RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 17OCT2011

Effective 17OCT2011
Filed 17OCT2011
Filing Codes C

a. Except as otherwise specifically provided in the Rules
   of this Tariff, rates herein apply between port/point of
   loading and port/point of discharge, and unless
   otherwise provided within the individual commodity
   descriptions or TLIs 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 Tariffs, by Port Operators or Authorities
   or by national government Customs Services.  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. Carrier is NOT obligated to transport cargo in any
   particular container or type of container or equipment
   (except as specified in individual TLIs of this Tariff
   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
   reasonable dispatch and due diligence.  Selection of any
   underlying or inland carrier to be used for any portion
   of the through transportation of cargo shall be at the
   sole discretion of the Carrier.
  
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
   transship cargo from 1 (one) vessel 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, transshipment, 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.  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 herein 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 apply on straight or mixed shipments of the
   commodities named therein unless otherwise specifically
   restricted.  On mixed shipments of commodities named in
   more than 1 (one) Rate Item, the separate rate
   applicable to each commodity in each Item will apply.
  
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 as defined below.  When rates named in
   this Tariff 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
      this Tariff and the application of the rates are
      based on different underlying VOCC services and/or
      transit times, selection of the underlying VOCC
      and/or transit time service, and the related rate
      level, will be strictly at the Shipper's option.
      Shipper MUST specify the underlying VOCC and/or
      transit time 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/or
      transit time serice and the application of the rate
      assessed.
    
  ii. Shipper's selection of an underlying VOCC and/or
      transit time service shall be considered paramount
      and Carrier may NOT and will NOT alter Shipper's
      instructions or the underlying VOCC/transit time rate
      level selected, EXCEPT in the following instances:
   
      A. If Carrier forwards a shipment via a different
         underlying VOCC (or utilizes a VOCC with a
         different transit time) than specified in error,
         Shipper shall be assessed freight charges based on
         the underlying VOCC Service and/or transit time
         service level Shipper actually selected or the
         freight charges applicable to the underlying VOCC
         and/or transit time 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 and/or transit
         time Service selected, Carrier will give the
         Shipper the option of waiting until the next
         sailing for the underlying VOCC selected and/or
         VOCC with the selected transit time, or of
         changing the Transit Service status of the
         shipment.  If Shipper decides to change the
         underlying VOCC and/or transit time service
         selected, freight charges shall be assessed on the
         basis of the underlying VOCC and/or transit time
         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. DEFINITION OF CARRIER STANDARD 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 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.
     
      When rates are published to apply for a specific
      transit time, such rates will apply ONLY when Shipper
      requests and Carrier guarantees transportation aboard
      a vessel with a SCHEDULED transit time of the number
      of days specified between origin and destiantion.  If
      ACTUAL transit time is more or less than the
      scheduled transit time, freight charges will not be
      recalculated or amended and b/ls will not be
      reissued, regardless of whether higher or lower rates
      are published to apply for the actual transit time of
      shipment.
   
  iv. 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 and/or
         transit time Service on the one hand and on the
         other an applicable rate via Carriers' Standard
         Transit Service (i.e. any rate that does NOT
         specify application via a particular underlying
         VOCC and/or transit time), the rate applying via
         Carrier's Standard Transit Service shall be
         assessed, regardless of the underlying VOCC and/or
         transit time Service actually utilized to
         transport the shipment;
      
      B. When Carrier publishes 2 (two) or more applicable
         rates applying via different underlying VOCCs
         and/or transit time service and has NOT published
         a rate for Carrier's Standard Transit Service, the
         lowest rate applicable via a specific underlying
         VOCC and/or transit time service will be assessed,
         regardless of the underlying VOCC and/or transit
         time Service actually utilized to transport the
         shipment.
        
   v. DEFINITION OF CARRIER GROUPS:
      When the terms below appear under the "Via Carrier"
      column on the TLI Rate Pages in this Tariff, such
      term will INCLUDE service via any of the Carriers
      listed:
    
{C}     INDAMEX: American President Lines, Ltd. (APL)
                 CMA-CGM
                 Hapag Lloyd AG (Hapag Lloyd USA, LLC
                 OOCL
     
        SINA Service:
                 Kawasaki Kisen Kaisha, Ltd. (K-Line)
                 Hanjin Shipping Company, Ltd.
                 United Arab Shipping Line Limited (UASC)
                 Yangming Transport Corporation (YML)

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