RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 08AUG2011
| Effective | 08AUG2011 |
|---|---|
| Filed | 08AUG2011 |
| 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:
Island Shipping LLC. reserves the right at its option
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
Island Shipping LLC. 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 inland carrier
services are NOT available. Further nothing in this
Tariff shall be construed as creating any obligation for
Island Shipping 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 the Shipping Act of 1984.
