Default Body
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a. Except as otherwise specifically provided in the Rules of this Tariff or in individual NRAs or Rate Tariff TLIs governed by this Tariff, rates named in NRAs or Rate Tariff TLIs governed by 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 NRAs, Rate Tariff TLIs governed by 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. Except as otherwise provided in individual NRAs or Rate Tariff TLIs governed by this Tariff, 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 any NRA or Rate Tariff TLI governed by this Tariff. Except as otherwise provided in an individual NRA or Rate Tariff TLI governed by this Tariff (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 NRAs or Rate Tariff TLIs governed by 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 NRA and in each specific Rate Tariff TLI governed by this Tariff apply on straight or mixed shipments of the commodities named therein unless otherwise specifically restricted. h. When mixed shipments contain commodities subject to rates named in more than 1 (one) Rate Tariff TLI governed by this Tariff, the separate rate applicable for each commodity will be assessed, subject to the highest minimum quantity provided for any commodity in the shipment. This provision does NOT apply to rates named in NRAs. i. Whenever a rate is provided for a specific commodity, the same rate will also apply on parts of such a commodity where so described in the B/L, EXCEPT and unless a specific rate is provided for such parts in an applicable NRA or Rate Tariff TLI governed by this Tariff. i. Nothing in this Tariff shall be construed as requiring E. Besler & Co. 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 E. Besler & Co. 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.
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