RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 11FEB2019
| Effective | 11FEB2019 |
|---|---|
| Filed | 11FEB2019 |
| Filing Codes | C |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in an individual NRA, NSA or Rate TLI named in any Tariff governed
by this Tariff, rates named in an individual NRA, NSA or Rate TLI
named in any Tariff governed by this Tariff applying from, to or
through the U.S. or foreign Ports named in Rules 1.1 and 1.3 do NOT
include lighterage, terminal handling, wharfage, taxes, duties, dues,
customs charges or any other assessorial charges or assessments which
have been established by custom of the Port, by Port Operators or
Authorities or by national Customs Services (Except as otherwise
provided in Rules 1.2 and 1.4). All such assessorial charges
assessed against the cargo will be for the account of the Cargo, even
if the Carrier is responsible for the collection thereof.
b. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment (except as specified in
an individual NRA, NSA or Rate TLI named in any Tariff governed by
this Tariff, or in conformity with Rule 16), or via any particular
vessel, ocean, water, rail, motor or air carrier, or in time for any
particular market or otherwise than with reasonable dispatch and due
diligence. Except as otherwise provided in an individual NRA, NSA or
Rate TLI named in any Tariff governed by this Tariff, selection of any
underlying or inland carrier to be used for any portion of the
through transportation of cargo shall be at the sole discretion of
the Carrier.
c.1. Carrier reserves the right to load and transport any single
shipment in more than 1 (one) container when required by
governmental regulations, for operation exigencies or for any
other reason whatsoever. Additionally Carrier reserves the
right to effect whatever splitting or consolidation of cargo it
deems most advantageous in order to make the most efficient use of
transporting equipment. Further 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 transship cargo from 1 (one) vessel 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
transfers, transshipments, movements or substitutions of service
shall be deemed to be within the contract of affreightment and
shall NOT be considered a deviation therefrom.
2. When Carrier provides loading Services of full containerload
shipments at its nominated Container Freight Station facilities
(i.e. "S" Service at origin - see Rule 2.1), Carrier reserves the
right to utilize any and all remaining empty space in the container
for other cargo after all Shipper's cargo has been loaded therein.
Carrier shall remove all extra Cargo from the container at
destination before the shipment is delivered to the Consignee.
d. Carrier reserves the right to substitute rail or motor carrier
equipment for ocean carrier equipment during all or any part of the
inland portion of a through intermodal transportation service
provided under any NRA, NSA or Rate TLI named in any Tariff governed
by this Tariff. Except as otherwise provided in an individual NRA,
NSA or Rate TLI named in any Tariff governed by this Tariff (and then
ONLY at Shipper's option) substitution of equipment will NOT affect
the rates or charges assessed for transportation service, NOR shall
it affect the Carrier's liability or responsibilities to the Shipper
or Consignee. Transfer, loading or other charges incurred for such
substituted equipment service shall NOT be assessed against either
the cargo, the Shipper or the Consignee, but shall be paid by the
Carrier.
e. Except when advertising matter and premiums are shipped in the same
package with the commodity it advertises, any package containing
more than 1 (one) commodity will be rated on the basis of the
highest rated article in the package.
f. Rates named in an individual NRA, NSA or Rate TLI named in any Tariff
governed by this Tariff apply ONLY to the specific commodity(s) named
and CANNOT be applied to analogous commodities. Further, unless a
rate application specifically names a particular commodity, the Tariff
Generic, N.O.S. or Cargo, N.O.S. rate named in any Tariff governed
by this Tariff will apply.
g. The rates named in each NRA, NSA or each specific Rate TLI named in
any Tariff governed by this Tariff apply on straight or mixed
shipments of the commodities named therein unless otherwise
specifically restricted. When mixed shipments contain commodities
subject to rates named in more than 1 (one) NRA, NSA or Rate TLI, the
separate rate applicable for each commodity will be assessed, subject
to the highest minimum quantity provided for any commodity in the
shipment.
h. When mixed shipments contain commodities subject to rates named in
more than 1 (one) effective NRA, NSA or Rate TLI named in any Tariff
governed by this Tariff, the separate rate applicable for each
commodity will be assessed, subject to the highest minimum quantity
provided for any commodity in the shipment.
i. Whenever a rate is provided for a specific commodity, the same rate
will also apply on parts of such a commodity where so described in
the B/L, EXCEPT and unless a specific rate is provided for such parts
in an applicable NRA, NSA or Rate TLI named in any Tariff governed by
this Tariff.
j. The rates named in any NRA, NSA or Rate TLI governed by this Tariff,
except where predicated on a specifically lower or higher value or
when predicated on an Ad Valorem Basis, are SBJ to the B/L liability
limit specified in Rule 8.
