RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 09MAR2017

Effective 09MAR2017
Filed 09MAR2017
Filing Codes IC

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:
   Brilliant Group Logistics Corp. 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 individual NRAs or in Tariffs
   governed by this Tariff and Carrier forwards cargo to
   destination via another port or via another service due to
   error, ommission, or pursuant to the provisions of Rule
   1.5.a., freight and charges shall be assessed based on the
   transportation route or service 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, in NRAs or Tariffs governed by this
   Tariff, shall be construed as requiring Brilliant Group
   Logistics Corp. 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, in NRAs or Tariffs governed by this
   Tariff shall be construed as creating any obligation for
   Brilliant Group Logistics Corp. 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 of 1984.

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