RULE: 35 - STRIKE PROVISIONS Eff: 22MAY2023

Effective 22MAY2023
Filed 22MAY2023
Filing Codes IC

In the event of a strike or work stoppage (including, but not limited to,
stikes, lock-outs, work stoppages or slowdowns) at a port, wheresoever
occurring, and whether existing or anticipated before or after booking
and/or receipt of cargo, which in the judgement of the Carrier is likely to
give rise to unreasonable delay or disadvantage to, or loss of, any or all
of the cargo so received or booked, the Carrier shall have the right to
transport and/or transfer the cargo to or through such other port from or
to which adequate ocean transportation is provided and available.
             
The rates and charges applying on such diverted cargo shall be as provided
below:
        
1. If transportation service has not yet commenced on cargo booked and/or
   received which is scheduled to move through a port affected by a strike
   or work stoppage, the rate and charges applicable on such diverted cargo
   shall be the rate and charges applying via the actual route of movement,
   or in the absence of such rate and charges, the rate and charges
   applicable to the scheduled transportation movement, plus any additional
   diversion charges incurred to accomplish transportation service to
   destination.
          
2. If transportation service has not yet commenced on cargo booked and/or
   received for transportation from or to Carrier's facilities at a port
   affected by a strike or work stoppage, the rate and charges applying on
   such cargo shall be the rate and chares applicable to the scheduled
   transportation movement plus any additional diversion charges incurred
   for movement of cargo between the affected port and the actual port of
   origin or destination.  Further, when arranging transportation service
   from or to a diversion port, Carrier's liability shall be strictly that
   of an agent acting on behalf of Shipper or Consignee and all risk and
   charges for the diversion service shall be for the account of the cargo.
   Carrier's NVOCC service and liability shall commence only from or
   terminate at the port from or to which the cargo is diverted.
          
3. If transportation service has commenced on cargo destined to or moving
   through a port affected by a strike or work stoppage, Carrier shall make
   every effort to deliver cargo to cargo's original scheduled destination.
   However, all additional charges for diversion or reconsignment (upon
   Shipper's or Consignee's instructions) of cargo shall be strictly for
   the account of the cargo.  Further, once ocean transportation service
   has been terminated by underlying VOCC, due to strike or work stoppage
   at the scheduled delivery or interchange port, Carrier's B/L liability
   shall cease and when making arrangements for transportation service to
   originally scheduled destination Carrier's liability shall be strictly
   that of an agent acting on behalf of Shipper or Consignee and all risk
   and charges for diversion serive shall be for the account of the cargo.

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