RULE: 35 - STRIKE PROVISIONS Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
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.

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