RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 20JUL2019

Effective 20JUL2019
Filed 20JUL2019
Filing Codes C

a. Except as otherwise specifically provided in the Rules of this Tariff
   or in individual NRAs, or on any Web Rate Page in this Tariff,
   rates named in NRAs, or on a Web Rate Page in this Tariff, applying 
   from, to or through the U.S. or foreign Ports named in Rules 1.1 and
   1.3 do NOT include lighterage, terminal handling, wharfage, taxes, 
   duties, dues, customs charges or any other assessorial charges or 
   assessments which have been established by custom of the Port, by 
   Port Operators or Authorities or by national Customs Services 
   (Except as otherwise provided in Rules 1.2 and 1.4).  All such 
   assessorial charges assessed against the cargo will be for the 
   account of the Cargo, even if the Carrier is responsible for the 
   collection thereof.
    
b.1. Carrier is NOT obligated to transport cargo in any
     particular container or type of container or
     equipment, except as specified in individual TLIs of
     this Tariff, or in conformity with Rule 16.
   
  2. Except as otherwise provided below in paragraphs b.3.
     or i., Carrier is not obligated to transport cargo via
     any particular vessel, ocean, water, rail, motor or
     air carrier, or in time for any particular market or
     otherwise than with reasonable dispatch and due
     diligence.  Selection of any underlying or inland
     carrier to be used for any portion of the through
     transportation of cargo shall be at the sole
     discretion of the Carrier.
      
  3. When specific reference is made hereto, Rates SBJ
     hereto apply ONLY when Shipper requests and Carrier
     guarantees transportation via a carrier with the
     scheduled transit time specified in the provisions
     making reference hereto.
     
c. Carrier reserves the right to load and transport any
   single shipment in more than 1 (one) container when
   required by governmental regulations, for operation
   exigencies or for any other reason whatsoever.
   Additionally  Carrier reserves the right to effect
   whatever splitting or consolidation of cargo it deems
   most advantageous in order to make the most efficient
   use of its equipment.  Further 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
   transport cargo on more than 1 (one) vessel 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, movement or substitution of service shall
   be deemed to be within the contract of affreightment and
   shall NOT be considered a deviation therefrom.
     
d. Carrier reserves the right to substitute rail or motor carrier
   equipment for ocean carrier equipment during all or any part of the
   inland portion of a through intermodal transportation service
   provided under any NRA, or on any Web Rate Page in this Tariff.
   Except as otherwise provided in an individual NRA, or on a Web 
   Rate Page in this Tariff (and then ONLY at Shipper's option) 
   substitution of equipment will NOT affect the rates or charges 
   assessed for transportation service, NOR shall it affect the 
   Carrier's liability or responsibilities to the Shipper or Consignee.
   Transfer, loading or other charges incurred for such substituted 
   equipment service shall NOT be assessed against either the cargo,
   the Shipper or the Consignee, but shall be paid by the Carrier.
     
e. Except when advertising matter and premiums are shipped
   in the same package with the commodity it advertises,
   any package containing more than 1 (one) commodity will
   be rated on the basis of the highest rated article in
   the package.
     
f. Rates named in NRAs, or on Web Rate Pages in this Tariff apply ONLY
   to the specific commodity(s) named and CANNOT be applied to 
   analogous commodities.  Further, unless a rate specifically names 
   a particular commodity, the Generic, N.O.S. or Cargo, N.O.S. rate
   will apply.
     
g. The rates named in each NRA, or on each specific Web Rate Page in
   this Tariff apply on straight or mixed shipments of the commodities
   named therein unless otherwise specifically restricted.
     
h. When mixed shipments contain commodities subject to rates named on
   more than 1 (one) Web Rate Page in this Tariff, the separate rate
   applicable for each commodity will be assessed, subject to the
   highest minimum quantity provided for any commodity in the 
   shipment.  This provision does NOT apply to rates named in NRAs.
     
