Sea-Land Service, Inc. v. United States

553 F.2d 651, 23 Cont. Cas. Fed. 81,248, 213 Ct. Cl. 555, 1977 A.M.C. 1063, 1977 U.S. Ct. Cl. LEXIS 34
CourtUnited States Court of Claims
DecidedApril 20, 1977
DocketNo. 331-72
StatusPublished
Cited by37 cases

This text of 553 F.2d 651 (Sea-Land Service, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sea-Land Service, Inc. v. United States, 553 F.2d 651, 23 Cont. Cas. Fed. 81,248, 213 Ct. Cl. 555, 1977 A.M.C. 1063, 1977 U.S. Ct. Cl. LEXIS 34 (cc 1977).

Opinion

Skelton, Judge,

delivered the opinion of the court;

The plaintiff, Sea-Land Service, Inc. (Sea-Land) a common carrier by water within the Shipping Act, 1916, 46 U.S.C. § 801, et seq., entered into Contract N0003371CA1464 with the Military Sea Transportation Service (now Military Sealift Command (MSQ), of the Department of the Navy, effective July 1, 1970, and extending one year to June 30, 1971, for the transportation of containerized cargo between the United States and various foreign ports. The contract was drafted by the United States and was filed by Sea-Land with the Federal Maritime Commission as a statement of rates, terms, and conditions of the service to be furnished by the plaintiff. The pertinent provisions of the contract were as follows:

[557]*557ARTICLE 1:1 DESCRIPTION OF SERVICES
The Carrier represents that he is a common carrier by water within the meaning of the Shipping Act of 1916, as amended; that he operates or will inaugurate by the date stated in the STATEMENT OF RATES an established berth service on the trade routes for which rates are quoted in the SCHEDULE OF RATES, and that he maintains on such routes regularly scheduled sailings of United States flag vessels. The Carrier further represents that he offers container service on the above designated routes to the public for the carriage of commodities having the general shipping characteristics of those for which service may be performed under this Agreement.... The term 'Container Service’ as used in this Agreement means the movement of cargo in Carrier or Government-furnished containers and the transportation of Government containers, on regularly scheduled vessel sailings for the general public at duly published rates, terms and conditions. In carrying cargoes for the Government in containers in any of his scheduled vessels as provided in this Agreement, the Carrier shall carry as a common carrier.
ARTICLE 1:2 TERMS OF CONTRACTUAL RELATIONSHIP
(a) The purpose of this Agreement is to establish the terms under which the Carrier offers to accomplish the transportation in containers of such lawful cargo ... as may be tendered, from time to time by the Government for carriage under the Agreement. When transportation services are ordered under this Agreement, a Shipping Order substantially in the form attached hereto as Appendix A . . . will be issued by the Government. The Government will also prepare all necessary papers including vessel papers or manifests listing the cargo stowed in containers aboard the vessel and such will be receipted for by the Carrier or his agent. Such papers, including vessel papers or manifests, shall be evidence of ownership and together with the Shipping Order constitute the contract of carriage, and all the terms of this Agreement shall be deemed as incorporated therein as part thereof ....
(e) Nothing in this Agreement shall be construed as restricting competition in any manner or as precluding the Government from obtaining transportation from the Carrier on the routes covered herein under the published [558]*558tariffs of the Carrier that are available to the public, provided goods to be so carried shall be tendered in accordance with the terms and conditions of those tariffs and for carriage under a standard form of Government Bill of Lading ....
ARTICLE 1:3 COMPENSATION
Compensation for carriage of goods under this Agreement shall be in accordance with the SCHEDULE OF RATES ....
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ARTICLE 1:5 SCOPE OF SERVICE
(a) The Carrier shall furnish the following services for which rates are published in the SCHEDULE OF RATES.
(i) BASIC SERVICE: The Carrier’s basic service for which he shall be paid at the basic rates set forth in the SCHEDULE OF RATES shall consist of furnishing a clean empty container on a trailer to the Government at his terminal; receiving and handling the stuffed container at his loading terminal; loading and transporting the container in his vessel; discharging and handling the container at his receiving terminal; furnishing the container on a trailer; and paying all port charges occurring against the container and its contents except charges measured by the volume, weight or value of the cargo.
(ii) DRAYAGE SERVICE: The Carrier’s drayage service for which he will be paid at the drayage rates set forth in the SCHEDULE OF RATES ....
(iii) STOP-OFF SERVICE: The Carrier’s stop-off service for which he shall be paid at the stop-off rates set forth in the SCHEDULE OF RATES ....
(iv) STUFFING SERVICE: The Carrier’s stuffing service for which he shall be paid at the stuffing rates set forth in the SCHEDULE OF RATES ....
(v) TEMPERATURE RECORDING SERVICE: The Carrier’s temperature recording service for which he shall be paid at the temperature recorder rate set forth in the SCHEDULE OF RATES shall consist of furnishing a continuous temperature recording instrument in each refrigerated container when so requested by the Contracting Officer at the time the container is ordered ....
(vi) SUPERCARGO TRANSPORTATION SERVICE: The Carrier’s supercargo transportation service for [559]*559which he shall be paid at the supercargo transportation rate set forth in the SCHEDULE OF RATES ....
(b) Freight shall be computed for each container and shall consist of the sum of all payments due for each of the above services actually furnished in accordance with the orders of the Contracting Officer as set forth in the Shipping Order.
ARTICLE 1:6 GENERAL CONDITIONS OF SERVICE
[This article contained detailed provisions covering miscellaneous activities such as notice to spot, pick up, and remove containers, the use of trailers for moving containers during stuffing, avoidance of areas unsafe for tractors and trailers, delivery of containers at point of discharge, provision of information regarding each container, notice of impending arrival of the vessel, and maintenance of refrigeration for refrigerated containers.]
* * * * *
ARTICLE 1:8 PORT CHARGES
The Carrier shall pay all port charges, canal tolls and similar charges (properly for the account of the vessel) including such charges assessed at Government installations.
ARTICLE 1:9 SCHEDULE OF COST RESPONSIBILITIES
(a) As a means of facilitating the administration of this Agreement, the parties have agreed that certain specific items of cost anticipated as likely to arise in the performance of their respective duties under Articles 1:5, 1:6 and 1:8 shall be listed, and the cost responsibilities of the parties indicated, in a schedule attached hereto as Appendix B . . . and made a part of this Agreement.

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Bluebook (online)
553 F.2d 651, 23 Cont. Cas. Fed. 81,248, 213 Ct. Cl. 555, 1977 A.M.C. 1063, 1977 U.S. Ct. Cl. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sea-land-service-inc-v-united-states-cc-1977.