RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 28FEB2012
| Effective | 28FEB2012 |
|---|---|
| Filed | 28FEB2012 |
| Filing Codes | I |
a. Except as otherwise specifically provided in the Rules
of this Tariff or in individual TLIs, rates named in
this Tariff applying from, to or through the U.S. or
foreign Ports named in Rules 1.1 and 1.3 do NOT include
lighterage, terminal handling, wharfage, taxes, duties,
dues, customs charges or any other assessorial charges
or assessments which have been established by custom of
the Port, by Port Operators or Authorities or by
national Customs Services (Except as otherwise provided
in Rules 1.2 and 1.4). All such assessorial charges
assessed against the cargo will be for the account of
the Cargo, even if the Carrier is responsible for the
collection thereof.
b.1. Carrier is NOT obligated to transport cargo in any
particular container or type of container or
equipment, except as specified in individual TLIs of
this Tariff, or in conformity with Rule 16.
2. Except as otherwise provided below in paragraphs b.3.
or i., Carrier is not obligated to transport cargo via
any particular vessel, ocean, water, rail, motor or
air carrier, or in time for any particular market or
otherwise than with reasonable dispatch and due
diligence. Selection of any underlying or inland
carrier to be used for any portion of the through
transportation of cargo shall be at the sole
discretion of the Carrier.
3. When specific reference is made hereto, Rates SBJ
hereto apply ONLY when Shipper requests and Carrier
guarantees transportation via a carrier with the
scheduled transit time specified in the provisions
making reference hereto.
c. Carrier reserves the right to load and transport any
single shipment in more than 1 (one) container when
required by governmental regulations, for operation
exigencies or for any other reason whatsoever.
Additionally Carrier reserves the right to effect
whatever splitting or consolidation of cargo it deems
most advantageous in order to make the most efficient
use of its equipment. Further 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
transport cargo on more than 1 (one) vessel 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, movement or substitution of service shall
be deemed to be within the contract of affreightment and
shall NOT be considered a deviation therefrom.
d. Carrier reserves the right to substitute rail or motor
carrier equipment for ocean carrier equipment during all
or any part of the inland portion of a through
intermodal transportation service provided under this
Tariff. Except as otherwise provided in individual TLIs
(and then ONLY at Shipper's option) substitution of
equipment will NOT affect the rates or charges assessed
for transportation service, NOR shall it affect the
Carrier's liability or responsibilities to the Shipper
or Consignee. Transfer, loading or other charges
incurred for such substituted equipment service shall
NOT be assessed against either the cargo, the Shipper or
the Consignee, but shall be paid by the Carrier.
e. Except when advertising matter and premiums are shipped
in the same package with the commodity it advertises,
any package containing more than 1 (one) commodity will
be rated on the basis of the highest rated article in
the package.
f. Rates named in this Tariff apply ONLY to the specific
commodity(s) named and CANNOT be applied to analogous
commodities. Further, unless a rate specifically names
a particular commodity, the Generic, N.O.S. or Cargo,
N.O.S. rate will apply.
g. The rates named in each specific TLI (Rate Item) of this
Tariff apply on straight or mixed shipments of the
commodities named therein unless otherwise specifically
restricted.
h. Whenever a rate is provided for a specific commodity,
the same rate will also apply on parts of such commodity
where so described in the B/L, EXCEPT and unless a
specific rate is provided for such parts.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS:
Except as otherwise provided in individual TLIs, all
shipments will be transported via Carrier's Standard
Transit Service defined in paragraph i.iii below. When
rates named in this Tariff are published to apply via a
specifically named underlying VOCC the following will
apply:
i. When different rates applying on the same commodity,
from and to the same ports/points are published in
in this Tariff and the application of the rates are
based on different underlying VOCC services,
selection of the underlying VOCC, and the related
rate level, will be strictly at the Shipper's option.
Shipper MUST specify the underlying VOCC Service
desired at the time cargo is booked with the Carrier,
either orally or in writing. If no written
instructions are forwarded by the Shipper to the
Carrier, Carrier's booking records shall govern
assignment of underlying VOCC and the application of
the rate assessed.
ii. Shipper's selection of an underlying VOCC shall be
considered paramount and Carrier may NOT and will NOT
alter Shipper's instructions or the underlying
VOCC/rate level selected, EXCEPT in the following
instances:
A. If Carrier forwards a shipment via a different
underlying VOCC than specified in error, Shipper
shall be assessed freight charges based on the
underlying VOCC Service level Shipper actually
selected or the freight charges applicable to the
underlying VOCC Service actually provided,
whichever is lower.
B. If due to an error or omission on Shipper's part,
cargo is held at Carrier's Terminal or Container
Yard and is not forwarded on the first available
sailing for the underlying VOCC Service selected,
Carrier will give the Shipper the option of
waiting until the next sailing for the underlying
VOCC selected or of changing the Transit Service
status of the shipment. If Shipper decides to
change the underlying VOCC service selected,
freight charges shall be assessed on the basis of
the underlying VOCC via which the shipment
actually moves. In either case all charges for
storage, container shifting or reloading or
shipment return, incurred as a result of Shipper's
error or ommission shall be for the account of the
Shipper.
iii. DEFINITION OF CARRIER STANDARD TRANSIT SERVICE:
Under its Standard Transit Service Carrier is not
obligated to transport cargo in any particular
container or type of container or equipment (except
as specified in individual TLIs or in conformity with
Rule 16), or via any particular vessel, ocean, water,
rail, motor or air carrier, or in time for any
particular market or otherwise than with reasonable
dispatch utilizing any underlying VOCC's fixed
sailing schedule(s). Selection of underlying or
inland Carriers to be utilized for all or any portion
of the through transportation of cargo shall be at
the sole discretion of the Carrier.
iv. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY
AN UNDERLYING VOCC SERVICE:
A. When Carrier publishes both an applicable rate
applying via a specified underlying VOCC Service
and an applicable rate via Carriers' Standard
Transit Service (i.e. any rate that does NOT
specify application via a particular underlying
VOCC), the rate applying via Carrier's Standard
Transit Service shall be assessed, regardless of
the underlying VOCC Service actually utilized to
transport the shipment;
B. When Carrier publishes 2 (two) or more applicable
rates applying via different underlying VOCCs and
has NOT published a rate for Carrier's Standard
Transit Service, the lowest rate applicable via a
specific underlying VOCC will be assessed,
regardless of the underlying VOCC Service actually
utilized to transport the shipment.
