| Effective | 24AUG1996 |
|---|---|
| Filed | 25JUL1996 |
| Filing Codes | I |
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:
Protech Shipping Co., 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 Protech Shipping Co.,
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
Protech Shipping Co., 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
Protech Shipping Co., 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.