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