RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 22JUN2023
| Effective | 22JUN2023 |
|---|---|
| Filed | 22JUN2023 |
| 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 Supply Chain Management Services 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 1.2 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 Supply Chain Management Services 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 Walsh Supply
Chain Management Services 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.
