RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 01SEP2003
| Effective | 01SEP2003 |
|---|---|
| Filed | 01SEP2003 |
| Filing Codes | I |
a. Except as otherwise specifically provided in the Rules
of this Tariff Section or in individual TLIs, rates named
in this Tariff Section applying from, to or through the
U.S. or foreign Ports named in Rules 1.1 and 1.3 do NOT
include lighterage, terminal handling, wharfage, taxes,
duties, dues, customs charges or any other assessorial
charges or assessments which have been established by
custom of the Port, by Port Operators or Authorities or
by national Customs Services (Except as otherwise
provided in Rules 1.2 and 1.4). All such assessorial
charges assessed against the cargo will be for the
account of the Cargo, even if the Carrier is responsible
for the collection thereof.
b.1. TRANSIT SERVICE:
Under its Standard Transit Service Carrier is not
obligated to transport cargo in any particular
container or type of container or equipment (except
as specified in individual TLIs or in conformity with
Rule 16), or via any particular vessel, ocean, water,
rail, motor or air carrier, or in time for any
particular market or otherwise than with due
diligence, reasonable dispatch utilizing any
underlying VOCC's fixed sailing schedule(s). Selection
of underlying or inland Carriers to be utilized for
all or any portion of the through transportation of
cargo shall be at the sole discretion of the Carrier.
2. When specific reference is made hereto, Rates SBJ
hereto apply ONLY when Shipper requests and Carrier
guarantees transportation via a carrier with the
scheduled transit time specified in the provisions
making reference hereto.
c. Carrier reserves the right to load and transport any
single shipment in more than 1 (one) container when
required by governmental regulations, for operation
exigencies or for any other reason whatsoever.
Additionally Carrier reserves the right to effect
whatever splitting or consolidation of cargo it deems
most advantageous in order to make the most efficient
use of its equipment. Further Carrier expressly
reserves the right, at its sole discretion, for any
reason whatsoever and without notice, to transfer cargo
in its possession from 1 (one) container to another, to
transport cargo on more than 1 (one) vessel and/or to
substitute 1 (one) mode of transportation for another at
any point in, or for any portion of, the through
transportation service provided by the Carrier. Any
such transfer, movement or substitution of service shall
be deemed to be within the contract of affreightment and
shall NOT be considered a deviation therefrom.
d. Carrier reserves the right to substitute rail or motor
carrier equipment for ocean carrier equipment during all
or any part of the inland portion of a through
intermodal transportation service provided under this
Tariff Section. Except as otherwise provided in
individual TLIs (and then ONLY at Shipper's option)
substitution of equipment will NOT affect the rates or
charges assessed for transportation service, NOR shall
it affect the Carrier's liability or responsibilities to
the Shipper or Consignee. Transfer, loading or other
charges incurred for such substituted equipment service
shall NOT be assessed against either the cargo, the
Shipper or the Consignee, but shall be paid by the
Carrier.
e. Except when advertising matter and premiums are shipped
in the same package with the commodity it advertises,
any package containing more than 1 (one) commodity will
be rated on the basis of the highest rated article in
the package.
f. Rates named in this Tariff Section apply ONLY to the
specific commodity(s) named and CANNOT be applied to
analogous commodities. Further, unless a rate
specifically names a particular commodity, the Generic,
N.O.S. or Cargo, N.O.S. rate will apply.
g. The rates named in each specific TLI (Rate Item) of this
Tariff Section apply on straight or mixed shipments of
the commodities named therein unless otherwise
specifically restricted. When mixed shipments contain
commodities SBJ to rates named in more than 1 (one) TLI,
the separate rate applicable for each commodity will be
assessed, SBJ to the highest minimum quantity provided
for any commodity in the shipment.
h. Whenever a rate is provided for a specific commodity,
the same rate will also apply on parts of such commodity
where so described in the B/L, EXCEPT and unless a
specific rate is provided for such parts.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS:
Except as otherwise provided in individual TLIs, all
shipments will be transported via Carrier's Standard
Transit Service defined in paragraphs b.1. and b.2.
above. When rates named in this Tariff Section are
published to apply via a specifically named underlying
VOCC the following will apply:
i. When different rates applying on the same commodity,
from and to the same ports/points are published in
in this Tariff Section and the application of the
rates are based on different underlying VOCC services,
selection of the underlying VOCC, and the related
rate level, will be strictly at the Shipper's option.
Shipper MUST specify the underlying VOCC Service
desired at the time cargo is booked with the Carrier,
either orally or in writing. If no written
instructions are forwarded by the Shipper to the
Carrier, Carrier's booking records shall govern
assignment of underlying VOCC and the application of
the rate assessed.
ii. Shipper's selection of an underlying VOCC shall be
considered paramount and Carrier may NOT and will NOT
alter Shipper's instructions or the underlying
VOCC/rate level selected, EXCEPT in the following
instances:
A. If Carrier forwards a shipment via a different
underlying VOCC than specified in error, Shipper
shall be assessed freight charges based on the
underlying VOCC Service level Shipper actually
selected or the freight charges applicable to the
underlying VOCC Service actually provided,
whichever is lower.
B. If due to an error or omission on Shipper's part,
cargo is held at Carrier's Terminal or Container
Yard and is not forwarded on the first available
sailing for the underlying VOCC Service selected,
Carrier will give the Shipper the option of
waiting until the next sailing for the underlying
VOCC selected or of changing the Transit Service
status of the shipment. If Shipper decides to
change the underlying VOCC service selected,
freight charges shall be assessed on the basis of
the underlying VOCC via which the shipment
actually moves. In either case all charges for
storage, container shifting or reloading or
shipment return, incurred as a result of Shipper's
error or ommission shall be for the account of the
Shipper.
iii. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY
AN UNDERLYING VOCC SERVICE:
A. When Carrier publishes both an applicable rate
applying via a specified underlying VOCC Service
and an applicable rate via Carriers' Standard
Transit Service (i.e. any rate that does NOT
specify application via a particular underlying
VOCC), the rate applying via Carrier's Standard
Transit Service shall be assessed, regardless of
the underlying VOCC Service actually utilized to
transport the shipment;
B. When Carrier publishes 2 (two) or more applicable
rates applying via different underlying VOCCs and
has NOT published a rate for Carrier's Standard
Transit Service, the lowest rate applicable via a
specific underlying VOCC will be assessed,
regardless of the underlying VOCC Service actually
utilized to transport the shipment.
