RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 01JAN2019
| Effective | 01JAN2019 |
|---|---|
| Filed | 01JAN2019 |
| Filing Codes | IC |
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 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 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:
Demo Tariff Lines, Inc. 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 serviced by Demo Tariff Lines, Inc. 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 utilized are named in a governed NSA and Carrier,
pursuant to the provisions of paragraph 1.5.a. above,
forwards cargo to destination via alternate or
substituted port service, 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 or in any governed NSA shall be
construed as requiring Demo Tariff Lines, Inc. 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 or in any governed NSA shall be construed as creating
any obligation for Demo Tariff Lines, Inc. 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.
