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.
