RULE: 35 - STRIKE PROVISIONS Eff: 11SEP2020
| Effective | 11SEP2020 |
|---|---|
| Filed | 11SEP2020 |
| Filing Codes | I |
In the event of a strike or work stoppage (including, but not
limited to, strikes, lock-outs, work stoppages or slowdowns, at a
port, wheresoever occurring, and whether existing or anticipated
before or after booking and/or receipt of cargo, which in the
judgement of the Carrier is likely to give rise to unreasonable
delay or disadvantage to, or loss of, any or all of the cargo so
received or booked, the Carrier shall have the right to transport
and/or transfer the cargo to or through such other port from or to
which adequate ocean transportation is provided and available.
The rates and charges applying on such diverted cargo shall be as
provided below:
1. If transportation service has not yet commenced on cargo booked
and/or received which is scheduled to move through a port
affected by a strike or work stoppage, the rate and charges
applicable on such diverted cargo shall be the rate and charges
applying via the actual route of movement, or in the absence of
such rate and charges, the rate and charges applicable to the
scheduled transportation movement, plus any additional diversion
charges incurred to accomplish transportation service to
destination.
2. If transportation service has not yet commenced on cargo booked
and/or received for transportation from/to Carrier's facilities
at a port affected by a strike or work stoppage, the rate and
charges applying on such cargo shall be the rate and chares
applicable to the scheduled transportation movement plus any
additional diversion charges incurred for movement of cargo
between the affected port and the actual port of origin or
destination. Further, when arranging transportation service
from or to a diversion port, Carrier's liability shall be
strictly that of an agent acting on behalf of Shipper or
Consignee and all risk and charges for the diversion service
shall be for the account of the cargo. Carrier's VOCC service
and liability shall commence only from or terminate at the port
from or to which the cargo is diverted.
3. If transportation service has commenced on cargo destined to or
moving through a port affected by a strike or work stoppage,
Carrier shall make every effort to deliver cargo to cargo's
original scheduled destination. However, all additional
charges for diversion or reconsignment (upon Shipper's or
Consignee's instructions) of cargo shall be strictly for the
account of the cargo. Further, once ocean transportation
service has been terminated by Carrier, due to a strike or
work stoppage at the scheduled delivery or interchange port,
Carrier's B/L liability shall cease and when making arrange-
ments for transportation service to originally scheduled
destination Carrier's liability shall be strictly that of
an agent acting on behalf of Shipper or Consignee and all
risk and charges for diversion service shall be for the
account of the cargo.
