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RULE REVISION HISTORY
Rule 2.4 – TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES

Revision
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Published
Date
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Date
Title
There are no revisions published for this Rule.

Displaying: Original Published Date: 01/20/2016
RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES
Effective	1/20/2016
     
a. Except as otherwise specifically provided in the Rules of this Tariff or in individual TLIs, rates 
named in this Tariff applying from, to or through the U.S. or foreign Ports named in Rules 1.1 and 
1.3 do NOT include lighter age, 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. Carrier is NOT obligated to transport cargo in any particular container or type of container or 
equipment (except as specified in individual TLIs of this Tariff, 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 and due diligence.  Selection of any underlying 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. 1. Carrier reserves the right to load and transport any single shipment in more than 1 (one) 
container when required by 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 transporting 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 1 (one) container to another, to transship 
cargo from 1 (one) vessel to another and/or to substitute 1 (one) mode of transportation for     
another at any point in, or for any portion of, the through transportation service provided by the 
Carrier.  Any such transfers, transshipments, movements or substitutions of service shall be deemed 
to be within the contract of affreightment and shall NOT be considered a deviation therefrom.
   
  2. When Carrier provides loading Services of full container load shipments at its nominated 
Container Freight Station facilities (i.e. "S" Service at origin - see Rule 2.1), Carrier reserves 
the right to utilize any and all remaining empty space in the container for other cargo after all 
Shipper's cargo has been loaded therein. Carrier shall remove all extra Cargo from the container at 
destination before the shipment is delivered to the Consignee.

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 individual TLIs (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 1 (one) commodity will be rated on the basis of the 
highest rated article in the package.
     
f. Rates named in this Tariff apply ONLY to the specific commodity(s) 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.
    
g. The rates named in each specific TLI (Rate Item) of this Tariff apply on straight or mixed 
shipments of the commodities named therein unless otherwise specifically restricted.  When mixed 
shipments contain commodities subject to rates named in more than 1 (one) TLI, the separate rate 
applicable for each commodity will be assessed, subject to the highest minimum quantity provided for 
any commodity in the shipment.
     
h. Whenever a rate is provided 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. {C}          

i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS: Except as otherwise provided in individual 
TLIs, all shipments will be transported via Carrier's Standard Transit Service defined in paragraph 
iii. below. When rates named in this Tariff are published to apply via a specifically named 
underlying VOCC the following will apply: i. When different rates applying on the same commodity, 
from and to the same ports/points are published in in this Tariff and the application of the rates 
are based on different underlying VOCC services, selection of the underlying 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 no 
written instructions are 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, 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 TLIs 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 publishes both an applicable rate applying via a specified underlying VOCC 
Service and an applicable rate via Carriers' 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 publishes 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.
    
j. The rates named in this Tariff, except where predicated on a specifically lower or higher value or 
when predicated on an Ad Valorem Basis are SBJ to the B/L liability limit specified in Rule 8.





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