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.

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