RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 09NOV2009
| Effective | 09NOV2009 |
|---|---|
| Filed | 09NOV2009 |
| Filing Codes | C |
a. 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 shift cargo from 1 (one)
underlying vessel operating common carrier 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, shifting or substitution shall be
deemed to be within the Contract of Affreightment and
shall NOT be considered a deviation therefrom.
{C}
b. Alternate or Substituted Service between Ports: UPS
reserves the right to transfer cargo to alternate or
substitute ports of service by trucking, rail, or any
other means of transportation deemed appropriate by the
Carrier, within the range of ports named in Rule 1.1 or
1.3 of the Governing Rules Tariff Section. Except as
otherwise provided below, such substituted service or
transfer arrangements shall NOT result either directly
or indirectly in any lessening or increasing of the cost
or expense which the Shipper would have borne had the
cargo moved from, to, or through the port(s) originally
intended.
{C}
When the ocean carrier discharges cargo at a terminal port other
than the port named in the ocean Bill of Lading, the ocean carrier
may arrange at its option for movement via rail, truck or water, of
the shipment from the port of actual discharge to the ocean carrier's
terminal (via motor, rail or water) at port of destination declared on
the Bill of Lading at the expense of the ocean carrier. Carrier may,
at its convenience, and without assessing additional charges, deliver
cargo to points enroute between Carrier's discharging terminal and
Carrier's B/L delivery terminal provided that rates are not otherwise
provided for such destinations in individual commodity items.
{C}
c. When the ocean Carrier discharges cargo at a terminal port other than
the port named in the ocean B/L, the ocean Carrier may forward cargo
direct to a point designated by the Consignee, provided the Consignee
pays the cost which he would normally have incurred for service by
rail, truck or water, to such point if the cargo had been discharged
at the terminal port named in the ocean Bill of Lading.
NOTE: In the event of cargo being discharged at Carrier's convenience
at a port other than the port of destination named in the Bill of
Lading, the freight rates applicable to the port of destination named
in the Bill of Lading shall be assessed.
d. Except as otherwise provided, when rates differentiated
ONLY by the transportation route or service utilized are
named in this Tariff and Carrier forwards cargo to
destination via another port or service due to error,
omission, or pursuant to the provisions of Rule 1.5.a.,
freight charges shall be assessed based on the
transportation route selected by the Shipper or
Consignee, or the freight charges applicable via the
actual route of movement, whichever is lower.
e. Nothing in this Tariff shall be construed as requiring
UPS to transport cargo or furnish service for which it
does not have, or cannot obtain, suitable or sufficient
transporting containers or equipment, nor to accept
cargo when underlying vessel-operating-common-carrier or
inland carrier services are NOT available. Further
nothing in this Tariff shall be construed as creating
any obligation for UPS to institute or maintain any
service from or to any port or point where it is
impractical, unsafe or unlawful to operate
transportation services or if strikes, labor
disturbances, civil commotion, military actions, or
riots are occurring at the time shipment is tendered or
delivered.
f. FORCE MAJEURE CLAUSE: Without prejudice to any rights
or privileges of the Carrier under any Bill of Lading,
Dock Receipt, or Booking Contract or under applicable
provisions of law, in the event Carrier's operations or
performance of any contract of carriage or other
agreement are affected by any Force Majeure Event, as
defined below, Carrier reserves the right to cancel,
terminate or suspend performance of any outstanding
booking or contract, amend, suspend or cancel any rule
or practice or amend, withdraw or increase any
applicable rate or rates in conformity with applicable
laws and regulations.
Force Majeure Event shall mean any event beyond the
Carrier's control, including, but not limited to:
partial or general, active, threatened or imminent
strikes, work stoppages, lockouts or labor disturbances,
marine perils, accidents, casualties, fire, road, marine
or rail disasters, storms, extreme weather conditions,
ice, release of hazardous materials, explosions or
calamities, acts of God, acts or threatened acts of
terrorism, governmental, military or other authority or
apparent authority orders, restraints, blockades,
embargoes, regulations, arrests, seizures or
interference, war or hostilities, warlike conditions,
acts of the public enemies, theft, piracy, riots or
civil commotions, port congestion, unavailability of
third-party equipment or other similar conditions.
g. When Carrier takes steps to protect Goods due to a Force
Majeure Event, the storage or other similar charges
associated with Carrier's efforts shall be for the
account of cargo.
