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.

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