RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 23MAY2022
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: WEN-PARKER LOGISTICS, INC. reserves the right to transfer cargo to alternate or substitute ports of service by trucking, rail, or any other means of transportation deemed appropriate by the Carrier, within the range of ports named in Rule 1.2 or 1.4. Except as may other- wise 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 or ports 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 WEN- PARKER LOGISTICS, INC. 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 WEN-PARKER LOGISTICS, INC. 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.
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