RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 09JUN2015
| Effective | 09JUN2015 |
|---|---|
| Filed | 09JUN2015 |
| Filing Codes | C |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in an individual NRA or Rate TLI named in any Tariff governed by
this Tariff, rates named in NRAs or Rate TLIs named in any Tariff
governed by 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.
b. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment (except as specified in
an individual NRA or Rate TLI named in any Tariff 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 an individual NRA or Rate
TLI named in any Tariff 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.1. 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
transporting 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
transfers, transshipments, movements or substitutions of service
shall be deemed to be within the contract of affreightment and
shall NOT be considered a deviation therefrom.
2. When Carrier provides loading Services of full containerload
shipments at its nominated Container Freight Station facilities
(i.e. "S" Service at origin - see Rule 2.1), Carrier reserves the
right to utilize any and all remaining empty space in the container
for other cargo after all Shipper's cargo has been loaded therein.
Carrier shall remove all extra Cargo from the container at
destination before the shipment is delivered to the Consignee.
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 TLI named in any Tariff governed by
this Tariff. Except as otherwise provided in an individual NRA or
Rate TLI named in any Tariff 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 any NRA or Rate TLI named in any Tariff governed by
this Tariff apply ONLY to the specific commodity(s) named and CANNOT
be applied to analogous commodities. Further, unless a rate
application specifically names a particular commodity, the Tariff
Generic, N.O.S. or Cargo, N.O.S. rate named in any Tariff governed
by this Tariff will apply.
g. The rates named in each NRA and each specific Rate TLI named in any
Tariff governed by this Tariff apply on straight or mixed shipments
of the commodities named therein unless otherwise specifically
restricted. When mixed shipments contain commodities subject to
rates named in more than 1 (one) NRA or Rate TLI, the separate rate
applicable for each commodity will be assessed, subject to the
highest minimum quantity provided for any commodity in the shipment.
h. When mixed shipments contain commodities subject to rates named in
more than 1 (one) effective NRA or Rate TLI named in any Tariff
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.
{C}
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
OR CO-LOADED VIA SPECIFIC NVOCCS:
Except as otherwise provided in individual NRAs or in TLIs named a
Tariff governed by this this Tariff, all shipments will be
transported via Carrier's Regular Transit Service defined in
Rule 2.1. When rates named in any NRA or TLI in a Tariff governed
by this Tariff are published to apply via a specifically named
underlying VOCC or co-loaded with with a specifically named NVOCC,
the following will apply:
1. When different rates applying on the same commodity, from and to
the same ports/points are published in any NRA or TLI named in a
Tariff governed by 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 its Rule and Rate Tariff Sections 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/NVOCC than specified in error, Shipper
shall be assessed freight charges based on the
underlying VOCC/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
Yard and is not forwarded on 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 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 in an NRA
or TLI in a Tariff governed by 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;
B. When Carrier provides 2 (two) or more applicable rates in
an NRA and a TLI in a Tariff governed by this Tariff which
apply via different underlying VOCCs/NVOCCs and has NOT
provided 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.
j. 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 TLI named in any Tariff governed by this
Tariff.
k. The rates named in NRAs or Rate TLIs named in a Tariff SBJ to this
Tariff, except where predicated on a specifically lower or higher
value or when predicated on an Ad Valorem Basis are SBJ to the B/L
liability limit specified in Rule 8.
