RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 20JUL2004
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.1. 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. 2. Except as otherwise provided below in paragraphs b.3. or i., Carrier is not obligated to transport cargo 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. 3. When specific reference is made hereto, Rates SBJ hereto apply ONLY when Shipper requests and Carrier guarantees transportation via a carrier with the scheduled transit time specified in the provisions making reference hereto. 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 transport cargo on more than 1 (one) vessel 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, 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. 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: Except as otherwise provided in individual TLIs, all shipments will be transported via Carrier's Standard Transit Service defined in paragraph i.iii below. When rates named in this Tariff are published to apply via a specifically named underlying VOCC the following will apply: i. When different rates applying on the same commodity, from and to the same ports/points are published in in this Tariff and the application of the rates are based on different underlying VOCC services, selection of the underlying 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 no written instructions are 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, 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. 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 TLIs 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 publishes both an applicable rate applying via a specified underlying VOCC Service and an applicable rate via Carriers' 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 publishes 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.
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