobile phone or AOH number], so that this matter can be resolved before the deadline stated above. Looking forward to hearing from you as a matter of extreme urgency, we remain, Yours faithfully. [Agents signature] CSAV

71 AGENCY MANUAL January 2007 Edition Exhibit Notification to Principal The following form shall be filled in completely and sent to the Principal 30 days after expiry of the free time at the port of discharge, terminal or place of final delivery see Section 3.9 of the Manual. All fields are compulsory. 1. Ocean vessel + voyage No. 2. Feeder vessel + voyage No. 3. Port of loading 4. Port of discharge / place of final delivery 5. Date of discharge / Arrival at place of final delivery 6. Current location of the cargo 7. Date of Notice of Arrival 8. No. and date of Principal s B/L or SWB 9. Details of the party in possession of the original B/Ls 10. Description of the cargo 11. Estimated value of the cargo (in USD) 12. Reason for abandonment of the goods 13. Outstanding costs and expenses 14. Has the freight been paid? Yes / No 15. Date of notification to Consignee / Shipper that the cargo will be considered abandoned and may be auctioned 16. According to local regulations, the Carrier may exercise a lien on the Cargo 17. Local Customs may confiscate uncleared cargo after... Days 18. Remarks Yes / No CSAV

72 AGENCY MANUAL January 2007 Edition Exhibit 4 Receivables Forms Exhibit 4.1 Remittance Advice Form Exhibit Agency Remittance Advice Form AGENCY REMITTANCE ADVICE Date : From To Reference: Remittance for Week : (Agent & Location) : Principal's Name (WFR No.). WFR Amount : Funds Remitted : Remarks (if any) : Remitted to your Account number : Bank : Beneficiary : Principal's Name Swift Code : ABA : Currency/Amount : Value date : From our Bank : (Name of the Bank) : (Address of the Bank) Transfer Number : Internal Agency Reference : Initials of remitting party : (Initial of person in charge at the Agency) CSAV

73 AGENCY MANUAL January 2007 Edition Exhibit Customer Remittance Advice Form CUSTOMER REMITTANCE ADVICE Date : From To Reference: BL number Bill of Leading Amount : (Customer & Location) : Principal's Name (Provide the Bill of Leading number For each document) : (Provide the amount for each document) Funds Remitted : Remarks (if any) : Remitted to your Account number : Bank : Beneficiary : Principal's Name Swift Code : ABA : Currency/Amount : Value date : From our Bank : (Name of the Bank) : (Address of the Bank) Transfer Number : Internal Cutomer Reference : Remitting party : (Person in charge at the Customer's office) CSAV

74 AGENCY MANUAL January 2007 Edition Exhibit 4.2 Weekly Fund Report Exhibit Weekly Fund Report Form CSAV

75 AGENCY MANUAL January 2007 Edition Exhibit How to fill in the Weekly Fund Report File Specifications. The following file description will be the WFR format sent by the Agent: Header: Purpose : Transaction set header. Partner, type of message, week, version and control fields. Requirement : Mandatory. Usage : Min 1/WFR - Max 1/WFR Fl Position Field Type Observations T d Char(1) Blank x M 'WFR' Char(3) Identifier (write 'WFR') M WEEK Num(3) Week number M Char(2) Not used AGCD Char(3) Agent code M AGNM Char(20) Agent name O DATE Char(8) Date of transmission (yyyymmdd) O RECS Num(5) Transmitted data records M YYMM Num(6) Period (YYYYMM) M CARR Char(4) Carrier code M DCDT Num(8) Document Date M Char(4) Not used SCFG Char(1) Flag. Y= File controlled by sequence. O SCNR Num(6) Sequence unique number for WFR file. C Char(4) Not used VERS Num(2) Version (write '31') M LINK Char(4) Version (only for files by Link). C Detail: Purpose : Details of Weekly Funds Report. Requirement : Mandatory. Usage : Min 1/Transaction - Max 1/Transaction Fl Position Field Type Observations T d 'W1' Char(2) Identifier x M TYPE Char(3) Transaction code M Char(5) Not used C BLNO Char(9) Bill of Lading number C ORIG Char(5) Origin port code C LOAD Char(5) Loading port code C DISC Char(5) Discharge port code C DEST Char(5) Destination port code C VESS Char(3) Vessel code C VOYG Num(4) Voyage number C CSAV

