RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 31JAN2022

Effective 31JAN2022
Filed 31JAN2022
Filing Codes IC

a. Except as otherwise specifically provided in the Rules of this Tariff
   or in individual NRAs, or on any Web Rate Page in a Rate Tariff
   governed by this Tariff, rates named in NRAs, or on a Web Rate Page
   in a Rate Tariff, governed by 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. Carrier is NOT obligated to transport cargo in any particular
   container or type of container or equipment (except as specified in
   individual NRAs, or on any Web Rate Page in a Rate Tariff governed
   by this Tariff, or in conformity with Rule 16), or (except as
   otherwise provided in Rule 2.4) 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.
   Except as otherwise provided in Rule 2.4 or in an individual NRA, or
   on a Web Rate Page in a Rate Tariff TLIs governed by this Tariff,
   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.
     
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
   transship cargo from 1 (one) vessel 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, transshipment, 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 any NRA, or on any Web Rate Page in a Rate Tariff
   governed by this Tariff.  Except as otherwise provided in an
   individual NRA, or on a Web Rate Page in a Rate Tariff governed by
   this Tariff (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 NRAs, or on Web Rate Pages in a Rate Tariff governed
   by 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 NRA, or on each specific Web Rate Page in a
   Rate Tariff governed by this Tariff apply on straight or mixed
   shipments of the commodities named therein unless otherwise
   specifically restricted.
    
h. When mixed shipments contain commodities subject to rates named on
   more than 1 (one) Web Rate Page in a Rate Tariff governed by this
   Tariff, the separate rate applicable for each commodity will be
   assessed, subject to the highest minimum quantity provided for any
   commodity in the shipment.  This provision does NOT apply to rates
   named in NRAs.
     
i. Whenever a rate is provided for a specific commodity, the same rate
   will also apply on parts of such a commodity where so described in
   the B/L, EXCEPT and unless a specific rate is provided for such parts
   in an another applicable NRA, or on a Web Rate Page in a Rate Tariff
   governed by this Tariff.
          
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
     OR CO-LOADED VIA SPECIFIC NVOCCS:
   Except as otherwise provided in individual NRAs or in TLIs named a
   Tariff governed by this this Tariff, all shipments will be
   transported via Carrier's Regular Transit Service defined in
   Rule 2.1.  When rates named in any NRA or on a Web Rate Page in a
   Rate Tariff governed by this Tariff are published to apply via a
   specifically named underlying VOCC or co-loaded with with a
   specifically named NVOCC, the following will apply:
    
   1. When different rates applying on the same commodity, from and to
      the same ports/points are published in any NRA or on a Web Rate
      Page in a Tariff governed by this Tariff and the application of
      the rates are based on different underlying VOCC/NVOCC services,
      selection of the underlying VOCC/NVOCC, and the related rate
      level, will be strictly at the Shipper's option.  Shipper MUST
      specify the underlying VOCC/NVOCC Service desired at the time
      cargo is booked with the Carrier, either orally or in writing.
      Or Shipper may provide standing instructions for the use of
      specific underlying VOCC/NVOCC with Carrier.  If Shipper fails or
      declines to specify a particular underlying VOCC/NVOCC and/or
      Service Level, Carrier shall be free to select the carrier and/or
      service level used for transportation that is consistent with
      Carrier's obligation as a common Carrier to provide
      transportation service under the terms and conditions of its
      Rules and Rate Tariffs and Carrier's B/L; in such cases Freight
      Charges shall be assessed pursuant to paragraph 1.iii of this
      Rule.
    
  ii. Shipper's selection of an underlying VOCC/NVOCC shall be
      considered paramount and Carrier may NOT and will NOT alter
      Shipper's instructions or the underlying VOCC/NVOCC rate level
      selected, EXCEPT in the following instances:
   
      A. If Carrier forwards a shipment via a different
         underlying VOCC/NVOCC than specified in error, Shipper
         shall be assessed freight charges based on the
         underlying VOCC/NVOCC Service level Shipper actually
         selected or the freight charges applicable to the
         underlying VOCC/NVOCC 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/NVOCC Service selected,
         Carrier will give the Shipper the option of
         waiting until the next sailing for the underlying
         VOCC/NVOCC selected or of changing the Transit Service
         status of the shipment.  If Shipper decides to
         change the underlying VOCC/NVOCC service selected,
         freight charges shall be assessed on the basis of
         the underlying VOCC/NVOCC 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. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
      UNDERLYING VOCC SERVICE: 
     
      A. When Carrier provides both an applicable rate in an NRA
         or on a Web Rate Page in a Tariff governed by this Tariff
         which applies via a specified underlying VOCC/NVOCC
         Service and an applicable rate via Carriers' Regular
         Transit Service (i.e. any rate that does NOT specify
         application via a particular underlying VOCC/NVOCC), the
         rate applying via Carrier's Regular Transit Service shall
         be assessed, regardless of the underlying VOCC/NVOCC
         Service actually utilized to transport the shipment;
      
      B. When Carrier provides 2 (two) or more applicable rates in
         an NRA or on a Web Rate Page in a Rate Tariff governed by
         this Tariff which apply via different underlying VOCCs/NVOCCs
         and has NOT provided a rate for Carrier's Regular Transit
         Service, the lowest rate applicable via a specific underlying
         VOCC/NVOCC will be assessed, regardless of the underlying
         VOCC/NVOCC Service actually utilized to transport the
         shipment.
     
j. 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.

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