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.

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