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.
