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.
