RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 09AUG2021
| Effective | 09AUG2021 |
|---|---|
| Filed | 09AUG2021 |
| Filing Codes | IC |
a. Argos Group, Inc. 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:
Argos Group, 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 Argos Group,
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 Argos Group, 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 Shipping Act, as amended.
