RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 26JAN2008

Effective 26JAN2008
Filed 26JAN2008
Filing Codes C

Control No. 08-0752
    
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.
    
  iv. DEFINITION OF VOCC AND/OR ROUTING CODES USED IN THIS
      TARIFF:
        
      CODE      =      VOCC OR JOINT ROUTING DESCRIPTION
    
      AIL or AmerIndep = AIL (USA), Inc. (American
        Independent Line (USA))
      Alianca = Alianca Naveacao e Logistica Ltd. (Alianca
        Lines)
      Antillean = Antillean Marine Shipping Corporation
      
      ANZDL = Australia-New Zealand Container Line
      APLS or APL = American President Lines, Ltd.
      Atlanticargo = Star Shipping
      Atlantic Cont. = Atlantic Container Lines A.B.
      ARRO or Atlantic RoRo = Atlantic Ro-Ro Carriers, Inc.
    
      Bermuda CL = Bermuda Container Line Ltd.
      Bernuth = Bernuth Lines, Ltd.
      Caribbean Forest = Caribbean Forest Carriers SA
      CCNI = Compania Chilena de Navegacion Interoceanica
        S.A.
    
      Chilean Line = Compania Sud Americana de Vaporest
        S.A.
      CMA CGM = CMA CGM
      COSCO = COSCO Container Lines Company Limited
      Crowley = Crowley Liner Services, Inc., or Crowley
        Marine Services, Inc., or Crowley Caribbean Service
        LLC
    
      CSAV = CSAV Sudamericana de Vapores S.A.
      CSAL = CSAL Canada-States-Africa-Line Inc.
      CSCL or China Shipping = China Shipping Container
        Lines Co., Ltd.
      Dole Ocean = Dole Ocean Cargo Express Inc.
    
      Emirates = Emirates Shipping Line FZE
      EVGR, EVER or Evergreen = Evergreen Lines
      Great White = Great White Fleet (US) Ltd.
      Hamburg Sud = Hamburg-Sudamerikanische
        Dampfschifffaharts
    
      Hanjin or HANJ = Hanjin Shipping Company, Ltd.
      Hapag Lloyd or HPL = Hapag Lloyd AG
      HOEGH = Hoegh Auto Liners, Inc.
      Hyundai = Hyundai Merchant Marine Co., Ltd.
      ICL = Independent Container Line, Ltd.
    
      Intermarine = Indstrial Maritime Carriers Worldwide,
        L.L.C.
      KKK or K-Line = Kawasaki Kisen Kaisha, Ltd.
      Libra = Companhia Libra de Navegacao
      Maersk = A.P. Moller - Maersk A/S (Maersk Line)
    
      Matson = Matson Navigation Company, LLC.
      Medit. Shipping or MSC = Mediterranean Shipping
        Company S.A.
      Montemar = Montemar Maritima SA (Companhia Libra
        de Navegacion Uruguay SA)
    
      MOSK or Mitsui OSK = Mitsui O.S.K. Lines, Ltd.
      NSCSA = The National Shipping Company of Saudi Arabia
      NYK or NYKL = Nippon Yusen Kaisha
      OOCL = OOCl or Orient Overseas Container Line, Inc.
      SafMarine = Safmarine and CMBT Lines N.V. or
        Safmarine Container Lines N.V.
     
      SCI = The Shipping Corporation of India Ltd.
      Seaboard = Seaboard Marine Ltd.
      Seafreight = Seafreight Line, Ltd.
      STAR = Star Shipping (Atlanticargo)
      Sinotrans = Sinotrans Container Lines Co., Ltd.
     
      Sea Star = Sea Star (Atlanticargo)
      Trailer Bridge = Trailer Bridge, Inc.
      Tropical = Tropical Shipping & Construction Co., Ltd.
      TRUCK-INTER = Trucking via (JNE Trucking Co. or
        Patriot Logistics, Inc. or Team Transport Inc. or
        Trans Gulf Transportation, Inc.) then via
        Industrial Maritime Carriers, LLC
    
      Turkon = Turkon Container Transportation & Shipping,
        Inc.
      UASC = United Arab Shipping Company (S.A.G.)
      Venezuelan Line = Venezuelan Container Line C.A.
      Wallenius - Wallenius Wilhelmsen Logistics
    
      Wan Hai = Wan Hai Lines
      Westwood = Westwood Shipping Lines
      Wilhemsen = Wilhelmsen Lines A/S (Barber Blue Sea)
      Yang Ming or YGMG = Yangming Marine Transport
        Corporation
      ZIM = Zim Integrated Shipping Services Ltd.

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