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.
