RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
Filing Codes I

a. Except as otherwise specifically provided in the Rules of this
   Tariff, or in individual NRAs, governed by this Tariff, rates
   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, type of container or type of equipment, except as
     specified in individual NRAs governed by this Tariff, or in
     conformity with Rule 16 (Hazardous Cargo).
   
  2. Carrier is not obligated to transport cargo via any particular
     vessel, rail, motor or air carrier, or in time for any specific
     market or otherwise than with reasonable dispatch and due
     diligence. Selection of any vessel or inland carrier to be
     used for any portion of the through transportation of cargo
     shall be at the sole discretion of the Carrier.
      
c. Carrier reserves the right to load and transport any single
   shipment in more than one (1) container when required by local
   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 one (1)
   container to another, to transport cargo on more than one (1)
   vessel 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, 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 the
   individual NRAs, (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 one (1) commodity will be rated on the
   basis of the highest rated article in the package.
     
f. NRA rates governed by this Tariff apply ONLY to the specific
   commodity or commodities 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 as
   named in the Carrier's General Tariff of Applicability FMC 002.
     
g. The rates named in each specific NRA governed by this Tariff
   apply on straight or mixed shipments of the commodities named
   therein unless otherwise specifically restricted.
     
h. Whenever an NRA rate provides 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. INDIVIDUAL NRAs PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS:
   Except as otherwise provided in individual NRAs, all shipments
   will be transported via Carrier's Standard Transit Service as
   defined below. When NRAs governed by this Tariff are issued to
   apply via a specifically named underlying VOCC the following
   will apply:
    
   i. When different NRA rates applying on the same commodity, from
      and to the same ports/points are published in NRAs governed by
      this Tariff and the application of which is based on the use
      of different underlying VOCC services, selection of the under-
      lying 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 instructions are NOT
      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 (as provided in Rule 23.11
         of this Tariff or in the individual NRA) container
         shifting or reloading or shipment return, incurred as a
         result of Shipper's error or omission 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
      NRAs 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 provides rates in an individual NRA, both
         specifiying an underlying VOCC service and an applicable
         rate via Carrier's 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 provides rates in an individual NRA with 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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