RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 12MAR2009
| Effective | 12MAR2009 |
|---|---|
| Filed | 12MAR2009 |
| 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)
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:
OK To Ship, 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 1.2 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
OK To Ship, Inc. 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
OK To Ship, 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.
