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 International Cargo Service 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 1.2 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 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
International Cargo Service 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 American
International Cargo Service 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.
{C}
e. FORCE MAJEURE CLAUSE:
Carrier s performance of its obligations under applicable bills of
lading or other contracts shall be suspended, without prejudice to any
rights or privileges of the Carrier, in the event of: War, hostilities,
warlike operations, riots, civil insurrections, embargoes, blockades,
port congestion, strike, imminent strike or harbor disturbances,
widespread electrical power failures affecting port operations,
pandemics, Acts of God including earthquakes, extreme weather
conditions, or other natural catastrophes, declarations of force majeure
by ocean carriers or terminals or other parties on whom Carrier relies
to perform or facilitate carriage, 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, or the occurrence of any circumstances outside
of Carrier s reasonable control that prevents performance.
Carrier reserves the right to cancel any outstanding booking or contract
of carriage, or to route shipments by any other means of transportation
whether by all-water, air-water or land-water in accordance with rates,
charges, or rules and regulations established in this tariff that would
have applied in the absence of the Force Majeure condition and subject
to Bill of Lading provisions that are applicable to actual routing of
the cargo. The occurrence of such force majeure event shall not relieve
Merchant from its obligations to pay all applicable freight charges
