Effective	25SEP2009
Filed	25SEP2009
Filing Codes	C

When rates named in this Tariff are published to apply only
when the transportation service is provided by a
specifically named underlying VOCC or NVOCC the following
will apply:
    
a. When different rates applying on the same commodity,
   from and to the same ports/points, SBJ to the same
   Origin & Destination Services, moving via the same
   Transit Service and Mode are published in this Tariff
   and the application of each rate is based on a different
   underlying VOCC/NVOCC, selection of the underlying
   VOCC/NVOCC to be used for the transportation service
   will be strictly at the Shipper's option.  Shipper is
   expected to specify the underlying VOCC/NVOCC desired
   either prior to cargo booking or at the time cargo is
   booked with the Carrier, either orally or in writing,
   unless such instructions have been given previously.  If
   no written instructions are forwarded by the Shipper to
   the Carrier, Carrier's booking records shall govern the
   assignment of the underlying Carrier and the application
   of the rate assessed.  If Shipper fails or declines to
   specify a particular underlying VOCC/NVOCC, Carrier
   shall be free to select the carrier used for the
   underlying transportation that is consistent with
   Carrier's obligation as a common Carrier to provide
   transportation service under the terms and conditions of
   this Tariff and Carrier's B/L; in such cases Freight
   Charges shall be assessed pursuant to paragraph c. of
   this Rule.
    
b. Shipper's selection of an underlying VOCC/NVOCC Carrier
   shall be considered paramount and Carrier may NOT, and
   will NOT, alter Shipper's instructions or the underlying
   VOCC/NVOCC, EXCEPT in the following circumstances:
   
 1. If Carrier forwards a shipment via a different
    underlying Carrier than specified by the Shipper in
    error, Shipper shall be assessed freight charges based
    on the underlying Carrier Shipper actually selected or
    the freight charges applicable to the underlying
    Carrier actually utilized, whichever is lower.
    
 2. 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 Carrier selected, Carrier will give the
    Shipper the option of waiting until the next sailing
    for the underlying Carrier selected or of changing the
    underlying Carrier to be utilized.  If Shipper decides
    to change the underlying Carrier service selected,
    freight charges shall be assessed on the basis of the
    underlying Carrier 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 omission
    shall be for the account of the Shipper.
   
c. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
   UNDERLYING VOCC/NVOCC SERVICE: 
     
 1. When Carrier has published both a rate applying via a
    specified underlying Carrier and a rate that does NOT
    specify application via any particular underlying
    Carrier, freight charges shall be assessed using the
    rate that does NOT specify application via a particular
    underlying Carrier,  regardless of the underlying
    Carrier actually utilized to transport the shipment;
        
 2. When Carrier has published 2 (two) or more applicable rates
    applying via different underlying Carriers and has NOT
    published a rate that does not specify application via a
    particular underlying Carrier, freight charges will be
    assessed based on the underlying Carrier actually
    utilized, or, when Carrier utilizes the services of an
    underlying Carrier not listed, freight charges will be
    assessed based on the lowest rate applicable via any
    specified underlying Carrier that is listed.
{C}     
 3. When Carrier has published only a single applicable rate
    applying via a specified underlying Carrier and has NOT
    published a rate that does not specify application via any
    particular underlying Carrier, freight charges will be assessed
    based the rate applicable via the specified underlying Carrier
    even when Carrier utilizes the services of another underlying
    Carrier that has not been listed.

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