RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 09FEB2016

Effective 09FEB2016
Filed 09FEB2016
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:
   TMB USA, 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
   TMB USA, 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 TMB USA, 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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