76 AGENCY MANUAL January 2007 Edition LEG Char(1) Leg C DATE Char(8) Date of transaction (yyyymmdd) M ORCY Char(3) Original currency M ORAM Num(12) Original amount. Format 9(10)v9(2) M FNCY Char(3) Final currency. Format 9(10)v9(2) M FNAM Num(12) Final amount M FCNO Num(6) Correction number C Complementary Details Purpose : Complementary details of Weekly Funds Report. Requirement : Conditional. Usage : Min 1/Transaction - Max 1/Transaction Fl Position Field Type Observations T d 'W2' Char(2) Identifier x M CODE Char(3) Transaction code M GNRL Char(15) General purposes field (see notes in ) C CCAC Char(15) Current account number for DPB, Retention Concept for CTE (see notes in ) REMK Char(40) Remarks O C The following table shows the WFR Codes and its descriptions: CODE Description FTR Freight Collection FCN Freight Correction (Collected or OIN Paid) Other Incomes CTE Retentions DPB Deposits in Principal Bank Account TIN Total Inputs in original currencies TOI Total Inputs In collected currencies REM Remarks Notes The transmission file contains two additional summary transactions: TIN: Total incomes by currency pairs (original/collected) TOI: Total incomes by final currencies. For Other Incomes (OIN), the invoice number shall be stated in the column Bill of Lading. Necessary Data to Weekly Fund Report Codes. According to transaction code, the fields must be filled as: FIELD FTR FCN CTN OIN CTE DPB TIN TOI TYPE M M M M M M M M BLNO M M O ORIG O O LOAD O O O CSAV

77 AGENCY MANUAL January 2007 Edition DISC O O M DEST O O VESS O O M O O VOYG O O M O O LEG O O M O O DATE M M M M M M ORCY M M M M M M M ORAM M M M M M M M FNCY M M M M M M M M FNAM M M M M M M M M FCNO M GNRL (1) (2) (3) (4) CCAC (5) (6) M: Mandatory O: Optional Notes: (1): Reference or Description (2): Document Number (3): Bank Code (4): Retention Concepts: FREIGHT: Freight Commission OTHER: Other Retentions. (5): Bank Account CSAV

78 AGENCY MANUAL January 2007 Edition Exhibit 5 Payables Forms Exhibit 5.1 Voyage Expenses Liquidation (VLN) Exhibit Voyage Liquidation Form Exhibit How to fill in Voyage Expenses Liquidation 1 Agency Name: Agency name. 2 Liquidation Number: Unique Identification Number to be assigned by the Agent, which can be a combination of Characters and Numbers (Main Voyage Liquidation). 3 Liquidation Date: Date on which the Agent issues the Liquidation (dd-mm-yyyy) 4 Currency Name & Code: Currency in which the Agent reports the liquidation. 5 Rate of Exchange (at departure) ($ per USD): In case liquidation is not reported in USD. 6 Payment Amount: Total amount reported by the Agency. 7 Code: Code assigned by the Principal. 8 Vessel Name & Code: Vessel Name and Unique Vessel code assigned by the Principal. 9 Voyage Number / Leg: Unique voyage and Leg number for arrival in respect of which the liquidation is issued. 10 Port Name and City: Port name and city. 11 Sailing Date: Sailing date of the Vessel from the Port. (dd-mm-yyyy). 12 Month & Year: Period (month and year) during which the services were rendered (mm-yy). 13 Carrier : if service corresponds to Car Carrier 14 Advance Amount: Refers to money advances requested for the expenses CSAV

79 AGENCY MANUAL January 2007 Edition 15 Advance date: date of remittance Remarks: the same format for reporting: Direct to Bills; Commissions; Owners Costs, Fees / other expenses without purchase order, shall be used. CSAV

80 AGENCY MANUAL January 2007 Edition Exhibit 5.2 Weekly Statement of Account (SOA) Form CSAV