RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 06OCT2005

Effective 06OCT2005
Filed 06OCT2005
Filing Codes I

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.
   
  2. Except as otherwise provided below in paragraphs b.3.
     or i., Carrier 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.  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.
      
  3. When specific reference is made hereto, Rates SBJ
     hereto apply ONLY when Shipper requests and Carrier
     guarantees transportation via a carrier with the
     scheduled transit time specified in the provisions
     making reference hereto.
     
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, 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 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 in each specific TLI (Rate Item) 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:
   Except as otherwise provided in individual TLIs, 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 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 Transit Service
         status of the shipment.  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. 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.

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