RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 01SEP2021
| Effective | 01SEP2021 |
|---|---|
| Filed | 01SEP2021 |
| 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:
Shenzhen C-Ocean International Shipping Company Limited 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 1.1 or 1.3.
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 NRAs and Rate Tariffs governed by this Tariff and Carrier,
pursuant to the provisions of paragraph 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 Shenzhen C-Ocean
International Shipping Company Limited to transport cargo or furnish
service for which it 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 Shenzhen C-Ocean International
Shipping Company Limited 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.
