RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 12FEB2021

Effective 12FEB2021
Filed 12FEB2021
Filing Codes IC

a. 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 shift cargo from 1
   (one) underlying vessel operating common carrier 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, shifting or substitution shall be
   deemed to be within the contract of affreightment and shall NOT be
   considered a deviation therefrom.
     
b. Alternate or Substituted Service between Ports:
   Viamar Shipping, LLC reserves the right to transfer cargo to alternate
   or substitute ports of service by trucking, rail, or any other means
   of transportation deemed appropriate by the Carrier, within the range
   of ports named in Rule 1.1 or 1.3.  Except as otherwise provided
   below, such substituted service or transfer arrangements shall NOT
   result either directly or indirectly in any lessening or increasing of
   the cost or expense which the Shipper would have borne had the cargo
   moved from, to or through the port(s) originally intended.
     
c. When rates differentiated ONLY by the transportation route utilized
   are named in NRAs and Rate Tariffs governed by this Tariff and 
   Carrier, pursuant to the provisions of paragraph a. above, forwards
   cargo to destination via alternate or substituted port service,
   freight charges shall be assessed based on the transportation route
   selected by the Shipper or Consignee, or the freight charges
   applicable via the actual route of movement, whichever is lower.
     
d. Nothing in this Tariff shall be construed as requiring Viamar
   Shipping, LLC to transport cargo or furnish service for which it 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 Viamar Shipping, LLC 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.
     
e. 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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