RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 07DEC2024
| Effective | 07DEC2024 |
|---|---|
| Filed | 07DEC2024 |
| Filing Codes | I |
a.i. Except as otherwise specifically provided in the Rules of this Tariff
or on any Web Rate Page in this Tariff, rates named on a Web Rate Page
in this 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.
ii. Additionally, Carrier will not provide delivery, or release, of cargo
moving under the terms, conditions and rates named on any Web Rate Page
in this Tariff to the Consignee until all advanced charges, or charges
for Detention, Demurrage or Storage have been paid or guanateed in full,
UNLESS Atlantic Express Corporation has incurred or is responsible for
the assessment of such charges.
b.1. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment, except as specified in
individual TLIs of this Tariff, or in conformity with Rule 16.
2. Except as otherwise provided below in paragraphs b.3. or i., Carrier
is not obligated to transport cargo 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. 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.
3. When specific reference is made hereto, Rates SBJ hereto apply ONLY
when Shipper requests and Carrier guarantees transportation via a
carrier with the scheduled transit time specified in the provisions
making reference hereto.
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 equipment under its control. 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 this
Tariff. Except as otherwise provided in individual TLIs (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 on Web Rate Pages in 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 specific TLI (Rate Item) of this Tariff apply on
straight or mixed shipments of the commodities named therein unless
otherwise specifically restricted.
h. Whenever a rate is provided for a specific commodity, the same rate will
also apply on parts of such commodity where so described in the B/L,
EXCEPT and unless a specific rate is provided for such parts.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS OR CO-LOADED VIA
SPECIFIC NVOCCS:
Except as otherwise provided on Web Rate Pages named in this Tariff, all
shipments will be transported via Carrier's Regular Transit Service
defined in Rule 2.1. When rates named on a Web Rate Page in this
Tariff, are published to apply via a specifically named underlying VOCC
or co-loaded with a specifically named NVOCC, the following will apply:
i. When different rates applying on the same commodity, from and to
the same ports/points are published on a Web Rate Page in this
Tariff, and the application of the rates are based on different
underlying VOCC/NVOCC services, selection of the underlying
VOCC/NVOCC, and the related rate level, will be strictly at the
Shipper's option. Shipper MUST specify the underlying VOCC/NVOCC
Service desired at the time cargo is booked with the Carrier, either
orally or in writing. Or Shipper may provide standing instructions
for the use of specific underlying VOCC/NVOCC with Carrier. If
Shipper fails, or declines, to specify a particular underlying
VOCC/NVOCC and/or Service Level, Carrier shall be free to select the
carrier and/or service level used for transportation that is
consistent with Carrier's obligation as a common Carrier to provide
transportation service under the terms and conditions of these
Rules and governed Rate Tariffs and Carrier's B/L; in such cases
Freight Charges shall be assessed pursuant to paragraph 1.iii of this
Rule.
ii. Shipper's selection of an underlying VOCC/NVOCC shall be considered
paramount and Carrier may NOT, and will NOT, alter Shipper's
instructions or the underlying VOCC/NVOCC rate level selected, EXCEPT
in the following instances:
A. If Carrier forwards a shipment via a different underlying
VOCC, or coloads with a different NVOCC, than specified by
Shipper in error, Shipper shall be assessed freight charges based
on the underlying VOCC, or coload NVOCC, Service level Shipper
actually selected or the freight charges applicable to the
underlying VOCC/NVOCC 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/Rail Yard and is not forwarded
in time for the first available sailing for the underlying
VOCC/NVOCC Service selected, Carrier will give the Shipper the
option of waiting until the next sailing for the underlying
VOCC/NVOCC selected or of changing the Transit Service status of
the Shipment. If Shipper decides to change the underlying
VOCC/NVOCC service selected, freight and charges shall be
assessed on the basis of the underlying VOCC/NVOCC 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. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
UNDERLYING VOCC SERVICE:
A. When Carrier provides both an applicable rate on a Web Rate Page
in this Tariff, which applies via a specified underlying
VOCC/NVOCC Service and an applicable rate via Carriers' Regular
Transit Service (i.e. any rate that does NOT specify application
via a particular underlying VOCC/NVOCC), the rate applying via
Carrier's Regular Transit Service shall be assessed, regardless of
the underlying VOCC/NVOCC Service actually utilized to transport
the shipment if Shipper fails to specify the underlying VOCC/NVOCC
service is to be utilized when Shipment is booked.
B. When Carrier provides 2 (two) or more applicable rates on a Web
Rate Page in this Tariff, which apply via different underlying
VOCCs/NVOCCs and such Web Rate Page does NOT contain a rate for
Carrier's Regular Transit Service, the lowest rate applicable via
a specific underlying VOCC/NVOCC will be assessed, regardless of
the underlying VOCC/NVOCC Service actually utilized to transport
the shipment when Shipper fails to specify the underlying
VOCC/NVOCC service is to be utilized when Shipment is booked..
j. 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 Corporaton 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.
