RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 29JUL2016
| Effective | 29JUL2016 |
|---|---|
| Filed | 29JUL2016 |
| Filing Codes | IC |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in individual NRAs, or Rate Tariff TLIs, governed by this Tariff,
rates named in NRAs, or Rate Tariff TLIs, governed by 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. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment (except as specified in
individual NRAs, or Rate Tariff TLIs, governed by this Tariff, or in
conformity with Rule 16), or (except as otherwise provided in Rule
2.4) 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. Except as otherwise provided
in Rule 2.4 or in individual NRAs, or Rate Tariff TLIs, governed by
this Tariff, 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.
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
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
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 any NRA, or Rate Tariff TLI, governed by this Tariff.
Except as otherwise provided in an individual NRA, or Rate Tariff TLI,
governed by this Tariff (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 NRAs, or Rate Tariff TLIs, governed by 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 NRA, and in each specific Rate Tariff TLI,
governed by this Tariff apply on straight or mixed shipments
of the commodities named therein unless otherwise specifically
restricted.
h. When mixed shipments contain commodities subject to rates named in
more than 1 (one) Rate Tariff TLI governed by this Tariff, the
separate rate applicable for each commodity will be assessed, subject
to the highest minimum quantity provided for any commodity in the
shipment. This provision does NOT apply to rates named in NRAs.
i. Whenever a rate is provided for a specific commodity, the same rate
will also apply on parts of such a commodity where so described in
the B/L, EXCEPT and unless a specific rate is provided for such parts
in an another applicable NRA, or Rate Tariff TLI, governed by this
Tariff.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
OR CO-LOADED VIA SPECIFIC NVOCCS:
Except as otherwise provided in individual NRAs or in TLIs named a
Tariff governed by this this Tariff, all shipments will be
transported via Carrier's Regular Transit Service defined in
Rule 2.1. When rates named in any NRA or TLI in a Tariff governed
by this Tariff are published to apply via a specifically named
underlying VOCC or co-loaded with with a specifically named NVOCC,
the following will apply:
1. When different rates applying on the same commodity, from and to
the same ports/points are published in any NRA or TLI named in a
Tariff governed by this Tariff and the application of the rates
are based on different underlying VOCC/NVOCC services, selection
of the underlying VOCC/NVOCC, and the related rate level, will be
strictly at the Shipper's option. Shipper MUST specify the
underlying VOCC/NVOCC Service desired at the time cargo is booked
with the Carrier, either orally or in writing. Or Shipper may
provide standing instructions for the use of specific underlying
VOCC/NVOCC with Carrier. 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 its Rule and Rate Tariff Sections and Carrier's
B/L; in such cases Freight Charges shall be assessed pursuant to
paragraph 1.iii of this Rule.
ii. Shipper's selection of an underlying VOCC/NVOCC shall be
considered paramount and Carrier may NOT and will NOT alter
Shipper's instructions or the underlying VOCC/NVOCC rate level
selected, EXCEPT in the following instances:
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 Service level Shipper actually
selected or the freight charges applicable to the
underlying VOCC/NVOCC 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/NVOCC Service selected,
Carrier will give the Shipper the option of
waiting until the next sailing for the underlying
VOCC/NVOCC selected or of changing the Transit Service
status of the shipment. If Shipper decides to
change the underlying VOCC/NVOCC service selected,
freight charges shall be assessed on the basis of
the underlying VOCC/NVOCC 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. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
UNDERLYING VOCC SERVICE:
A. When Carrier provides both an applicable rate in an NRA
or TLI in a Tariff governed by this Tariff which applies
via a specified underlying VOCC/NVOCC Service and an
applicable rate via Carriers' Regular Transit Service
(i.e. any rate that does NOT specify application via a
particular underlying VOCC/NVOCC), the rate applying via
Carrier's Regular Transit Service shall be assessed,
regardless of the underlying VOCC/NVOCC Service actually
utilized to transport the shipment;
B. When Carrier provides 2 (two) or more applicable rates in
an NRA and a TLI in a Tariff governed by this Tariff which
apply via different underlying VOCCs/NVOCCs and has NOT
provided a rate for Carrier's Regular Transit Service, 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.
j. Nothing in this Tariff shall be construed as requiring
One World Logistics LLC 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
One World Logistics LLC 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.
