RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 18MAY2011

Effective 18MAY2011
Filed 18MAY2011
Filing Codes I

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:
   Walsh C.H.B., Inc. 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 1.2 or 1.4 of this NRA Governing Rules
   Tariff.  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 NRA rates differentiated ONLY by the transportation route or
   service utilized are named in NRAs Subjec to this Tariff and Carrier
   forwards cargo to destination via another port or service due to
   error, ommission, or pursuant to the provisions of Rule 1.5.a.
   above, 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, or in NRAs governed by this Tariff shall be
   construed as requiring Walsh C.H.B., Inc. 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 Walsh
   C.H.B., Inc. 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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