RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 06MAY2022

Effective 06MAY2022
Filed 06MAY2022
Filing Codes IC

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) underlying vessel operating common carrier 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:
   JCL Express 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 named in Rule 1.1 or 1.3.  Except as otherwise provided below or
   in Rule 35, 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 booked and intended.
     
c. When rates differentiated ONLY by the transportation route utilized
   are named in NRAs or Rate Tariffs governed by this Tariff and
   Carrier, pursuant to the provisions of paragraph 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 JCL Express Inc.
   to transport cargo or furnish service for which it 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 JCL
   Express 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.

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