RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 24MAY1998
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Effective |
24MAY1998 |
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Filed |
11MAY1998 |
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Filing Codes |
CR |
a. Except as otherwise specifically provided in the Rules
of this Tariff or in individual TLIs, 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.
b.1. Carrier is NOT obligated to transport cargo in any
particular container or type of container or
equipment, except as specified in individual TLIs of
this Tariff, or in conformity with Rule 16.
{C}
2. Except as otherwise provided below in paragraphs i. or
j., Carrier does not guarantee, and is not obligated,
to transport cargo 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. Further, except as
otherwise provided in paragraphs i. 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}
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
transport cargo on more than 1 (one) vessel 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, additional 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 in individual TLIs
(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 iability 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 in each specific TLI (Rate Item) of this
Tariff apply on straight or mixed shipments of the
commodities named therein unless otherwise specifically
restricted. When mixed shipments contain commodities
subject to rates named in more than 1 (one) TLI, the
separate rate applicable for each commodity will be
assessed, subject to the highest minimum quantity
provided for any commodity in the shipment.
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.
{C}
i. RATES PUBLISHED TO APPLY VIA SPECIFICALLY NAMED
UNDERLYING VOCCS:
Except as otherwise provided in individual TLIs or
paragraph j. below, all shipments will be transported
SBJ to paragraph b. above and via Carrier's Regular
Transit Service defined in paragraph j.iii.A.
When rates named in this Tariff are published to apply
via a specifically named underlying VOCC the following
will apply:
i. When different rates applying on the same commodity,
from and to the same ports/points are published in
in this Tariff and the application of the rates are
based on different underlying VOCC services, selection
of the underlying VOCC, and the related rate level,
will be strictly at the Shipper's option. Shipper
MUST specify the underlying VOCC Service desired at
the time cargo is booked with the Carrier, either
orally or in writing. If no written instructions are
forwarded by the Shipper to the Carrier, Carrier's
booking records shall govern assignment of underlying
VOCC and the application of the rate assessed.
ii. Shipper's selection of an underlying VOCC shall be
considered paramount and Carrier may NOT and will NOT
alter Shipper's instructions or the underlying
VOCC/rate level selected, EXCEPT in the following
instances:
A. If Carrier forwards a shipment via a different
underlying VOCC than specified in error, Shipper
shall be assessed freight charges based on the
underlying VOCC Service level Shipper actually
selected or the freight charges applicable to the
underlying VOCC 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 Service selected,
Carrier will give the Shipper the option of waiting
until the next sailing for the underlying VOCC
selected or of changing the underlying VOCC. If
Shipper decides to change the underlying VOCC
service selected, freight charges shall be assessed
on the basis of the underlying VOCC 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. Reserved
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' Regular Transit
Service (i.e. any rate that does NOT specify
application via a particular underlying VOCC, nor
a Premium/Superior Transit Service), the rate
applying via Carrier's Regular 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 Regular
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.
{CR}
j. TRANSIT SERVICE LEVELS/DESCRIPTIONS:
Except as otherwise provided in individual TLIs all
rates apply via Carrier's Regular Transit Service as
defined below. TLI rates specifically designated as
applying via Premium or Superior Transit Service will be
transported SBJ to the conditions and definitions named
below.
i. When different rates applying on the same commodity,
from and to the same ports/points are published in
this Tariff and the application of the rates are based
on different Transit Service levels, selection of
Transit Service and the related rate level will be
strictly at the Shipper's option. The Shipper MUST
notify the Carrier prior to shipment as to the type of
Transit Service preferred and service requested MUST
be clearly marked on the B/L at the time of shipment.
ii. Shipper's selection of a Transit Service (and
applicable rate) level option shall be considered
paramount and Carrier will NOT alter Shipper's
instructions or the Transit Service/rate level
selected, EXCEPT in the following instances:
A. If Carrier forwards a shipment via a faster or higher
rated Transit Service in error, Shipper shall be
assessed freight charges based on the Transit Service
level Shipper actually selected or the freight
charges applicable to the Transit 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 Transit Service selected, Carrier will give
the Shipper the option of waiting until the next
sailing for the Transit Service selected or of
changing the Transit Service status of the shipment.
If Shipper decides to change the Transit Service
selected, freight charges shall be assessed on the
basis of the Transit Service 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.
C. If actual Transit Time does not meet guaranteed
Superior Transit Service Time as selected by the
Shipper, then the applicable rate based on the
Premium Transit Service Time shall be assessed. If
actual Transit Time does not meet guaranteed Premium
Transit Service Time as selected by the Shipper (or
as reassigned by the Carrier), then the applicable
rate based on the Regular Transit Service shall be
assessed.
iii. DEFINITION OF TRANSIT SERVICE LEVELS:
A. REGULAR TRANSIT SERVICE - Carrier is not obligated
to transport cargo via any particular vessel (except
as otherwise provided in paragraph i. above), or SBJ
to any particular Transit Time or otherwise than
with reasonable dispatch utilizing Carrier's
underlying VOCCs fixed sailing schedule(s).
B. PREMIUM TRANSIT SERVICE - Carrier will guarantee the
Transit Time specified below for "Premium" utilizing
any underlying VOCC (unless otherwise specified per
paragraph i. above) chosen by the Carrier.
C. SUPERIOR TRANSIT SERVICE - Carrier will guarantee
the Transit Time specified below for "Superior"
utilizing any underlying VOCC (unless otherwise
specified per paragraph i. above) chosen by the
Carrier.
iv. TRANSIT TIME SCHEDULES:
A. Transit Time on shipments From/To Hong Kong, Japan,
Korea and Taiwan To/From United States -
TYPE OF PACIFIC ATLANTIC GULF/GREAT INTERIOR
SERVICE PORTS PORTS LAKE PORTS POINTS
------------------------------------------------------
Premium 35 49 45 48
Superior 25 39 35 38
B. Transit Time on shipments From/To European
Continent, Scandinavia and the United Kingdom
To/From United States -
TYPE OF PACIFIC ATLANTIC GULF/GREAT INTERIOR
SERVICE PORTS PORTS LAKE PORTS POINTS
------------------------------------------------------
Premium 35 30 35 30
Superior 33 25 33 33
C. Transit Time on shipments From/To China (Main
Ports), Malaysia, the Philippines (Main Ports),
Singapore and Thailand To/From United States -
TYPE OF PACIFIC ATLANTIC GULF/GREAT INTERIOR
SERVICE PORTS PORTS LAKE PORTS POINTS
------------------------------------------------------
Premium 49 65 60 65
Superior 39 55 50 55
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