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. 

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