RULE: 35 - STRIKE PROVISIONS Eff: 14MAY2024
| Effective | 14MAY2024 |
|---|---|
| Filed | 14MAY2024 |
| Filing Codes | IC |
In the event of a strike or work stoppage (including, but not limited to,
stikes, lock-outs, work stoppages or slowdowns) at a port, wheresoever
occurring, and whether existing or anticipated before or after booking
and/or receipt of cargo, which in the judgement of the Carrier is likely to
give rise to unreasonable delay or disadvantage to, or loss of, any or all
of the cargo so received or booked, the Carrier shall have the right to
transport and/or transfer the cargo to or through such other port from or
to which adequate ocean transportation is provided and available.
The rates and charges applying on such diverted cargo shall be as provided
below:
1. If transportation service has not yet commenced on cargo booked and/or
received which is scheduled to move through a port affected by a strike
or work stoppage, the rate and charges applicable on such diverted cargo
shall be the rate and charges applying via the actual route of movement,
or in the absence of such rate and charges, the rate and charges
applicable to the scheduled transportation movement, plus any additional
diversion charges incurred to accomplish transportation service to
destination.
2. If transportation service has not yet commenced on cargo booked and/or
received for transportation from or to Carrier's facilities at a port
affected by a strike or work stoppage, the rate and charges applying on
such cargo shall be the rate and chares applicable to the scheduled
transportation movement plus any additional diversion charges incurred
for movement of cargo between the affected port and the actual port of
origin or destination. Further, when arranging transportation service
from or to a diversion port, Carrier's liability shall be strictly that
of an agent acting on behalf of Shipper or Consignee and all risk and
charges for the diversion service shall be for the account of the cargo.
Carrier's NVOCC service and liability shall commence only from or
terminate at the port from or to which the cargo is diverted.
3. If transportation service has commenced on cargo destined to or moving
through a port affected by a strike or work stoppage, Carrier shall make
every effort to deliver cargo to cargo's original scheduled destination.
However, all additional charges for diversion or reconsignment (upon
Shipper's or Consignee's instructions) of cargo shall be strictly for
the account of the cargo. Further, once ocean transportation service
has been terminated by underlying VOCC, due to strike or work stoppage
at the scheduled delivery or interchange port, Carrier's B/L liability
shall cease and when making arrangements for transportation service to
originally scheduled destination Carrier's liability shall be strictly
that of an agent acting on behalf of Shipper or Consignee and all risk
and charges for diversion serive shall be for the account of the cargo.
