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Show Rule

Number 2.4
Title TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES
Filed 05MAR2019
Effective 05MAR2019
Expires N/A
Filing Codes I
Default Body
a. Except as otherwise specifically provided in the Rules of this
Tariff, or in individual NRAs, governed by this Tariff, rates
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.1. Carrier is NOT obligated to transport cargo in any particular
container, type of container or type of equipment, except as
specified in individual NRAs governed by this Tariff, or in
conformity with Rule 16 (Hazardous Cargo).

2. Carrier is not obligated to transport cargo via any particular
vessel, rail, motor or air carrier, or in time for any specific
market or otherwise than with reasonable dispatch and due
diligence. Selection of any vessel 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 one (1) container when required by local
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 one (1)
container to another, to transport cargo on more than one (1)
vessel and/or to substitute one (1) 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, 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 the
individual NRAs, (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 one (1) commodity will be rated on the
basis of the highest rated article in the package.

f. NRA rates governed by this Tariff apply ONLY to the specific
commodity or commodities 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 as
named in the Carrier's General Tariff of Applicability FMC 002.

g. The rates named in each specific NRA governed by this Tariff
apply on straight or mixed shipments of the commodities named
therein unless otherwise specifically restricted.

h. Whenever an NRA rate provides 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. INDIVIDUAL NRAs PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS:
Except as otherwise provided in individual NRAs, all shipments
will be transported via Carrier's Standard Transit Service as
defined below. When NRAs governed by this Tariff are issued to
apply via a specifically named underlying VOCC the following
will apply:

i. When different NRA rates applying on the same commodity, from
and to the same ports/points are published in NRAs governed by
this Tariff and the application of which is based on the use
of different underlying VOCC services, selection of the under-
lying VOCC, and the related rate level, will be strictly at
the Shipper's option. Shipper MUST specify the underlying
VOCC Service desired at the time cargo is booked with the
Carrier, either orally or in writing. If instructions are NOT
forwarded by the Shipper to the Carrier, Carrier's booking
records shall govern assignment of underlying VOCC and the
application of the rate assessed.

ii. Shipper's selection of an underlying VOCC shall be considered
paramount and Carrier may NOT and will NOT alter Shipper's
instructions or the underlying VOCC/rate level selected,
EXCEPT in the following instances:

A. If Carrier forwards a shipment via a different underlying
VOCC than specified in error, Shipper shall be assessed
freight charges based on the underlying VOCC Service
level Shipper actually selected or the freight charges
applicable to the underlying VOCC 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 Yard and is
not forwarded on the first available sailing for the
underlying VOCC Service selected, Carrier will give the
Shipper the option of waiting until the next sailing for
the underlying VOCC selected or of changing the Transit
Service status of the shipment. If Shipper decides to
change the underlying VOCC service selected, freight
charges shall be assessed on the basis of the underlying
VOCC via which the shipment actually moves. In either
case all charges for storage (as provided in Rule 23.11
of this Tariff or in the individual NRA) container
shifting or reloading or shipment return, incurred as a
result of Shipper's error or omission shall be for the
account of the Shipper.

iii. DEFINITION OF CARRIER STANDARD TRANSIT SERVICE:
Under its Standard Transit Service Carrier is not obligated
to transport cargo in any particular container or type of
container or equipment (except as specified in individual
NRAs 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 utilizing any underlying VOCC's fixed sailing
schedule(s). Selection of underlying or inland Carriers
to be utilized for all or any portion of the through
transportation of cargo shall be at the sole discretion
of the Carrier.

iv. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
UNDERLYING VOCC SERVICE:

A. When Carrier provides rates in an individual NRA, both
specifiying an underlying VOCC service and an applicable
rate via Carrier's Standard Transit Service (i.e., any
rate that does NOT specify application via a particular
underlying VOCC), the rate applying via Carrier's Standard
Transit Service shall be assessed, regardless of the
underlying VOCC Service actually utilized to transport
the shipment;

B. When Carrier provides rates in an individual NRA with 2
(two) or more applicable rates applying via different
underlying VOCCs and has NOT published a rate for Carrier's
Standard Transit Service, the lowest rate applicable via
a specific underlying VOCC will be assessed, regardless
of the underlying VOCC Service actually utilized to
transport the shipment.
Default State No
Is Charge? No