RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 02JUN2008

Effective 02JUN2008
Filed 02JUN2008
Filing Codes I

a. 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 shift cargo from 1 (one)
   underlying vessel operating common carrier 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, shifting or substitution shall be
   deemed to be within the contract of affreightment and
   shall NOT be considered a deviation therefrom.
     
b. Alternate or Substituted Service between Ports:
   Eternal Asia Supply Chain Management (USA) Corp.
   reserves the right to transfer cargo to alternate or
   substitute ports of service by trucking, rail, or any
   other means of transportation deemed appropriate by the
   Carrier, within the range of ports named in Rule 1.2 or
   1.4.  Except as otherwise provided below, such
   substituted service or transfer arrangements shall NOT
   result either directly or indirectly in any lessening or
   increasing of the cost or expense which the Shipper
   would have borne had the cargo moved from, to or through
   the port(s) originally intended.
     
c. When rates differentiated ONLY by the transportation
   route or service utilized are named in this Tariff and
   Carrier forwards cargo to destination via another port
   or service due to error, ommission, or pursuant to
   the provisions of Rule 1.5.a., freight charges shall be
   assessed based on the transportation route selected by
   the Shipper or Consignee, or the freight charges
   applicable via the actual route of movement, whichever
   is lower.
     
d. Nothing in this Tariff shall be construed as requiring
   Eternal Asia Supply Chain Management (USA) Corp. 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 Eternal Asia Supply Chain Management (USA) Corp. 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.
     
e. 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.

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