RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 09JUL2012
| Effective | 09JUL2012 |
|---|---|
| Filed | 09JUL2012 |
| 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 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: Seaway
International 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 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 this Tariff 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
Seaway International 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
Seaway International 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.
