RULE: 35 - LABOR DISPUTE PROVISIONS Eff: 01AUG2013

Effective 01AUG2013
Filed 01AUG2013
Filing Codes IC

Control No. 13-10361
	
In the event of a labor dispute (including but not limited
to strikes, lock-outs, work stoppages or slowdowns),
wheresoever occurring, and whether existing or anticipated
before or after booking and/or receipt of cargo, which in
the judgement of the Carrier is likely to give rise to
unreasonable delay or disadvantage to, or loss of, any or
all of the cargo so received or booked, the Carrier shall
have the right to transport and/or transfer the cargo to or
through such other port from or to which adequate ocean
transportation is provided and available.
             
a. The rates and charges applying on strike diverted cargo shall
   be as provided below:
        
 1. If transportation service has not yet commenced on cargo
    booked and/or received which is scheduled to move
    through a port affected by a labor dispute, the rate and
    charges applicable on such diverted cargo shall be the
    rate and charges applying via the actual route of
    movement, or in the absence of such rate and charges,
    the rate and charges applicable to the scheduled
    transportation movement, plus any additional diversion
    charges incurred to accomplish transportation service to
    destination.
          
 2. If transportation service has not yet commenced on cargo
    booked and/or received for transportation from or to
    Carrier's facilities at a port affected by a labor
    dispute, the rate and charges applying on such
    cargo shall be the rate and chares applicable to the
    scheduled transportation movement plus any additional
    diversion charges incurred for movement of cargo between
    the affected port and the actual port of origin or
    destination.  Further, when arranging transportation
    service from or to a diversion port, Carrier's liability
    shall be strictly that of an agent acting on behalf of
    Shipper or Consignee and all risk and charges for the
    diversion service shall be for the account of the cargo.
    Carrier's NVOCC service and liability shall commence
    only from or terminate at the port from or to which the
    cargo is diverted.
          
 3. If transportation service has commenced on cargo
    destined to or moving through a port affected by a
    labor dispute, Carrier shall make every effort
    to deliver cargo to cargo's original scheduled
    destination.  However, all additional charges for
    diversion or reconsignment (upon Shipper's or
    Consignee's instructions) of cargo shall be strictly for
    the account of the cargo.  Further, once ocean
    transportation service has been terminated by underlying
    VOCC, due to labor dispute at the scheduled
    delivery or interchange port, Carrier's B/L liability
    shall cease and when making arrangements for
    transportation service to originally scheduled
    destination Carrier's liability shall be strictly that
    of an agent acting on behalf of Shipper or Consignee and
    all risk and charges for diversion serive shall be for
    the account of the cargo.

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