RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 22MAY2023
| Effective | 22MAY2023 |
|---|---|
| Filed | 22MAY2023 |
| Filing Codes | IC |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in individual NRAs, or on any Web Rate Page in a Rate Tariff
governed by this Tariff, rates named in NRAs, or on a Web Rate Page
in a Rate 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
individual NRAs, or on any Web Rate Page in a Rate Tariff governed
by this Tariff, or in conformity with Rule 16), or (except as
otherwise provided in Rule 2.4) 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 Rule 2.4, or in an individual NRA, or
on a Web Rate Page in a Rate 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. 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 any NRA, or on any Web Rate Page in a Rate Tariff
governed by this Tariff. Except as otherwise provided in an
individual NRA, or on a Web Rate Page in a Rate 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 NRAs, or on Web Rate Pages in a Rate Tariff governed
by 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 NRA, or on each specific Web Rate Page in a
Rate Tariff governed by this Tariff, apply on straight or mixed
shipments of the commodities named therein unless otherwise
specifically restricted.
h. When mixed shipments contain commodities subject to rates named on
more than 1 (one) Web Rate Page in a Rate 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. This provision does NOT apply to rates
named in NRAs.
i. 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 another applicable NRA, or on a Web Rate Page in a Rate Tariff
governed by this Tariff.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
OR CO-LOADED VIA SPECIFIC NVOCCS:
Except as otherwise provided in individual NRAs or on Web Rate Pages
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 on a Web Rate Page in a
Rate Tariff governed by this Tariff, are published to apply via a
specifically named underlying VOCC or co-loaded 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 on a Web Rate
Page 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 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 in an NRA or, on a
Web Rate Page 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 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 in an NRA,
or on a Web Rate Page in a Rate Tariff governed by this Tariff,
which apply via different underlying VOCCs/NVOCCs and such NRA
or 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 Colombo Logistics
World (PVT) Limited 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 Colombo Logistics World (PVT) Limited 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.
