RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 12JUL2021
| Effective | 12JUL2021 |
|---|---|
| Filed | 12JUL2021 |
| Filing Codes | I |
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.
b. Alternate or Substituted Service between Ports:
ADP USA Logistics Inc. 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 Rules 1.2 or 1.4. 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 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, ommission, or
pursuant to the provisions of Rule 1.5.a. above, 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.
d. Nothing in this Tariff shall be construed as requiring ADP USA Logistics
Inc. to transport cargo or furnish service for which is 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 ADP USA
Logistics Inc. 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.
e. FORCE MAJEURE CLAUSE: Without prejudice to any rights or privileges of
the Carrier under covering Bills of Lading, Dock Receipts, or Booking
Contracts under applicable provisions of law, in the event of war,
hostilities, warlike operations, embargoes, blockages, port congestion,
strikes or labor disturbances, regulations of any governmental
authority pertaining thereto or any other official interferences with
commercial intercourse arising from the above conditions and affecting
the Carrier's operations, the Carrier reserves the right to cancel or
abort any outstanding booking, service or contract in conformity with
Federal Maritime Regulations and the Shipping Act of 1984.
