RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff:
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a. 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 shift
cargo from one (1) vessel to another 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, 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: ROHLIG USA, LLC
reserves the right to transfer cargo to alternate or substitute
ports of service by trucking, rail, or any other means of trans-
portation deemed appropriate by the Carrier, within the range
of ports named in Rule 1.2 or 1.4. Except as may otherwise be
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 individual NRAs governed by this
Tariff and Carrier forwards cargo to destination via another
port or service due to error, omission, 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 ROHLIG
USA, LLC to transport cargo or furnish service for which it does
not have, or cannot obtain, suitable or sufficient transporting
containers or equipment, nor to accept cargo when inland carrier
services are NOT available. Further nothing in this Tariff shall
be construed as creating any obligation for ROHLIG USA, LLC to
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 any outstanding booking or contract in conformity
with Federal Maritime Regulations and the Shipping Act of 1984.
