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.
