RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 14APR2014
| Effective | 14APR2014 |
|---|---|
| Filed | 14APR2014 |
| 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:
Xiamen Halonn International Logistics Co., Ltd. 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
Rules 1.2 or 1.4. 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 rates differentiated ONLY by the transportation
route or service utilized are named in 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., 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 shall be construed as requiring
Xiamen Halonn International Logistics Co., Ltd. to transport
cargo or furnish service for which is 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 Xiamen Halonn International
Logistics Co., Ltd. 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 or abort any outstanding
booking, service or contract in conformity with Federal
Maritime Regulations and the Shipping Act of 1984.
