Effective	14AUG2023
Filed	14AUG2023
Filing Codes	C

Control No. 23-03613
  
a.i. Except as otherwise specifically provided in the Rules or this Tariff
     or on individual Web Rate Pages, rates named in 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.
   
  ii. Additionally, Carrier will not provide delivery, or release, of cargo
     moving under the terms, conditions and rates named in this Tariff to
     the Consignee until all advanced charges, or charges for Detention,
     Demurrage or Storage have been paid or guanateed in full, UNLESS
     Smartlink (U.S.A.), Inc. has incurred or is responsible for the
     assessment of such charges.
  
b. Carrier is NOT obligated to transport cargo in any particular Container
   or type of Container or equipment (except as specified on a Web Rate
   Page in this Rate 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 on a Web Rate Page in 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 equipment under its control.  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 this
   Tariff.  Except as otherwise provided on individual Web Rate Pages (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 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 on each specific Web Rate Page of this Tariff apply on
   straight or mixed shipments of the commodities named therein unless
   otherwise specifically restricted.
  
h. Whenever a rate is provided for a specific commodity, the same rate will
   also apply on parts of such commodity where so described in the B/L,
   EXCEPT and unless a specific rate is provided for such parts.
    
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
     OR CO-LOADED VIA SPECIFIC NVOCCS:
   Except as otherwise provided on individual Web Rate Pages, all shipments
   will be transported via Carrier's Standard Transit Service defined in
   paragraph i.iii below. When rates named in this Tariff are published to
   apply via a specifically named underlying VOCC co-loaded with a
   specifically named NVOCC, the following will apply:
  
   i. When different rates applying on the same commodity, from and to the
      same ports/points are published on a Web Rate Page in 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 these Rules and governed 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, or
         coloads with a different NVOCC, than specified by Shipper in
         error, Shipper shall be assessed freight charges based on the
         underlying VOCC, or coload 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/Rail Yard and is not forwarded
         in time for 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 and 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. DEFINITION OF CARRIER STANDARD TRANSIT SERVICE:
      Under its Standard Transit Service Carrier is not
      obligated to transport cargo in any particular
      container or type of container or equipment (except
      as specified in individual TLIs or in conformity with
      Rule 16), or via any particular vessel, ocean, water,
      rail, motor or air carrier, or in time for any
      particular market or otherwise than with reasonable
      dispatch utilizing any underlying VOCC's fixed
      sailing schedule(s).  Selection of underlying or
      inland Carriers to be utilized for all or any portion
      of the through transportation of cargo shall be at
      the sole discretion of the Carrier.
  
  iv. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY
      AN UNDERLYING VOCC SERVICE: 
  
      A. When Carrier publishes both an applicable rate
         applying via a specified underlying VOCC Service
         and an applicable rate via Carriers' Standard
         Transit Service (i.e. any rate that does NOT
         specify application via a particular underlying
         VOCC), the rate applying via Carrier's Standard
         Transit Service shall be assessed, regardless of
         the underlying VOCC Service actually utilized to
         transport the shipment;
  
      B. When Carrier publishes 2 (two) or more applicable
         rates applying via different underlying VOCCs and
         has NOT published a rate for Carrier's Standard
         Transit Service, the lowest rate applicable via a
         specific underlying VOCC will be assessed,
         regardless of the underlying VOCC Service actually
         utilized to transport the shipment.
   
j. Nothing in this Tariff shall be construed as requiring Smartlink
   (U.S.A.), 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 Smartlink (U.S.A.), 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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