RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 12APR2011
| Effective | 12APR2011 |
|---|---|
| Filed | 12APR2011 |
| Filing Codes | I |
a. Carrier expressly reserves the right, at its sole discretion,
for any reason whatsoever and without notice, to transfer or
shift cargo in its possession 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:
Hyundai Glovis Co., Ltd. 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 1.2 or 1.4. 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 or service utilized are named in this Tariff and
Carrier forwards cargo to destination via another port
or service due to error, ommission, or pursuant to
the provisions of Rule 1.5.a., 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
Hyundai Glovis Co., Ltd. to transport cargo or furnish service for
which it does not have, or cannot obtain, suitable or sufficient
transporting equipment, nor to accept cargo when inland
carrier services are NOT available. Further nothing in
this Tariff shall be construed as creating any obligation for
Hyundai Glovis Co., Ltd. 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.
