RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 04SEP2013 - caribtrans.nextsitehosting.com

RULE: 1.5 – ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 04SEP2013

Effective 04SEP2013
Filed 04SEP2013
Filing Codes IC

a. 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 transfer, transshipment,
   movement 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:
   Caribtran Logistics, LLC reserves the right to transport
   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 serviced by Caribtran Logistics, LLC.  Except
   as otherwise 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(s) originally
   intended. 
     
c. When rates differentiated ONLY by the transportation route utilized
   are named in NRAs and Rate TLIs named in Tariffs governed by this
   Tariff and Carrier, pursuant to the provisions of paragraph a. above,
   forwards cargo to destination via alternate or substituted port
   service, 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
   Caribtran Logistics, LLC to transport cargo or
   furnish service for which is does not have, or cannot
   obtain, suitable or sufficient transporting containers
   or equipment, nor to accept cargo when underlying
   vessel-operating-common-carrier or inland carrier
   services are NOT available.  Further nothing in this
   Tariff shall be construed as creating any obligation for
   Caribtran Logistics, LLC 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.