RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 17AUG2020
| Effective | 17AUG2020 |
|---|---|
| Filed | 17AUG2020 |
| 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 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:
Hawthorne Logistics LLC 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 1.1 or 1.3. 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 NRAs and Rate Tariffs governed by this Tariff and Carrier,
pursuant to the provisions of paragraph 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 Hawthorne
Logistics LLC to transport cargo or furnish service for which it 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 vailable.
Further nothing in this Tariff shall be construed as creating any
obligation for Hawthorne Logistics LLC 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 and the Shipping Act of 1984.
