RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 27OCT2018

Effective 27OCT2018
Filed 27OCT2018
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 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:
   Peters & May USA, Inc. d/b/a Compass Marine 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 any governed NSA 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
   Peters & May USA, Inc. d/b/a Compass Marine 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 Peters & May USA, Inc. d/b/a Compass
   Marine 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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