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.

Table Of Contents