RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 18MAY2011
| Effective | 18MAY2011 |
|---|---|
| Filed | 18MAY2011 |
| Filing Codes | I |
a. Except as otherwise specifically provided in the Rules of this Tariff
or NRAs, rates named in NRAs 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.1. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment, except as specified
in individual NRAs governed by this Tariff, or in conformity with
Rule 16.
2. Except as otherwise provided below in paragraphs b.3.
or i., Carrier is not obligated to transport cargo 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.
3. When specific reference is made hereto, Rates SBJ
hereto apply ONLY when Shipper requests and Carrier
guarantees transportation via a carrier with the
scheduled transit time specified in the provisions
making reference hereto.
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
transport cargo on more than 1 (one) vessel 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, 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 this
Tariff. Except as otherwise provided in individual TLIs
(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 governed by this Tariff apply ONLY to the
specific commodity(s) named and CANNOT be applied to analogous
commodities.
g. The rates named in each specific NRA governed by this Tariff apply
on straight or mixed shipments of the commodities named therein
unless otherwise specifically restricted.
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. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS:
Except as otherwise provided in individual NRAs governed by
this Tariff, all shipments will be transported via any underlying
VOCC offering and maintaining a regular transportation service between
POL and POD. When rates named NRAs governed by this Tariff are
quoted and agreed to as applying via a specifically named underlying
VOCC the following will apply:
i. When different rates applying on the same commodity, from and to
the same ports/points are included in a single NRA governed
by this Tariff and the application of the rates are based on
different underlying VOCC services, selection of the underlying
VOCC, and the related rate level, will be strictly at the
Shipper's option. Shipper MUST specify the underlying VOCC Service
desired at the time cargo is booked with the Carrier, either orally
or in writing. If no written instructions are forwarded by the
Shipper to the Carrier, Carrier's booking records shall govern
assignment of underlying VOCC and the application of the rate
assessed.
ii. Shipper's selection of an underlying VOCC shall be
considered paramount and Carrier may NOT and will NOT
alter Shipper's instructions or the underlying
VOCC/rate level selected, EXCEPT in the following
instances:
A. If Carrier forwards a shipment via a different underlying VOCC
than specified in error, Shipper shall be assessed freight
charges based on the underlying VOCC Service level Shipper
actually selected, the freight charges applicable to the
underlying VOCC Service actually provided when lower, or if no
rate via the underlying VOCC actually used the freight charge
applicable to the lowest applicable rate within the NRA..
B. If due to an error or omission on Shipper's part, cargo is
held at Carrier's Terminal or Container Yard and is not
forwarded on the first available sailing for the underlying
VOCC Service selected, Carrier will give the Shipper the
option of waiting until the next sailing for the underlying
VOCC selected or of changing the underlying Carrier Service
selected. If Shipper decides to change the underlying VOCC
service selected, freight charges shall be assessed on the
basis of the underlying VOCC via which the shipment actually
moves. In either case all charges for storage, container
shifting or reloading or shipment return, incurred as a result
of Shipper's error or ommission shall be for the account of the
Shipper.
iii. Reserved.
iv. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY
AN UNDERLYING VOCC SERVICE:
A. When an NRA contains both an applicable rate applying via a
specified underlying VOCC Service and an applicable rate that
does NOT specify service via any underlying VOCC, the rate
applying via the rate that does not specify via any VOCC will be
assessed, regardless of the underlying VOCC Service actually
utilized to transport the shipment;
B. When Carrier publishes 2 (two) or more applicable rates within
a single NRA applying via different underlying VOCCs and the NRA
does not contain a open rate without a named underlying VOCC,
the lowest rate applicable via a specific underlying VOCC will
be assessed, regardless of the underlying VOCC Service actually
utilized to transport the shipment.
