RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 01SEP2003
| Effective | 01SEP2003 |
|---|---|
| Filed | 01SEP2003 |
| Filing Codes | IR |
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.
