RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 09DEC2021
| Effective | 09DEC2021 |
|---|---|
| Filed | 09DEC2021 |
| 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:
Ningbo Power International Logistics Co.,Ltd. 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, 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 utilized
are named in NRAs and 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
Ningbo Power International Logistics Co.,Ltd. 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
Ningbo Power International Logistics Co.,Ltd. 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.
