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.
