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

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