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.

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