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.

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