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.
