RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 18SEP2024
| Effective | 18SEP2024 |
|---|---|
| Filed | 18SEP2024 |
| Filing Codes | IC |
a. Except as otherwise specifically provided in the Rules
of this Tariff or in individual TLIs, rates named in
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. Carrier is NOT obligated to transport cargo in any
particular container or type of container or equipment
(except as specified in individual TLIs of this Tariff,
or in conformity with Rule 16), or 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.
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
transship cargo from 1 (one) vessel 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, transshipment, 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 this Tariff apply ONLY to the specific
commodity(s) named and CANNOT be applied to analogous
commodities. Further, unless a rate specifically names
a particular commodity, the Generic, N.O.S. or Cargo,
N.O.S. rate will apply.
g. The rates named in each specific TLI (Rate Item) of this
Tariff apply on straight or mixed shipments of the
commodities named therein unless otherwise specifically
restricted. When mixed shipments contain commodities
subject to rates named in more than 1 (one) TLI, the
separate rate applicable for each commodity will be
assessed, subject to the highest minimum quantity
provided for any commodity in the shipment.
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
OR CO-LOADED VIA SPECIFIC NVOCCS:
Except as otherwise provided on a Web Rate Page named in this Tariff,
all shipments will be transported via Carrier's Regular Transit Service
defined in Rule 2.1. When rates named on a Web Rate Page in this
Tariff, are published to apply via a specifically named underlying VOCC
or co-loaded with a specifically named NVOCC, the following will apply:
1. When different rates applying on the same commodity, from and to
the same ports/points are published on a Web Rate Page in this Tariff,
and the application of the rates are based on different underlying
VOCC/NVOCC services, selection of the underlying VOCC/NVOCC, and the
related rate level, will be strictly at the Shipper's option. Shipper
MUST specify the underlying VOCC/NVOCC Service desired at the time
cargo is booked with the Carrier, either orally or in writing. Or
Shipper may provide standing instructions for the use of specific
underlying VOCC/NVOCC with Carrier. If Shipper fails, or declines, to
specify a particular underlying VOCC/NVOCC and/or Service Level,
Carrier shall be free to select the carrier and/or service level used
for transportation that is consistent with Carrier's obligation as a
common Carrier to provide transportation service under the terms and
conditions of these Rules and governed Rate Tariffs and Carrier's B/L;
in such cases Freight Charges shall be assessed pursuant to paragraph
i.3. of this Rule.
2. Shipper's selection of an underlying VOCC/NVOCC shall be considered
paramount and Carrier may NOT, and will NOT, alter Shipper's
instructions or the underlying VOCC/NVOCC rate level selected, EXCEPT
in the following instances:
A. If Carrier forwards a shipment via a different underlying VOCC, or
coloads with a different NVOCC, than specified by Shipper in error,
Shipper shall be assessed freight charges based on the underlying
VOCC, or coload NVOCC, Service level Shipper actually selected or
the freight charges applicable to the underlying VOCC/NVOCC Service
actually provided, whichever is lower.
B. If due to an error or omission on Shipper's part, cargo is held at
Carrier's Terminal or Container/Rail Yard and is not forwarded in
time for the first available sailing for the underlying VOCC/NVOCC
Service selected, Carrier will give the Shipper the option of
waiting until the next sailing for the underlying VOCC/NVOCC
selected or of changing the Transit Service status of the Shipment.
If Shipper decides to change the underlying VOCC/NVOCC service
selected, freight and charges shall be assessed on the basis of the
underlying VOCC/NVOCC 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.
3. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
UNDERLYING VOCC SERVICE:
A. When Carrier provides both an applicable rate on a Web Rate Page in
this Tariff, which applies via a specified underlying VOCC/NVOCC
Service and an applicable rate via Carriers' Regular Transit
Service (i.e. any rate that does NOT specify application via a
particular underlying VOCC/NVOCC), the rate applying via Carrier's
Regular Transit Service shall be assessed, regardless of the
underlying VOCC/NVOCC Service actually utilized to transport the
shipment if Shipper fails to specify the underlying VOCC/NVOCC
service is to be utilized when Shipment is booked.
B. When Carrier provides 2 (two) or more applicable rates on a Web
Rate Page in this Rate Tariff, which apply via different underlying
VOCCs/NVOCCs and such Web Rate Page does NOT contain a rate for
Carrier's Regular Transit Service, the lowest rate applicable via a
specific underlying VOCC/NVOCC will be assessed, regardless of the
underlying VOCC/NVOCC Service actually utilized to transport the
shipment when Shipper fails to specify the underlying VOCC/NVOCC
service is to be utilized when Shipment is booked..
