RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 08JAN2025

Effective 08JAN2025
Filed 08JAN2025
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.
  
b. Alternate or Substituted Service between Ports:
   American Cargoservice, 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 Rule 1.1 or 1.3.  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 utilized
   are named in NRAs and Rate Tariffs governed by this Tariff and
   Carrier, pursuant to the provisions of paragraph a. above,
   forwards cargo to destination via alternate or substituted port
   service, 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 American
   Cargoservice, Inc. 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 American Cargoservice, 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 any
   outstanding booking or contract in conformity with Federal Maritime
   Regulations and the U.S. Shipping Act.

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