RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 06NOV2006
| Effective | 06NOV2006 |
|---|---|
| Filed | 06NOV2006 |
| Filing Codes | C |
a. 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 shift cargo from 1 (one)
underlying vessel operating common carrier to another
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, shifting or substitution shall be
deemed to be within the contract of affreightment and
shall NOT be considered a deviation therefrom.
b. Alternate or Substituted Service between Ports:
Danmar Lines Ltd. (a d/b/a of Danzas Corporation)
reserves the right to transfer cargo to alternate or
substitute ports of service by trucking, rail, or any
other means of transportation deemed appropriate by the
Carrier, within the range of ports named in Rules 1.2 or
1.4. Except as otherwise provided below, such
substituted service or transfer arrangements shall NOT
result either directly or indirectly in any lessening or
increasing of the cost or expense which the Shipper
would have borne had the cargo moved from, to or through
the port(s) originally intended.
c. When rates differentiated ONLY by the transportation
route or service utilized are named in this Tariff
Section and Carrier forwards cargo to destination via
another port or service due to error, ommission, or
pursuant to the provisions of Rule 1.5.a., freight
charges shall be assessed based on the transportation
route selected by the Shipper or Consignee, or the
freight charges applicable via the actual route of
movement, whichever is lower.
d. Nothing in this Tariff Section shall be construed as
requiring Danmar Lines Ltd. to transport cargo or furnish
service for which is does not have, or cannot obtain,
suitable or sufficient transporting containers or
equipment, nor to accept cargo when underlying
vessel-operating-common-carrier or inland carrier
services are NOT available. Further nothing in this
Tariff Section shall be construed as creating any
obligation for Danmar Lines Ltd. to institute or
maintain any service from or to any port or point where
it is impractical, unsafe or unlawful to operate
transportation services or if strikes, labor
disturbances, civil commotion, military actions, or
riots are occurring at the time shipment is tendered or
delivered.
e. FORCE MAJEURE CLAUSE: "Without prejudice to any rights
or privileges of the Carrier under covering Bills of
Lading, Dock Receipts, or Booking Contracts under
applicable provisions of law, in the event of war,
hostilities, warlike operations, embargoes, blockages,
port congestion, strikes or labor disturbances,
regulations of any governmental authority pertaining
thereto or any other official interferences with
commercial intercourse arising from the above conditions
and affecting the Carrier's operations, the Carrier
reserves the right to cancel any outstanding booking or
contract in conformity with Federal Maritime Regulations
and the Shipping Act of 1984.
