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.
