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.
