RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 01JAN2019

Effective 01JAN2019
Filed 01JAN2019
Filing Codes IC

a. Except as otherwise specifically provided in the Rules
   of this Tariff or in individual NSAs, rates named in any
   governed NSA 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 NSAs governed hereby,
   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
   transfer 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, 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 or a governed NSA.  Except as otherwise provided
   in individual governed NSAs (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 any governed NSA 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 applicable Generic, N.O.S. or
   Cargo, N.O.S. rate will apply.
     
g. The rates named in each specific NSA governed by 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 one applicable rate
   application, 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. TRANSIT TIME SERVICE DESCRIPTIONS: Except as otherwise
   provided in an individual NSA, all shipments will be
   transported via Carrier's Standard Transit Service as
   defined below.  When rates named in a governed NSA are
   specifically published to apply via one of the other
   Transit Services defined below the following will apply:
    
  i. When different rates applying on the same commodity, 
     from and to the same ports/points are published in a
     governed NSA and the application of the rates are based
     on different Transit Service levels, selection of
     Transit Service and the related rate level will be
     strictly at the Shipper's option.  Shipper MUST
     specify Transit Service desired at the time cargo is
     booked with the Carrier, either orally or in writing.
     If no written instructions are forwarded by the
     Shipper to the Carrier, Carrier's booking records
     shall govern assignment of Transit Service level and
     application of rate.
    
 ii. Shipper's selection of a Transit Service level option
     shall be considered paramount and Carrier will NOT
     alter Shipper's instructions or the Transit
     Service/rate level selected, EXCEPT in the following
     instances:
   
   1. If Carrier forwards a shipment via a faster or higher
      rated Transit Service in error, Shipper shall be 
      assessed freight charges based on the Transit Service
      level Shipper actually selected or the freight
      charges applicable to the Transit Service actually
      provided, whichever is lower.
    
   2. If due to an error or omission on Shipper's part, 
      cargo is held at Carrier's Terminal or Container Yard
      and is not forwarded on the first available sailing 
      for the Transit Service selected, Carrier will give 
      the Shipper the option of waiting until the next 
      sailing for the Transit Service selected or of 
      changing the Transit Service status of the shipment.
      If Shipper decides to change the Transit Service 
      selected, freight charges shall be assessed on the 
      basis of the Transit Service via which the shipment
      actually moves.  In either case all charges for 
      storage, container shifting or reloading or shipment 
      return, incurred as a result of Shipper's error or 
      ommission shall be for the account of the Shipper.
   
iii. DEFINITION OF TRANSIT SERVICE LEVELS:
     See Rule 2.1.I.    

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