RULE: 2.090 - DIVERSION OF CARGO (BY SHIPPER OR CONSIGNEE) Eff: 24JAN2022
| Effective | 24JAN2022 |
|---|---|
| Filed | 24JAN2022 |
| Filing Codes | IC |
A request for diversion of a shipment will be considered as an amendment
to the contract of carriage and will be subject to the following
definitions, conditions and charges:
A. Definition of Diversion:
Any change in the original billed destination (which may also include a
change in Consignee, order party, or both). A change in Consignee,
order party or both will not be considered as diversion of cargo.
B. Conditions:
1. Requests must be received in writing by the carrier prior to the
arrival of the vessel at Discharge Port. Carrier will make diligent
effort to execute the request but will not be responsible if such
service is operationally impractical or cannot be provided.
2. Cargo moving under a non-negotiable Bill of Lading may be diverted at
the request of shipper or consignee. Cargo moving under a negotiable
Bill of Lading may be diverted by any party surrendering the properly
endorsed original Bill of Lading. Cargo moving under a negotiable
Bill of Lading may also be diverted by the shipper or consignee at
the carrier's sole discretion without receipt by the carrier of the
original negotiable Bill of Lading so long as a new negotiable Bill
of Lading is not requested or issued by the carrier. If a new
negotiable Bill of Lading is requested by the shipper or consignee,
the original negotiable Bill of Lading must be surrendered to the
carrier prior to issuance of the new negotiable Bill of Lading.
3. This rule will apply to full Bill of Lading quantities or full
container loads only.
4. A shipment may only be diverted once. Shipper may request
cancellation of the original diversion request, resulting in delivery
of the cargo to the original billed destination, provided that such
request is received prior to arrival of vessel at Discharge Port, and
provided that all diversion charges as set out in C. below,
applicable to the original diversion request, are paid in full prior
to the cancellation request being accepted by the carrier. In no
instance will any refund of the diversion charges be made in the
event of a cancellation. Any additional expenses incurred by the
carrier will be for the account of the cargo.
5. Cargo, which, upon request of Merchant (stowage permitting), is
diverted to a Port of Discharge within the Scope of this Tariff other
than that shown in the Bill of Lading, shall be assessed the actual
amount of expense incurred by Carrier, or as per carrier tariff at
time of shipment, whichever is higher, plus, at the sole discretion
of the Carrier, depending on the relevant administrative burdens
resulting from the diversion, an administrative fee of USD50/BL for
cargo received and diversion requested prior to vessel departure, or
USD300/BL for cargo received and diversion requested post vessel
departure, from origin port.
6. Diversion charges or administrative charge are payable by the party
requesting the diversion.
