RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 19JUL1998
| Effective | 19JUL1998 |
|---|---|
| Filed | 19JUN1998 |
| 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:
International Communication & Transport Inc. 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 International
Communication & Transport Inc. 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
International Communication & Transport Inc. 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 International Communication &
Transport Inc. 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.
