RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 04APR2018
| Effective | 04APR2018 |
|---|---|
| Filed | 04APR2018 |
| Filing Codes | I |
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.1. 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.
2. Except as otherwise provided below in paragraphs b.3.
or i., Carrier is not obligated to transport cargo via
any particular vessel, rail, motor or air carrier, or
in time for any particular market or otherwise than
with reasonable dispatch and due diligence. Selection
of any vessel 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
transport cargo on more than 1 (one) vessel 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, 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.
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.
