RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 20MAY2020

Effective 20MAY2020
Filed 20MAY2020
Filing Codes I

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:
   Smart Cargo 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 Rules 1.2
   or 1.4.  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 or service utilized are named in this Tariff and
   Carrier forwards cargo to destination via another port
   or service due to error, ommission, or pursuant to
   the provisions of Rule 1.5.a., 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
   Smart Cargo Inc to transport cargo or furnish service for
   which is 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 Smart Cargo 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 or abort any outstanding
   booking, service or contract in conformity with Federal
   Maritime Regulations and the Shipping Act of 1984.

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