RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 09AUG2021
| Effective | 09AUG2021 |
|---|---|
| Filed | 09AUG2021 |
| Filing Codes | IC |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in an individual NRA, or on a Rate Web Page in a governed Tariff,
rate(s) named in a governed NRA, or on a Rate web Rate Page in a
governed 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
individual NRAs, or Rate Tariff TLIs, 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 individual NRAs, or Rate Tariff TLIs, 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. 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 its 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 transfer, transshipment, movement or
substitution of service shall be deemed to be within the contract of
affreightment and shall NOT be considered a deviation therefrom.
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, or Rate Tariff TLI, governed by this Tariff.
Except as otherwise provided in an individual NRA, or Rate Tariff TLI,
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 NRAs, or Rate Tariff TLIs, governed by this Tariff
apply ONLY to the specific commodity(s) named and CANNOT be applied to
analogous commodities. Further, unless a rate specifically names
a particular commodity, the Generic, N.O.S. or Cargo, N.O.S. rate
will apply.
g. The rates named in each NRA, and in each specific Rate Tariff TLI,
governed by this Tariff apply on straight or mixed shipments
of the commodities named therein unless otherwise specifically
restricted.
h. When mixed shipments contain commodities subject to rates named in
more than 1 (one) Rate Tariff TLI 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. This provision does NOT apply to rates named in NRAs.
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, or Rate Tariff TLI, governed by this Tariff.
j. 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.
k. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS:
Except as otherwise provided in individual NRAs or in Rate Web
Pages (TLIs) named in Tariffs governed by this Tariff, all
shipments will be transported via Carrier's Standard Transit
Service defined in paragraph i.iii below. When rates named in
NRAs or in Rate Web Pages (TLLs) named in Tariff governed by
this Tariff are published to apply via a specifically named
underlying VOCC the following will apply:
i. When different rates applying on the same commodity, from and to
the same ports/points are published in NRAs or in Rate Web Pages
named in Tariffs governed by this Tariff and the application of
the rates are based on different underlying VOCC services,
selection of the underlying VOCC, and the related rate level,
will be strictly at the Shipper's option. Shipper MUST specify
the underlying VOCC Service desired at the time cargo is booked
with the Carrier, either orally or in writing. If no written
instructions are forwarded by the Shipper to the Carrier,
Carrier's booking records shall govern assignment of underlying
VOCC and the application of the rate assessed.
ii. Shipper's selection of an underlying VOCC shall be
considered paramount and Carrier may NOT and will NOT
alter Shipper's instructions or the underlying
VOCC/rate level selected, EXCEPT in the following
instances:
A. If Carrier forwards a shipment via a different
underlying VOCC than specified in error, Shipper
shall be assessed freight charges based on the
underlying VOCC Service level Shipper actually
selected or the freight charges applicable to the
underlying VOCC Service actually provided,
whichever is lower.
B. If due to an error or omission on Shipper's part,
cargo is held at Carrier's Terminal or Container
Yard and is not forwarded on the first available
sailing for the underlying VOCC Service selected,
Carrier will give the Shipper the option of
waiting until the next sailing for the underlying
VOCC selected or of changing the Transit Service
status of the shipment. If Shipper decides to
change the underlying VOCC service selected,
freight charges shall be assessed on the basis of
the underlying VOCC via which the shipment
actually moves. In either case all charges for
storage, container shifting or reloading or
shipment return, incurred as a result of Shipper's
error or ommission shall be for the account of the
Shipper.
iii. DEFINITION OF CARRIER STANDARD TRANSIT SERVICE:
Under its Standard Transit Service Carrier is not
obligated to transport cargo in any particular
container or type of container or equipment (except
as specified in individual TLIs 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 utilizing any underlying VOCC's fixed
sailing schedule(s). Selection of underlying or
inland Carriers to be utilized for all or any portion
of the through transportation of cargo shall be at
the sole discretion of the Carrier.
iv. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY
AN UNDERLYING VOCC SERVICE:
A. When an NRA or a Web Rate Page named in a Tariff governed
by this Tariff, contains both an applicable rate applying
via a specified underlying VOCC Service and an applicable
rate via Carriers' Standard Transit Service (i.e. any rate
that does NOT specify application via a particular
underlying VOCC), the rate applying via Carrier's Standard
Transit Service shall be assessed, regardless of the
underlying VOCC Service actually utilized to transport the
shipment;
B. When Carrier publishes 2 (two) or more applicable rates in
an NRA or in a Rate Web Page (TLI) named in a Tariff
governed by this Tariff, applying via different underlying
VOCCs and has NOT published a rate for Carrier's Standard
Transit Service, the lowest rate applicable via a specific
underlying VOCC will be assessed, regardless of the
underlying VOCC Service actually utilized to transport the
shipment.
