RULE: 2.4 - SERVICE LIMITATIONS & SUBSTITUTION OF SERVICES Eff: 12MAY2009
| Effective | 12MAY2009 |
|---|---|
| Filed | 12MAY2009 |
| Filing Codes | C |
a. 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. Further, except as
otherwise provided in Rule 2.7 herein, Carrier is not
obligated to transport cargo 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.
b. 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, except as otherwise provided, 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 transport cargo on more than 1
(one) vessel 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, movement or
substitution of service shall be deemed to be within the
Contract of Affreightment and shall NOT be considered a
deviation there from.
c. 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.
