RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 31JAN2022

Effective 31JAN2022
Filed 31JAN2022
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:
   Skytrans Express, 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 1.1 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 Skytrans
   Express, Inc. 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 Skytrans Express, 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.

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