RULE: 35 - STRIKE PROVISIONS Eff: 31JAN2022
| Effective | 31JAN2022 |
|---|---|
| Filed | 31JAN2022 |
| Filing Codes | IC |
In the event of a strike or work stoppage (including, but
not limited to, stikes, lock-outs, work stoppages or
slowdowns) at a port, wheresoever occurring, and whether
existing or anticipated before or after booking and/or
receipt of cargo, which in the judgement of the Carrier is
likely to give rise to unreasonable delay or disadvantage
to, or loss of, any or all of the cargo so received or b
booked, the Carrier shall have the right to transport
and/or transfer the cargo to or through such other port
from or to which adequate ocean transportation is provided
and available.
The rates and charges applying on such diverted cargo shall
be as provided below:
1. If transportation service has not yet commenced on cargo
booked and/or received which is scheduled to move
through a port affected by a strike or work stoppage,
the rate and charges applicable on such diverted cargo
shall be the rate and charges applying via the actual
route of movement, or in the absence of such rate and
charges, the rate and charges applicable to the scheduled
transportation movement, plus any additional diversion
charges incurred to accomplish transportation service to
destination.
2. If transportation service has not yet commenced on cargo
booked and/or received for transportation from or to
Carrier's facilities at a port affected by a strike or
work stoppage, the rate and charges applying on such
cargo shall be the rate and chares applicable to the
scheduled transportation movement plus any additional
diversion charges incurred for movement of cargo between
the affected port and the actual port of origin or
destination. Further, when arranging transportation
service from or to a diversion port, Carrier's liability
shall be strictly that of an agent acting on behalf of
Shipper or Consignee and all risk and charges for the
diversion service shall be for the account of the cargo.
Carrier's NVOCC service and liability shall commence
only from or terminate at the port from or to which the
cargo is diverted.
3. If transportation service has commenced on cargo
destined to or moving through a port affected by a
strike or work stoppage, Carrier shall make every effort
to deliver cargo to cargo's original scheduled
destination. However, all additional charges for
diversion or reconsignment (upon Shipper's or
Consignee's instructions) of cargo shall be strictly for
the account of the cargo. Further, once ocean
transportation service has been terminated by underlying
VOCC, due to strike or work stoppage at the scheduled
delivery or interchange port, Carrier's B/L liability
shall cease and when making arrangements for
transportation service to originally scheduled
destination Carrier's liability shall be strictly that
of an agent acting on behalf of Shipper or Consignee and
all risk and charges for diversion serive shall be for
the account of the cargo.
