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..

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