RULE: 2.12A - DIVERSION OF CARGO (BY SHIPPER OR CONSIGNEE) Eff: 09FEB2015

Effective 09FEB2015
Filed 09FEB2015
Filing Codes IC

A request for diversion of a shipment will be considered 
as an amendment to the contract of carriage and will be 
subject to the following definitions, conditions and 
charges: 
   
A. Definition of Diversion: 
  
   A change in the original billed destination (which may 
   also include a change in Consignee, order party, or 
   both).  A change in Consignee, order party or both will 
   not be considered as diversion of cargo. 
  
B. Conditions:
  
   1. Requests must be received in writing by the carrier 
      prior to the arrival of the vessel at Discharge Port. 
      Carrier will make diligent effort to execute the 
      request but will not be responsible if such service 
      is operationally impractical or cannot be provided. 
  
   2. Cargo moving under a non-negotiable Bill of Lading 
      may be diverted at the request of shipper or 
      consignee.  Cargo moving under a negotiable Bill of 
      Lading may be diverted by any party surrendreing the
      properly endorsed original Bill of Lading. 
  
      Cargo moving under a negotiable Bill of Lading may 
      also be diverted by the shipper or consignee at the 
      carrier's sole discretion without receipt by the 
      carrier of the original negotiable Bill of Lading 
      so long as a new negotiable Bill of Lading is not 
      requested or issued by the carrier.  If a new 
      negotiable Bill of Lading must be surrendered to the 
      carrier prior to issuance of the new negotiable 
  
   3. Bill of Lading: This rule will apply to full Bill of
      Lading quantities or full container loads only. 
  
   4. A shipment may only be diverted once. 
  
      Shipper may request cancellation of the original 
      diversion request, resulting in delivery of the cargo 
      to the original billed destination, provided that 
      such request is received prior to arrival of vessel 
      at Discharge Port, and provided that all diversion 
      charges as set out in C. below, applicable to the 
      original diversion request, are paid in full prior 
      to the cancellation request being accepted by the 
      carrier.  In no instance will any refund of the 
      diversion charges be made in the event of a 
      cancellation.  Any additional expenses incurred by 
      the carrier will be for the account of the cargo. 
   
   5. Diverted shipment will be assessed the rate(s) and/or 
      charges from origin to destination to which diverted 
      in accordance with tariffs on file with the FMC. 
  
   6. Diversion charges or administrative charge are 
      payable by the party requesting the diversion. 

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