RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 01MAY2026
| Effective | 01MAY2026 |
|---|---|
| Filed | 01MAY2026 |
| Filing Codes | IC |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in individual TLIs, rates named in this Tariff applying from, to or
through the U.S. or foreign Ports named in Rules 1.1 and 1.3 do NOT
include lighterage, terminal handling, wharfage, taxes, duties, dues,
customs charges or any other assessorial charges or assessments which
have been established by custom of the Port, by Port Operators or
Authorities or by national Customs Services (Except as otherwise
provided in Rules 1.2 and 1.4). All such assessorial charges assessed
against the cargo will be for the account of the Cargo, even if the
Carrier is responsible for the collection thereof.
b.1. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment, except as specified in
individual TLIs of this Tariff, or in conformity with Rule 16.
2. Except as otherwise provided below in paragraphs b.3. or i., Carrier
is not obligated to transport cargo via any particular vessel, ocean,
water, rail, motor or air carrier, or in time for any particular
market or otherwise than with reasonable dispatch and due diligence.
Selection of any underlying or inland carrier to be used for any
portion of the through transportation of cargo shall be at the sole
discretion of the Carrier.
3. When specific reference is made hereto, Rates SBJ hereto apply ONLY
when Shipper requests and Carrier guarantees transportation via a
carrier with the scheduled transit time specified in the provisions
making reference hereto.
c. Carrier reserves the right to load and transport any single shipment in
more than 1 (one) container when required by governmental regulations,
for operation exigencies or for any other reason whatsoever.
Additionally Carrier reserves the right to effect whatever splitting
or consolidation of cargo it deems most advantageous in order to make
the most efficient use of its equipment. Further 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 transport cargo on more than 1 (one) vessel
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, movement or substitution
of service shall be deemed to be within the contract of affreightment
and shall NOT be considered a deviation therefrom.
d. Carrier reserves the right to substitute rail or motor carrier
equipment for ocean carrier equipment during all or any part of the
inland portion of a through intermodal transportation service provided
under this Tariff. Except as otherwise provided in individual TLIs
(and then ONLY at Shipper's option) substitution of equipment will NOT
affect the rates or charges assessed for transportation service, NOR
shall it affect the Carrier's liability or responsibilities to the
Shipper or Consignee. Transfer, loading or other charges incurred for
such substituted equipment service shall NOT be assessed against either
the cargo, the Shipper or the Consignee, but shall be paid by the
Carrier.
e. Except when advertising matter and premiums are shipped in the same
package with the commodity it advertises, any package containing more
than 1 (one) commodity will be rated on the basis of the highest rated
article in the package.
f. Rates named in this Tariff apply ONLY to the specific commodity(s)
named and CANNOT be applied to analogous commodities. Further, unless
a rate specifically names a particular commodity, the Generic, N.O.S.
or Cargo, N.O.S. rate will apply.
g. The rates named in each specific TLI (Rate Item) of this Tariff apply
on straight or mixed shipments of the commodities named therein unless
otherwise specifically restricted.
h. Whenever a rate is provided for a specific commodity, the same rate
will also apply on parts of such commodity where so described in the
B/L, EXCEPT and unless a specific rate is provided for such parts.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS OR CO-LOADED VIA
SPECIFIC NVOCCS:
Except as otherwise provided in individual TLIs, all shipments will be
transported via Carrier's Standard Transit Service defined in Rule
2.1.II.b.3.v. When rates named in this Tariff are published to apply
via a specifically named underlying VOCC or NVOCC or via a specific
service level the following will apply:
i. When different rates applying on the same commodity, from and to the
same ports/points are published in this Tariff and the application
of the rates are based on different underlying VOCC/NVOCC or
services, selection of the underlying VOCC/NVOCC and/or the related
service level, will be strictly at the Shipper's option. Shipper
MUST specify the underlying VOCC/NVOCC or Service level desired at
the time cargo is booked with the Carrier, either orally or in
writing. If no written instructions are forwarded by the Shipper to
the Carrier, Carrier's booking records shall govern assignment of
underlying VOCC and the application of the rate assessed. If
Shipper fails or declines to specify a particular underlying
VOCC/NVOCC and/or Service Level, Carrier shall be free to select the
carrier and/or service level used for transportation that is
consistent with Carrier's obligation as a common Carrier to provide
transportation service under the terms and conditions of this Tariff
and Carrie's B/L; in such cases Freight Charges shall be assessed
pursuant to paragraph i.iv of this Rule.
ii. Shipper's selection of an underlying VOCC shall be considered
paramount and Carrier may NOT and will NOT alter Shipper's
instructions or the underlying VOCC/NVOCC and/or service level
selected, EXCEPT in the following circumstances:
A. If Carrier forwards a shipment via a different underlying
VOCC/NVOCC than specified in error, Shipper shall be assessed
freight charges based on the underlying VOCC/NVOCC or Service
level Shipper actually selected or the freight charges applicable
to the underlying VOCC/NVOCC or Service actually provided,
whichever is lower.
B. If due to an error or omission on Shipper's part, cargo is held at
Carrier's Terminal or Container Yard and is not forwarded on the
first available sailing for the underlying VOCC Service selected,
Carrier will give the Shipper the option of waiting until the next
sailing for the underlying VOCC selected or of changing the
Transit Service status of the shipment. If Shipper decides to
change the underlying VOCC service selected, freight charges shall
be assessed on the basis of the underlying VOCC via which the
shipment actually moves. In either case all charges for storage,
container shifting or reloading or shipment return, incurred as a
result of Shipper's error or ommission shall be for the account of
the Shipper.
iii. DEFINITION OF CARRIER USUAL TRANSIT SERVICE:
Under its Usual Transit Service, Carrier is not obligated to
transport cargo in any particular container or type of container or
equipment (except as specified in individual TLIs or in conformity
with Rule 16), or via any particular vessel, ocean, water, rail,
motor or air carrier, or in time for any particular market or
otherwise than with reasonable dispatch utilizing any underlying
VOCC's fixed sailing schedule(s). Selection of underlying or
inland Carriers to be utilized for all or any portion of the through
transportation of cargo shall be at the sole discretion of the
Carrier.
iv. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN UNDERLYING
VOCC/NVOCC SERVICE:
A. When Carrier publishes both an applicable rate applying via a
specified underlying VOCC/NVOCC or Service and an applicable rate
via Carriers' Usual Transit Service (i.e. any rate that does NOT
specify application via a particular underlying VOCC/NVOCC), the
rate applying via Carrier's Usual Transit Service (or
Standard Service Level when no Service Level is specified in the
applicble rate) shall be assessed, regardless of the underlying
VOCC/NVOCC Service actually utilized to transport the shipment;
B. When Carrier publishes 2 (two) or more applicable rates applying
via different underlying VOCCs/NVOCCs and has NOT published a rate
without a Carrier specified, the lowest rate applicable via a
specific underlying VOCC/NVOCC will be assessed, regardless of the
underlying VOCC/NVOCC Service actually utilized to transport the
shipment.
