RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 07NOV2016

Effective 07NOV2016
Filed 07NOV2016
Filing Codes I

a. Except as otherwise specifically provided in the Rules of this Tariff
   or in individual NRAs and TLIs named in Rate Tariffs governed by this
   Tariff, rates named in NRAs and Rate Tariffs governed by 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. 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), 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 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.
     
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
   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 any NRA and or Rate Tariffs governed by this Tariff.
   Except as otherwise provided in individual NRAs and TLIs named in
   Rate Tariffs governed by this Tariff (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 NRAs and Rate Tariffs governed by 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 NRA and in each specific Rate named in
   Tariffs governed by 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 in a Tariff governed by this
   Tariff, the separate rate applicable for each commodity will be
   assessed, subject to the highest minimum quantity provided for any
   commodity in the shipment.  This provision does NOT apply to rates
   named in NRAs.
     
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. Nothing in this Tariff shall be construed as requiring
   VTG Tanktainer GmbH 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
   VTG Tanktainer GmbH 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.
     
h. 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 any outstanding booking or
   contract in conformity with Federal Maritime Regulations
   and the Shipping Act of 1984.

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