RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 11JAN2014

Effective 11JAN2014
Filed 11JAN2014
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 transship cargo from 1 (one)
   vessel 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, transshipment,
   movement 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:
   Ocean Track, 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
   serviced by Ocean Track, Inc.  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 this Tariff and Carrier,
   pursuant to the provisions of paragraph 1.5.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
   Ocean Track, 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 Ocean Track, 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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