RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 07DEC2024

Effective 07DEC2024
Filed 07DEC2024
Filing Codes I

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:
   Atlantic Express Corporation 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 or service
   utilized are named in this Tariff and Carrier forwards cargo to
   destination via another port or service due to error, ommission, or
   pursuant to the provisions of Rule 1.5.a., 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 Atlantic Express
   Corporation 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
   Atlantic Express Corporation 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 U.S. Shipping Act.

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