RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 12APR2024

Effective 12APR2024
Filed 12APR2024
Filing Codes IC

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:
   Aqua Marine Logistics USA 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 or in Rule 35, 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 booked and
   intended.
     
c. When rates differentiated ONLY by the transportation route utilized
   are named in NRAs or 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 Aqua Marine
   Logistics USA 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 Aqua Marine Logistics USA 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 Shipping Act of 1984.

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