RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
Filing Codes I

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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