RULE: 35 - STRIKE PROVISIONS Eff: 13OCT2017

Effective 13OCT2017
Filed 13OCT2017
Filing Codes I

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.

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