RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 22FEB2006

Effective 22FEB2006
Filed 22FEB2006
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) 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, 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:
   Happy International 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 serviced by Happy International Corp.
   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 this Tariff 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 shall be construed as requiring
   Happy International 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
   Happy International 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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