i. Whenever a rate is provided for a specific commodity, the same rate
   will also apply on parts of such a commodity where so described in
   the B/L, EXCEPT and unless a specific rate is provided for such parts
   in an another applicable NRA, or on a Web Rate Page in this Tariff.
          
j. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
     OR CO-LOADED VIA SPECIFIC NVOCCS:
   Except as otherwise provided in individual NRAs or in TLIs named
   in this Tariff, all shipments will be transported via Carrier's
   Regular Transit Service defined in Rule 2.1.  When rates named in
   any NRA or on a Web Rate Page in this Tariff, are published to 
   apply via a specifically named underlying VOCC or co-loaded with 
   with a specifically named NVOCC, the following will apply:
    
   1. When different rates applying on the same commodity, from and to
      the same ports/points are published in any NRA or on a Web Rate
      Page in this Tariff and the application of the rates are based
      on different underlying VOCC/NVOCC services, selection of the
      underlying VOCC/NVOCC, and the related rate level, will be
      strictly at the Shipper's option.  Shipper MUST specify the
      underlying VOCC/NVOCC Service desired at the time cargo is
      booked with the Carrier, either orally or in writing.  Or 
      Shipper may provide standing instructions for the use of
      specific underlying VOCC/NVOCC with Carrier.  If Shipper fails or
      declines to specify a particular underlying VOCC/NVOCC and/or
      Service Level, Carrier shall be free to select the carrier and/or
      service level used for transportation that is consistent with
      Carrier's obligation as a common Carrier to provide
      transportation service under the terms and conditions of its
      Rules and Rate Tariffs and Carrier's B/L; in such cases Freight
      Charges shall be assessed pursuant to paragraph 1.iii of this
      Rule.
    
  ii. Shipper's selection of an underlying VOCC/NVOCC shall be
      considered paramount and Carrier may NOT and will NOT alter
      Shipper's instructions or the underlying VOCC/NVOCC rate level
      selected, EXCEPT in the following instances:
   
      A. If Carrier forwards a shipment via a different
         underlying VOCC/NVOCC than specified in error, Shipper
         shall be assessed freight charges based on the
         underlying VOCC/NVOCC Service level Shipper actually
         selected or the freight charges applicable to the
         underlying VOCC/NVOCC Service actually provided,
         whichever is lower.
    
      B. If due to an error or omission on Shipper's part, 
         cargo is held at Carrier's Terminal or Container
         Yard and is not forwarded on the first available
         sailing for the underlying VOCC/NVOCC Service selected,
         Carrier will give the Shipper the option of
         waiting until the next sailing for the underlying
         VOCC/NVOCC selected or of changing the Transit Service
         status of the shipment.  If Shipper decides to
         change the underlying VOCC/NVOCC service selected,
         freight charges shall be assessed on the basis of
         the underlying VOCC/NVOCC via which the shipment
         actually moves.  In either case all charges for
         storage, container shifting or reloading or
         shipment return, incurred as a result of Shipper's
         error or ommission shall be for the account of the
         Shipper.
   
 iii. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
      UNDERLYING VOCC SERVICE: 
     
      A. When Carrier provides both an applicable rate in an NRA
         or on a Web Rate Page in a Tariff governed by this Tariff
         which applies via a specified underlying VOCC/NVOCC
         Service and an applicable rate via Carriers' Regular
         Transit Service (i.e. any rate that does NOT specify
         application via a particular underlying VOCC/NVOCC), the
         rate applying via Carrier's Regular Transit Service shall
         be assessed, regardless of the underlying VOCC/NVOCC
         Service actually utilized to transport the shipment;
      
      B. When Carrier provides 2 (two) or more applicable rates in
         an NRA or on a Web Rate Page in a Rate Tariff governed by
         this Tariff which apply via different underlying VOCCs/NVOCCs
         and has NOT provided a rate for Carrier's Regular Transit
         Service, the lowest rate applicable via a specific underlying
         VOCC/NVOCC will be assessed, regardless of the underlying
         VOCC/NVOCC Service actually utilized to transport the
         shipment.
     
k. 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.

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