RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 17JUN1994
| Effective | 17JUN1994 |
|---|---|
| Filed | 24MAR1994 |
| Filing Codes | C |
a. Except as otherwise specifically provided in the Rules
of this Tariff or in individual TLIs, rates named in
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 TLIs of 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. 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 its 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 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 this
Tariff. Except as otherwise provided in individual TLIs
(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 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 specific TLI (Rate Item) of 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) 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. Whenever a rate is provided for a specific commodity,
the same rate will also apply on parts of such commodity
where so described in the B/L, EXCEPT and unless a
specific rate is provided for such parts.
i. 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.
