RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 14MAR2020
| Effective | 14MAR2020 |
|---|---|
| Filed | 14MAR2020 |
| Filing Codes | C |
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:
J.D. Brokers & Forwarding Company d/b/a JDBF Worldwide
Logistics 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 Rules 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
J.D. Brokers & Forwarding Company d/b/a JDBF Worldwide
Logistics 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 J.D. Brokers & Forwarding Company d/b/a JDBF Worldwide
Logistics 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 or abort any outstanding
booking, service or contract in conformity with Federal
Maritime Regulations and the Shipping Act of 1984.
